Evening star., 1925-04-09
BACKGROUND OF EVENTS
BY PAUL Y. COLLINS.

Upon the heels of last weeks an
nouncement OF the work of the Pan
American Union, through the coop
Grafton Of the American Institute of
International Law, in formulating
certain projects TO be considered by
an international conference of Amer
lean jurists looking to the codifica-
ton Of international law for Ameri-
can republics, there comes from Ge-
neva an announcement that the
League OF Nations commission Of
jarists has taken definite steps to
study projects for the codiffcation OF
International law for the world.
1t Is recognized that TO agree upon
laws governing the sovereign ma
tions Of the Old World, with all the
| international feuds and hatreds and
historic crimes between nations, is a
| far moro difficult problem than that
| of formulating, in times of peace and
cordial relations, rules of action for
| the 81 republics of the Western Hem
| isphere.
The commission appointed by the
League of Nations is headed by
| George w. wickersham, former At
| torney General of the United States.
The idea of codifying international
laws was first adopted during the
Civil War when President Lincoln
employed DR.. Francis Lieber, pro-
fessor at Columbia College. to codify
| the laws and customs for the govern
ment of armies. The Lieber codffi-
cation was used by the Federal Army,
and by the Prussian Army in the
Franco -Prussian War. Their success
| inspired Bluntschli, professor Of in
| ternational law in the University of
Heidelberg, to undertake. in 1858, the
| broader enterprise Of codifying all
| international 1aws-the first in his
| tory.
| The Bluntschli codiflcation is still
recognized as of monumental impor-
tance. Codiflcation does not create
! law; It simply collates it and restates
| II in crystallized form, after which 1t
must be confirmed by legislative or
treaty-making authority. New laws
passed subsequent to codification
soon modify or possibly nullffy the
| force of the codifying until the work
| is brought up to date, and 1t is that
| which now necessitates a new codl-
| fication. New conditions not only
| bring new duties, but new laws or
| the need thereof. Indeed, there are
| few flags which foated In 1858 which
| one can still see without radical
| changes in their pattern. The United
| States flag is the oldest unchanged
| banner in the world.
International relations have been
| revolutionized since 1858. Transpor-
tation, the channels and practices of
commerce, the ideals of freedom, the
upsetting of the balance of power,
| the interrelation Of finance and the
| shifting of both political and eco
| nomic Influences, make this a new
world, yet international law has not
| been clearly interpreted to TT the
| changes. Pan-America Is leading in
| initiative to modernize the interrela-
tions of this great family OF 81 re-
publics. Can Europe follow such an
example in devising laws to maintain
peace?
dents following the World war was
that Of the visit of Marshal Foch TO
the Pan-American Union headQuar-
tiers, when, after gazing In silence
upon the council table Of the union,
| the great victor Of the great war
sadly remarked: IF Europe had had
| such a council table there would have
| been no World War"
The radical difference between the
effort now of Pan-America through
| the American International Insti-
tute's projects and that Of the pro-
| posed protocol submitted by the
| League of Nations and refused by
Great Britain Is that the former plan
| depends upon the force of law to
| bring all needed coercion, while the
! leagues protocol frankly depended
upon arms against any recalcitrant
| or "aggressor'' nation. The query to-
| day is as to how the proposed codi-
| fyine commission Of jurists will so
| change the spirit which inspired the
1 rejected protocol as to meet with
| favor In the council Of the league
| and also in the councils Of the mill
| taristic nations of Europe.
| Our distinguished jurist- and states
| man, Elihu Root, said in his speech