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which deals with the transformation of international law, draws attention to the gaps which still exist in it. The movement for codification does not meet with the author's approval; there is not yet a sufficient condition of stability in many parts to warrant the attempt at a general codification. The author is, however, favourable to a movement towards partial codification of certain topics which he indicates.

As regards the future universality of international law, the author points out the difficulties in the way by reason of the profound differences of outlook of peoples in the East and West. He instances the refusal of Japan to accept the conditions of labour proposed by the Labour Conference, and the request by the same Power for a declaration in the Covenant of the League of Nations of the equality of all races. Even amongst the Powers of Christian civilisation there are important divergences of view on many important matters, and the great problem of the future is their co-ordination. It is suggested that each State should clearly enunciate the rules which it considers are of international obligation, so that by a series of compromises and conciliation a veritable universal law of nations may emerge. The work of an international tribunal, as tending towards the end of universality, is only discussed in this part historically; we await the second part of this volume for M. Fauchille's views on the Permanent Court of International Justice. Another topic in the same line of thought is the development of the idea of an international organisation, and we have a sketch of the growth of the doctrine of the balance of power and the Concert of Europe, while, as regards the New World, there is a sketch of the influence of the Monroe Doctrine and the growth of PanAmericanism. This leads up to an examination of the Covenant of the League of Nations. On this subject the author notes the importance of the default of the United States to ratify the Treaty of Versailles, and the absence of this great Power from membership of the League. So long as the League fails to be world-embracing there is the probability of the continuance of a system of balance of power.

On a question of deep importance to British students of international law, namely, the international status of the British Dominions, M. Fauchille concludes that it appears henceforth to be difficult to doubt that they are to rank as international persons."



Another development which is dealt with in this book is that of the recognition of a nation as a preliminary to its recognition as a State, a novel situation arising out of the late war. Special recognition was given to the councils of the CzechoSlavs, the Poles and the Jugo-Slavs. Such recognition could, however, have no effect as regards the parent States. There is an interesting sketch of the Zionist movement preceding the recognition of the claims of the Jews to a "homeland" in Palestine. It is not without importance to note that a modified admission of a similar character was made by the Central Powers. Whilst on the subject of recognition reference may be made to the moot point as to whether admission to the League of Nations of a State entails its recognition as a State de facto by all the other members of the League; this is answered by M. Fauchille in the affirmative.

One of the most important and lengthy chapters is that dealing with intervention and the Monroe and Drago Doctrines,1 which contains some 120 pages. It is also, perhaps, the chapter which will call forth the greatest differences of opinion. The whole subject of intervention, of which an historical sketch appeared in last year's number of this Year Book,2 is so closely connected with questions of policy that it is not easy to lay down principles of a legal character applicable to it. As regards the history of the Monroe Doctrine, various examples are given of the way in which in the nineteenth century it was used to further a policy of hegemony and imperialism by the United States, especially in Central America, and also of economic imperialism in both Central and South America. The whole chapter is, in fact, more political than legal in character, as is not unnatural in the discussion of such topics as those with which it deals. There is, perhaps, a tendency throughout the whole book to include political considerations more than is usual in English works on international law.

Attention is drawn to the numerous restrictions on sovereignty by the Peace Treaties of 1919, and M. Fauchille does not abandon the doctrine of international servitudes, notwithstanding the dictum of the arbitrators in the North Atlantic Fisheries Case and the more emphatic pronouncement by the commission of jurists appointed to examine the Aaland Islands question.

1 Livre I, chap. viii.

2 1922-23, p. 130.

The chapter dealing with individual liberty, protection and inviolability of human beings indicates another important development in the law of nations, and though the forms of expression may sometimes be alien to English juristic thought, the material contained therein is of great value. The international legislation regarding slavery, both black and white, the treatment of coolies, protection of women and children, trade in arms and spirits, morphine, opium and other drugs is set forth, and the efforts of the League of Nations with respect to many of these matters are given, as well as an account of the various technical organs of the League for the protection of humanity. A full account of the provisions for the protection of minorities in recent treaties is followed by the resolutions of the Assembly of the League which emphasise the duties of minorities, which had been neglected in the treaties. The chapter concludes with an account of the work which has been done for the protection of animals by international effort.

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Another topic which is of timely interest relates to the question of emigration. In this connection M. Fauchille deals with various important problems which have been raised by the Bolshevist régime in Russia, especially in regard to the large number of Russians who have fled to different countries. Closely connected with emigration are the questions relating to immigration, and the rights and duties of States to foreigners, which are dealt with in a later chapter.2 Nearly 100 pages are devoted to this important subject, and detailed information as to the immigration laws in force in different countries is given. The volume ends with a chapter of 100 pages on extradition.

We have by no means exhausted the contents of this book, which is impressed with the author's personality throughout. It is one which English students of international law and politics must take into account. The late Mr. Hall drew attention to the influence of continental jurists as reflecting and guiding the drift of public opinion, and a book such as this, in which the author's views are set forth with so much learning and argued with so much skill, enables readers to understand the French point of view on matters in which the English standpoint is not always the same. The study and development of international law are entering on a new era, and the economic factors 2 Ibid., chap. v.

1 Livre III, chap. i.

in framing the new law of nations cannot be ignored; they are duly noted in the work under examination. There is a striking sense of the realities of international legal ideas prevalent throughout the whole work, and modern problems are faced and discussed in a manner which, if it does not always command assent, demands respectful consideration.




Ir is gratifying to see the so-called Permanent International Arbitration Tribunal at The Hague resuming its activities with the return of peace. Recent recourse to its machinery and processes by the Governments of the United States and Norway for the settlement of a controversy growing out of the events of the late war shows that it has not been entirely forgotten. The controversy, which was disposed of by an award rendered on October 13, 1922,1 was raised by the action of the United States Shipping Board Emergency Fleet in requisitioning and taking possession in August 1917 of certain ships completed or under construction in American shipbuilding plants, including materials and contracts, which were the property of Norwegian nationals. The Act of Congress under which the requisitions were made provided that “just compensation" should be paid for the requisitions made in pursuance thereof. The Shipping Board reached agreements regarding the amount of compensation to be paid with all the claimants except fifteen (the Christiania group) who demanded a sum which without interest amounted to $13,223,185. About two and a half million dollars had been paid by the claimants to the shipbuilders at different times as the work of construction progressed. The United States was entirely willing to pay the claimants this amount and in addition a sum sufficient to cover the value of the materials in the plants, as represented by the contracts. This total amount was estimated by the United States to be $2,679,220.

No agreement being reached with the claimants, there remained recourse to arbitration. As both Governments were parties to the Hague Convention for the Pacific Settlement of International Disputes and also to an Arbitration Convention signed on April 4, 1908, neither could very well decline the offer of the other to arbitrate the controversy. Accordingly, by a special agreement of June 30, 1921, it was agreed to refer the matter to a Tribunal of three arbitrators, constituted in accordance with the Hague Convention. Each party was to choose an arbitrator and the third was to be designated by the President of the Swiss Confederation. It is hardly necessary to add that each Government selected one of its own nationals as arbitrator and that the President of the Swiss Confederation designated a Swiss national as the third member of the Tribunal.

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The special agreement charged the Tribunal with examining and deciding the claims submitted to it " in accordance with the principles of law and equity and to determine what sum, if any, should be paid in settlement thereof. In connection with the application of the rule thus imposed on the Tribunal there 1 Text of the Award in the American Journal of International Law, April 1923, pp. 362 et seq.

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