president or in his absence by the other commanding officer. Neither power could take independent action except in circumstances not admitting delay. Military force was not to be used except when indispensable, and troops which were landed must be withdrawn on order of the Commission. The Commission had no powers except those expressly delegated to it, namely to maintain order in parts of the islands where French and British subjects were settled, and protect life and property. The plan worked indifferently well.

When, in 1904, France and England were clearing up their difficulties by a series of treaties, they attempted a permanent arrangement for the New Hebrides. It was found, however, that neither was willing to relinquish its claims, and that a geographical division of the islands was particularly difficult on account of conflicting and commingling interests. The best that could be done at the time was agreement on a declaration signed at London on April 8, 1904,1 which contained the following paragraphs:

The two Governments agree to draw up in concert an Arrangement which, without involving any modification of the political status quo, shall put an end to the difficulties arising from the absence of jurisdiction over the natives of the New Hebrides.

They agree to appoint a Commission to settle the disputes of their respective nationals in the said islands with regard to landed property. The competency of this Commission and its rules of procedure shall form the subject of a preliminary Agreement between the two Governments.

In accordance with the above a conference was held in London in February, 1906, and a draft convention prepared. It was signed on October 20, 1906, ratified on January 9, 1907, and proclaimed at Vila, the chief town of the New Hebrides, on December 2, 19c7. The preamble states that the two Powers are desirous of modifying the convention of November 16, 1887, in order to secure the exercise of their "paramount rights" and to assure the better protection of life and property. That convention, however, remains in force 'British and Foreign State Papers, 97: 53-55

Ibid., 99: 229-252.

except where expressly modified and the Joint Naval Commission is directed to coöperate with the new government. The islands are to "form a region of joint influence" in which French and British subjects have equal rights, their nationality and that of other residents being respected. A seat of government is set up at Vila in buildings erected jointly by the two states. A French and a British High Commissioner, assisted by two Resident Commissioners, and each appointed by his own state, exercise in concert the executive power, including the issuance of local regulations. There is a police force divided into two sections, each under the control of a Resident Commissioner. All public services, such as police, post, telegraph, public health, are undertaken in common. Special New Hebrides postage stamps are issued, but either French or British money is legal tender. The High Commissioners have authority over the native chiefs, and no native may become a French or British subject. A Joint Court of three judges, with a Registrar and a Public Prosecutor, is established. Each government appoints one judge and the King of Spain the third. Except where otherwise provided in the convention the law applicable in the courts is the law of France or Great Britain and subjects of other states must choose between these two legal systems. Both the French and English languages are used. French and British national courts are also established. The treaty lays down special rules respecting land suits between natives and non-natives and between two non-natives, provides for registration of land, supervision of shipping, use of native labor, prohibits the sale or supply of arms, ammunition, and liquors to the natives, and regu lates the establishment of municipalities and their administration.

PROPOSED MANDATE-SPITZBERGEN

Until February 9, 1920, the Spitzbergen Islands, about 50,000 square miles in area, and situated between North Greenland and Franz Josef Land, occupied a unique political position. They were the only territory over which sovereignty had not been asserted. Discovered more than two centuries ago, and frequently visited, they had on account of their barrenness and the intense cold been

disregarded and allowed to remain as terra nullius, a no-man's-land. Their status had been the subject of negotiation between European states since their discovery, but not until 1900, when it was found that the coal deposits known to be there were of commercial value, did the matter become important. An American company found it profitable to work the veins, thus attracting citizens of other countries to a like venture. A considerable heterogeneous population thus gathered, all owing allegiance to their home states, and being bound by no local government. No state felt free at so late a date and with so patent a motive to claim sovereignty; yet some understanding was necessary in order that the rights of the various nationals might be protected. It was therefore agreed, after some diplomatic exchanges, to hold a conference of the powers interested to fix the status of the islands. The task of preparing a draft convention was delegated to Norway, Sweden, and Russia whose representatives met for this purpose at Christiania from July 19 to August 11, 1910. Their proposals after criticism and modification by other powers were put into form in 1912 and adopted as a formal recommendation. A diplomatic conference of all the interested powers met at Christiania on June 16, 1914, to consider this draft convention, but the outbreak of the European war prevented them from reaching any conclusions. Thus Spitzbergen remained unclaimed, neither independent nor possessed by any state, terra nullius still. What interests us at this time is the plan of government which the draft convention proposed. The status of the islands was not to be changed but they were to be administered by an international commission of three of which one member each was to be appointed for six years by Norway, Sweden, and Russia. Their mandate could be renewed. The presidency was to be held in rotation by each commissioner for one year, and the commission would sit in the state of the president. Unanimity was required except when sitting as a court of appeal. The commission was to publish a Bulletin in French containing regulations as well as unofficial material. The commission was to have power to make rules and regulations and Revue Générale du Droit International Public, 20:277-297.

