New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1920-03-21
NR. COLEMAN PHILL1psoN,
lA/ In consultation with the
~ original author, has revised

IN - 4 n,
N/ in consultation with the
Nv original author, has revised
and enlarged In fifth edi-
ten the work on international law
which was first presented to the public
IN 1899 by the present Lord Chancellor
OF England, Sir Frederick Smith, then
ayounE barrister waiting for briefs,
as the expression is in England. Apart
from Improvement through revision,
the youth Of the author at the time of
it's first writing should not prejudice
lay readers against this book, for many
OF the best legal treatises were written
at this period in the lives of men who
afterward became distinguished.
Persons in America who have heard
of Sir Frederick Smith merely as Wig
orous and remorse1ess "Galloper"
Smith in Irish prosecutions and as a
rather Incorporate and too plainly
spoken propaganda In America will
be interested to learn that in his early
career he showed so marked DISPOSE
ton for scholarly research and disin-
terested writing. 1t is true that the in
PRODUCTION to his book is in the main a
vigorous and distinctly political" plea
for the imposition Of drastically severe
peace conditions and broad assurance
that international law fully authorizes
such action. This introduction, written
under extenuating circumstances only
a month before the armistice, when the
writer was Attorney General, is no in
dication Of the temper Of the book
itself.
The style of the book is simple and
readable, the method Of treatment his
torical, supported by an apparently ade-
quate and disinterested scholarship,
and the material is well arranged,
whether from the standpoint of one
who wishes to read the book through
or one who wishes to look up particu-
lar subject.
Recognizing that international law
apart from resort to wary lacks the
sanction Of physical force, which is an
essential characteristic of law as the
term is ordinarily used, the author has
based this book almost entirely upon
the history of diplomatic negotiations
and the actual practice of nations, so
that one need not feel that the rules
laid down are merely the views of the
writer, reproach often directed with
justice against textbooks on this sub
iect. At the same time and without
apparent cynicism the author states
that respect for irksome international
obligations has been commonly coinci-
dent with the lack Of material strength
to eyade them" The factors making
for the recognition and observance of
international law (without considering
a league of nations) are stated as fol-
lows:
"G) A regard-which in a moral
community fiickers but seldom entirely
dies-for national reputation as affect
ed by international public opinion.
"(2) An unwillingness to incur the
risk of war for any but paramount
national interest
"(3) The realization by each ma
ton that the convenience Of settled
rules IS cheaply purchased in the ma
jority Of cases by the habit of individ-
ual compliance"
As examples Of the interesting ma
terial to be found in this book we may
refer to the passages bearing on the
legality Of Allied intervention in Rus
STA, now apparently abandoned for mill
ltary or economic reasons rather than
consideration for international law,
and to the passages dealing with the
rights Of consuls in connection with
the action of the Department of State
IN the recent Jenkins case, which seems
to have been one Of the important
counts against Mr.. Lansing in the mat
ter of his dismissal
In relation to the claim that inter
vention in Russia was justified by the
duty Of the Allies to enforce the nav
mont Of the Cars debts to their ma
tionals. the following convention.
adopted by The Hague peace confer
ence In 1907 and ratified by Great
Britain in 1909, is interesting:
The contracting powers agree not
70 nave recourse to armed force for
tho recovery Of contract debts claimed
from the government Of one country
oy the government Of another country
as being due to its nationals. This un-
dsrtaking is, however, not applicable
when the debtor state refuses or neg
iects to reply to an offer of arbitration.
or after accepting the offer renders
the settlement Of the compronis im-
possible. or after arbitration fails to
comply with the award"
In connection with the blockade Of
III