bluuebunny/crossref_metadata_2025_split huggingface dataset:
The History of the Department of State IX
Authors: Pickering Timothy , Day William R. , Taft Wm. H. , Root Elihu , Hunt Gaillard , Palau C. , Rico Porto 
Published: April 2006

The highest duty of an American diplomatic or consular officer is to protect citizens of the United States in lawful pursuit of their affairs in foreign countries. The document issued in authentication of the right to such protection is the passport.Broadly speaking, the Department issues two kinds of passports — those for citizens and those for persons who are not citizens. Citizens’ passports are ordinary and special; aliens’ passports are for travel in the United States and for qualified protection abroad of those who have taken the first steps to become American citizens.The citizen’s passport is the only document issued by the Department of State to authenticate the citizenship of an American going abroad. The Act of August 18, 1856, makes the issuance to one who is not a citizen a penal offense if it is committed by a consular officer. Before this law was passed the Department did not issue the document to aliens; but it was permitted to this government’s agents abroad sometimes to issue it to others than American citizens. The Personal Instructions to the Diplomatic Agents of the United States of 1853 said:
They sometimes receive applications for such passports from citizens of other countries; but these are not regularly valid, and should be granted only under special circumstances, as may sometimes occur in the case of foreigners coming to the United States.
The Settlement of Inter-State Disputes
Authors: Caldwell Robert Granville 
Published: April 2006

It is the purpose of this paper to review the methods and the principles which have been involved in the quasi-international jurisdiction which has been exercised to settle the disputes which have arisen between the members of the great federations which have sprung from the British Empire of the seventeenth century. These methods have not only been widely copied in the past, especially by the various South American states and by Switzerland, but they are likely to become of compelling interest, if ever the world should apply the federal principle to the League of Nations of which we hear so much in these days.As soon as the colonies were thickly settled on the Atlantic shore of what is now the United States, it was natural for them to become involved in bitter disputes about their conflicting boundaries and trade regulations. These controversies were settled either (1) by informal agreements between the colonies, which were sometimes sanctioned later by the Privy Council, or (2) in the more serious cases by the Council itself acting under the royal prerogative. Since the disputes were almost always concerned with the interpretation of charters which came at least nominally from the King, it was evidently proper that the same King in Council should sit as the arbiter in these controversies. Sometimes the Privy Council decided these issues in London; again it sent out commissioners to bring the parties into agreement on the ground. In every case the authority of the Council was looked upon by the distant colonists with the greatest jealousy, but its legal authority in such matters was never questioned. It is safe to say that from the authority of this administrative body is derived the quasi-international authority of every federal court in the world, except the German Bundesrath whose power to settle the disputes of the members of the German Empire has a wholly distinct origin in the Diets of the Confederation and of the Holy Roman Empire.
Punishment of Offenders Against the Laws and Customs of War
Authors: Garner James W. 
Published: April 2006

The treaty of peace between Germany and the Allied and Associated Powers, signed at Versailles on the 28th of June, 1919, formally sanctioned the principle that individuals belonging to the armed or naval forces of the adversary, as well as his civil functionaries, are responsible under military law for offenses against the laws and customs of war and may be tried and punished for such offences.The treaty declares that Germany recognizes “the right of the Allied and Associated Powers to bring before military tribunals persons accused of having committed acts in violation of the laws and customs of war.” It adds: “Such persons shall, if found guilty, be sentenced to punishments laid down by law. This provision will apply notwithstanding any proceedings or prosecution before a tribunal in Germany or in the territory of her allies.”The treaty further requires Germany to hand over to the Allied and Associated Powers, or to such of them as shall so request, all persons accused of having committed an act in violation of the laws and customs of war, who are specified either by name or by the rank, office, or employment which they held under the German authorities, and to furnish “all documents and information of every kind, the production of which may be considered necessary to the full knowledge of the incriminating facts, the discovery of offenders, and the just appreciation of responsibility.
Territorial Propinquity
Authors: Wright Quincy 
Published: April 2006

In an exchange of notes of November 2, 1917, between Secretary of State Lansing and Viscount Ishii, Special Ambassador of Japan, occurs the following paragraph:
The Governments of the United States and Japan recognize that territorial propinquity creates special relations between countries, and consequently, the Government of the United States recognizes that Japan has special interests in China, particularly in the part to which her possessions are contiguous.That states are more interested in the immediate neighborhood of their frontiers than in remote parts of the world, and are apt to carry on a disproportionate commerce and intercourse or even to expand in such regions, are facts familiar to all students of history and diplomacy; but that geographical position should create special legal capacities is a doctrine perhaps more unfamiliar and seemingly in conflict with certain traditionally repeated maxims, such as the equality of states. If peculiar geographic relationship gives rise to peculiar legal privileges and responsibilities, an absolute equality of states can not be assumed, although equality before the law or equal protection of the law might still be recognized. The fact is unquestionable that on frequent occasions the geographic position of territory. has been offered and accepted as a justification for exceptional proceedings, admitted, in some cases, to be otherwise contrary to the requirements of international law.
The Hague Codification Conference
Authors: Miller Hunter 
Published: April 2006

