Evening star., 1932-02-15
OPINION DIFFERS
ON STATE Of WAR
League Commissions Report
on Far East Divides
Authorities.
By the Associated Press.

BY the Associated Press.
Are China and Japan now actually
at war?
The question, causing great discus
sion among authorities on international
law. finds conflicting answers.
The League of Nations Shanghai
Commission reported to the League
Council in Geneva that "a state of open
war exists" at Shanghai.
Quincy Wright, professor of inter-
national law at the University of Chi
cago said in an address: Japan and
China are not at war, because neither
has expressed an intention to make
war. However, if hostilities reach suf-
flcient magnitude, it would doubtless
be in the competence of third states
to regard war as existing
Popular and legal definitions Of war
vary greatly and have changed and
developed with international practice
through the centuries.
Several Kinds of War.
In fact there are several kinds of
wars and the definitions of these also
eary. A perfect" war is when the
A3ruggle exists between whole states. An
>imperfect' war is one which is linn
ted as to places, persons and things.
.tnd a solemn war is one begun b.
formal declaration If the struggle at
Shanghai is a war in the legal sense it
certainly is not a solemn" war, or a
perfect war. At most it is an i'm
perfect war,
Declared and open hoStilities' is one
,,I the definitions Websters Dictionary
gives for war. Another it gives is the
state or fact of existing violence or
force against another, not only against
state or other politically organized
body" Under the second definition.
which is in no sense legal, the Shang-
nai fighting is war.
According to Cooley an outstanding
authority on international law, war is
said to be that state in which nation
prosecutes its right by force
Another sort of war recognized by
legal authorities is quasi" war. This
type of war existed between France
and the United States in 1899. The
United States did not declare war on
France. but American and French
frigates made captures and finally eX-
changed prisoners.
Declaration Unlikely.
In the Boxer Rebellion of 1900 many
foreign nations sent troops against
China to protect their citizens and prop
erty and there was concerted military
movement of these forces for the relief
of Pieping. where the foreign colonies
were under siege for 70 days. War was
not declared by any of the foreign
powers but the fighting was followed
by treaty, exactly as if there had
been war. End China was forced to pay
heavy indemnities for the losses suf-
fered by foreigners.
As China and Japan are both men,
bers Of the League CT Nations and de-
sired to comply with the covenant of
the League. or at least to appear to
comply with it, there seems little like
lihood that either will formally declare
war even if the struggle at Shanghai
becomes a major military clash. Both
rest on the claim they are merely fight
ing to protect treaty rights.
A declaration of war by Japan in
connection with the Shanghai trouble
might result in even more serious COM
plications with other nations interested
in the foreign concessions at Shanghai
A blockade of a port like Shanghai,
jointly controlled by several nations.
would offer endless possibilities for in
ternational disputes