to act as a court of appeal from lower courts. The parties to the convention agreed to establish courts with civil and criminal jurisdiction over their own citizens. In disputes between subjects of two states the case would be tried in the court of the defendant. For specified cases, justices' courts were to be established as local international courts. The law to be applied was international private law, and the principles of justice and equity. A police force international in personnel was to keep order under a commissioner of police appointed by the commission from the nationality having most inhabitants in Spitzbergen. The treaty made regulations concerning property, labor, game, fish, and finance.

The whole situation has now been changed by a treaty signed in London, February 9, 1920, by the United States, Great Britain, Denmark, France, Italy, Japan, Norway, the Netherlands, and Sweden, which placed the islands under the sovereignty of Norway.

INTERNATIONAL RIVERS

With the exception of the open sea, and the former German colonies which have been put under the administration of Mandatories, all parts of the earth's surface belong to some state recognized in international law. Rivers which are wholly within a state belong to that state. If they form the boundary between two states then they belong to the riparian states, each owning to the centre of the main channel. This rule is sometimes modified by treaty, as in the case of the San Juan River, which separates Nicaragua from Costa Rica. In this case the sovereignty of the river, according to the Cañas-Jerez treaty of April 15, 1858, is possessed by Nicaragua. If a river in its course either traverses or divides a number of different states, then the ownership is divided among them. Thus the upper reaches of a river may belong wholly to one state; the middle portions partly to one and partly to others, according to the number of the riparian states; and the mouth wholly to one state. If the river is not navigable from the sea, this division of ownership has few consequences. If, however, it either passes through several states or separates them, and is at the same

time navigable from the sea, very important rights of communication are involved. Such rivers have been called international rivers, not only because of their importance to the riparian states, but because all states having sea-going commerce are interested in them. Whether or not there is a rule of international law, as some authorities assert, that navigation on international rivers is open to all states which conform to local regulations, it is certain that such a privilege has repeatedly been recognized by treaty. The latest example is in the Treaty of Versailles, 1919, which in Articles 327-364, binds Germany to give to the Allied and Associated Powers equality of treatment in the use of her inland rivers and canals, and in Article 331, specifically declares to be international rivers the navigable portions of the Elbe, Oder,1 Nieman, and Danube rivers, and their tributaries. It is evident that the condition of international rivers as to depth, dangerous obstacles, lighthouses, etc., and the regulations for their use laid down by the riparian states are of vital interest to all ships which navigate those rivers. The privilege or right of navigation may be practically nullified by neglect of the physical condition of the rivers or by rigorous, expensive, and vexatious regulations at various stages of the river's course. Hence arises the need either for coöperation in administration or supervision by organs created jointly by the riparian states or by them and interested non-riparian states. Such commissions to deal with European rivers have been numerous, and the activities of several were interrupted by the European war. New provision is therefore made in the peace treaties, placing the old ones that are retained and the new ones created under the supervision of the League. This supervision is to be exercised by a special tribunal appointed by the Council, and it will serve as a court of appeal to which any riparian state or any state represented on an international river commission may apply. We shall therefore have as an administrative organization for the administration of international rivers whose sovereignty rests in national states, first, the League itself; second, the tribunal appointed by the Council; third,

'The navigable portions of the Oder lie wholly within the dominion of Germany.