The Conference for the Codification of International Law which met at The Hague from March 13 to April 12, 1930, was the first international conference specifically called for that purpose.In 1924 the League of Nations set up a Committee of Experts for the progressive codification of international law. The task of that committee was to select and propose for the first conference on codification a certain number of subjects within the field of international law. Three subjects, namely, Nationality, Territorial Waters and The Responsibility of States for Damage Caused in Their Territory to the Person or Property of Foreigners, were finally agreed on as the subjects to be considered by the first conference.
The Nuremberg trial Against the Major War Criminals and International Law
Authors: Ehard Hans 
Published: April 2006

“The trial which is now about to begin is unique in the history of the jurisprudence of the world and it is of supreme importance to millions of people all over the globe.”
Thus spoke the President of the International Military Tribunal in Nuremberg, Lord Justice Lawrence, upon the occasion of the institution of the so-called Trial against the Major War Criminals on November 20, 1945. If his statement is correct, then the German people undoubtedly rank in first place among these millions. This also was the opinion of the chief prosecutor which recurred several times in his statements. Thus the French representative, Mr. François de Menthon, exclaimed:This work of justice is equally indispensable for the future of the German people…The initial condemnation of Nazi Germany by your High Tribunal will be a first lesson for these people and will constitute the best starting point … of re-education which must be its great concern during the coming years…Your judgment … can serve as a foundation for the moral uplift of the German people, first stage in its integration into the community of free countries. …
Regionalism and Political Pacts With Special Reference to the North Atlantic Treaty
Authors: van Kleffens E. N. 
Published: April 2006

Points 2 and 3 of the Vandenberg Resolution, considered and agreed to on June 11, 1948, stated that it was the sense of the Senate that the United States Government, by constitutional process, should particularly pursue the following objectives within the United Nations Charter:
(2)Progressive development of regional and other collective arrangements for individual and collective self-defense in accordance with the purposes, principles, and provisions of the Charter.(3)Association of the United States, by constitutional process, with such regional and other collective arrangements as are based on continuous and effective self-help and mutual aid, and as affect its national security.
Austria’s Permanent Neutrality and the United Nations Organization
Authors: Verdross Alfred 
Published: April 2006

In the Memorandum signed at Moscow, on April 15, 1955,1 the Austrian and Soviet Delegations came to an agreement binding the Austrian Delegation to carry out the following decisions and measures:1. Referring to the declaration made at the conference of Berlin in 1954 neither to join a military alliance nor to allow foreign military bases in its territory, the Austrian Government will make a declaration in a form which will obligate Austria internationally to practice in perpetuity a neutrality of the type maintained by Switzerland.2. After having ratified the State Treaty, the Austrian Government will submit this declaration to the Austrian Parliament for confirmation according to the Austrian Federal Constitution.3. The Austrian Government will take all suitable steps to obtain international recognition of this declaration.4. The Austrian Government will welcome a guaranty by the four Powers of the independence and territorial integrity of Austria.5. The Austrian Government will seek to obtain from the governments of France, Great Britain, and the United States of America such a guaranty.
The Outlawry of War and the Law of War
Authors: Wright Quincy 
Published: April 2006

This title appears to be self-contradictory. How can there be a law of war if war is outlawed? This apparent contradiction disappears, howover, if the distinction between “ war in the legal sense” and “ war in the material sense” is kept in mind. War in the legal sense has been in large measure “outlawed” ; that is, the international law conventionally accepted by most states no longer recognizes that large-scale hostilities may constitute a “state of war” in which the belligerents are legally equal. Such hostilities may, however, occur constituting war in the material sense, and “laws of war” may regulate such activities. This has, in fact, long been the situation within the state. All states “outlaw” domestic insurrection, rebellion and civil strife, yet if these events occur, they apply the laws of war to the hostilities involved in their efforts at suppression. The first modern codification of the law of war was, in fact, issued by the United States to apply to civil strife. Lieber's Code, however, distinguished the applicability of the rules of land warfare in international war and in civil war:When humanity induces the adoption of the rules of regular war toward rebels, whether the adoption is partial or entire, it does in no way whatever, imply a partial or complete acknowledgment of their government, if they have set up one, or of them, as an independent and sovereign power…. Nor does the adoption of the rules of war toward rebels imply an engagement with them extending beyond the limits of these rules…. Treating, in the field, the rebellious enemy according to the law and usages of war has never prevented a legitimate government from trying the leaders of the rebellion or chief rebels for high treason, and from treating them accordingly, unless they are included in a general amnesty.
The United States Reaction to the Korean Attack: A Study of the Principles of the United Nations Charter as a Factor in American Policy-Making
Authors: Hoyt Edwin C. 
Published: April 2006

Little scholarly effort has been devoted to consideration of the part actually played by international law in national decision-making. Diplomatic historians have tended to neglect the legal factor. Political scientists have discussed the rôle of law largely in general terms. The effort of international lawyers has been focused on statement of what the law is supposed to be. Some of this attention might usefully be diverted to study of the place of the legal factor in the making of specific decisions. Such studies should make possible more realistic discussion of the question whether the policy-makers are assigning the degree of emphasis to the factor of international law which is best calculated to promote the national interests and values they aim to serve.What is attempted here is one case study focusing on the legal principles of the United Nations as a restraint and as an incentive to action in the United States reaction to the 1950 Communist attack in Korea. That reaction took two parts: (1) a decision to assist Korea within the framework of the United Nations, and (2) a decision to isolate Formosa from Communist attack by individual American action. After a brief outline of the Charter principles in question, we will consider the way in which each of these decisions was made, together with the domestic and international consequences in each instance.
International Arbitration
Authors: Stevenson John R. 
Published: April 2006

Italy-United States Air Transport Arbitration. Advisory Opinion of TribunalAfter a dispute had arisen between the United States and Italy as to the rights of American air lines to operate all-cargo services to Italy, the question was submitted to the arbitral tribunal: “Does the Air Transport Agreement between the United States and Italy of February 6, 1948, as amended, grant the right to a designated airline of either party to operate scheduled flights carrying cargo only?”
Legal Restraints in Modern Arms Control Agreements
Authors: Stein Eric 
Published: April 2006

In theory, we may envisage five principal types of national arms policy,reflecting as many policy objectives:(1) Arming to obtain the greatest possible weapons preponderance on the assumption that armed conflict is imminent. This policy of amassing military forces without regard for its effect on the other side results in an unrestrained arms race.(2) Arming to deter. The idea of deterrence is familiar to lawyers since it figures so prominently in criminal law. According to Schelling, deterrence as a strategic concept “is concerned with influencing the choices that another party will make, and doing it by influencing his expectations of how we will behave.” Deterrence “requires that there be both conflict and common interest between the parties involved; it is as inapplicable to a situation of pure and complete antagonism of interest as it is to the case of pure and complete common interest.”(3) Arms control. This policy envisages measures that aim at reducing the danger of war and at slowing down the arms race. Such measures may or may not involve actual restrictions upon military activities or reduction of armaments.(4) Comprehensive, reciprocal disarmament (“general and complete disarmament”), usually seen as a scheme “embodied in a single grand treaty leading by stages from less to more drastic and radical measures.” In the final stage, the capabilities of national forces are reduced to those required for internal security only and a centralized international machinery is charged with peacekeeping.(5) Unilateral disarmament, a concept that is self-explanatory.
State Contracts and Transnational Arbitration
Authors: Delaume Georges R. 
Published: April 2006

Agreements providing for the arbitral settlement of disputes arising out of contracts between foreign sovereigns and private contracting parties have become a permanent feature of transnational commerce.This particular favor for the arbitral, as opposed to the judicial, settlement of state contract disputes is attributable to a number of reasons, some of which are conventional and others the consequence of contemporary developments. Traditionally, arbitration has proved attractive because of the special expertise that it may provide and lack of publicity, which may increase the willingness of the losing party to comply with the award.
Has International Law Failed the Elephant?
Authors: Glennon Michael J. 
Published: April 2006

Are we no longer capable of respecting nature, or of defending a living beauty that has no earning power, no utility, no object except to let itself be seen from time to time?Romain GaryIf, as Lao-tse said, nature is not anthropomorphic, some fellow creatures nonetheless seem to share the better angels of our character; among these animals, none is grander than the African elephant. Elephants live in close-knit “families” of about ten members that seem to do just about everything synchronously—feeding, walking, resting, drinking or mud wallowing. Each unit has a matriarchal structure: it is headed by the oldest female and consists of younger females and their calves, as male calves tend to leave the family and strike out on their own when they reach sexual maturity between the ages of 10 and 15. Fighting is rare.
A Law of the Future or A Law of the Past? Modern Tribunals and the International Law of Expropriation
Authors: Norton Patrick M. 
Published: April 2006

One precedent creates another. They soon accumulate and constitute law. What yesterday was fact, today is doctrine.Junius†Less than twenty years ago, a large majority of the United Nations General Assembly declared the customary international law of expropriation dead. Eighty-six governments supported a resolution holding that a state expropriating foreign property “is entitled to determine the amount of possible compensation and the mode of payment, and … any disputes which might arise should be settled in accordance with the national legislation of [that] State.” Scholars cited this and other General Assembly resolutions as evidence that international law no longer required full compensation for the expropriation of foreign property. This view had sufficient support to precipitate an acrimonious dispute in the preparation of the Restatement (Third) of the Foreign Relations Law of the United States, which reaffirmed only in its later drafts the traditional “Hull formula.”
Security Council Resolution 678 and Persian Gulf Decision Making: Precarious Legitimacy
Authors: Weston Burns H. 
Published: April 2006

In his recent book The Power of Legitimacy Among Nations, Thomas Franck defines “legitimacy” as it applies to the rules applicable among states. “Legitimacy,” he writes, “is a property of a rule or rule-making institution which itself exerts a pull toward compliance on those addressed normatively because those addressed believe that the rule or institution has come into being and operates in accordance with generally accepted principles of right process.In adopting Resolution 678 of November 29, 1990, implicitly authorizing the use of force against Iraq in response to Iraq’s August 2, 1990 invasion and subsequent occupation of Kuwait, the United Nations Security Council made light of fundamental UN Charter precepts and thereby flirted precariously with “generally accepted principles of right process.” It eschewed direct UN responsibility and accountability for the military force that ultimately was deployed, favoring, instead, a delegated, essentially unilateralist determination and orchestration of world policy, coordinated and controlled almost exclusively by the United States. And, in so doing, it encouraged a too-hasty retreat from the preeminently peaceful and humanitarian purposes and principles of the United Nations. As a consequence, it set a dubious precedent, both for the United Nations as it stands today and for the “new world order” that is claimed for tomorrow.
The International Response to the Dissolution of the Socialist Federal Republic of Yugoslavia
Authors: Weller Marc 
Published: April 2006

The Socialist Federal Republic of Yugoslavia consisted of six republics (Slovenia, Croatia, Serbia, Bosnia-Hercegovina, Montenegro and Macedonia) and two autonomous regions (Kosovo and Vojvodina). Its overall population was recently estimated as 23.69 million. There were 8.14 million Serbs, 4.43 million Croats, 1.75 million Slovenes, 1.73 million Albanians, 1.34 million Macedonians and 1.22 million “Yugoslavs,” as well as a variety of other minorities.Slovenia has a population of 1.94 million, 90 percent of whom are ethnic Slovenes. There are small minorities of ethnic Serbs, Croats and Hungarians.
A comparative anatomical and biochemical analysis in salsola (Chenopodiaceae) species with and without a kranz type leaf anatomy: a possible reversion of c4 to c3 photosynthesis
Authors: P’yankov Vladimir I. , Voznesenskaya Elena V. , Kondratschuk Alexandra V. , Black Clanton C. 
Published: April 2006

Leaf anatomy was studied by light and electron microscopy and the leaf activities of RUBP carboxylase, PEP carboxylase, and malic enzyme were assayed in: Salsola australis and S. oreophila grown on the West Pamirs at 1800 m altitude; in S. australis grown on the East Pamirs at 3860 m; and in S. arbusculiformis grown in the Kisil‐Kum desert in Middle Asia near 500 m. Carbon isotope fractionation ratio values also were measured on whole leaf tissue for 18 Salsola species field collected in these and other regions of the former USSR. S. australis leaves are cylindrical and in cross section exhibit a peripheral ring of mesophyll and then an inner ring of bundle sheath type cells; and its biochemical characteristics and δ13C values are typical of a C4 species of the NADP‐malic enzyme malate‐forming group. These traits were expressed independent of the plant growth altitude up to 4000 m. C4 type δ13C values were obtained in 14 of the Salsola species.Anatomical, structural, and biochemical features typical of the C4 syndrome were absent in S. oreophila and S. arbusculiformis. Four Salsola species, including these two, had C3‐type δ13C values. Their cylindrical leaves in cross section exhibited two to three peripheral rings as layers of palisade parenchyma. Although their vascular bundles were surrounded by green bundle sheath cells, their organelle numbers were comparable to those in mesophyll cells. Neither bundle sheath cell wall thickenings nor dimorphic chloroplasts in two leaf cell types were observed. In S. oreophila, there was a high activity of RuBP carboxylase, but a low activity of C4 cycle enzymes. Interpretation of these data lends evidence to the hypothesis that a small group of C3 Salsola species, including S. oreophila, S. arbusculiformis, S. montana, and S. pachyphylla, arose as the result of a reversion of a C4 to a C3 type of photosynthetic CO2 fixation in the cooler climates of Middle Asia.