Obrázky stránek
PDF
ePub

scientific thought the AMERICAN JOURNAL OF INTERNATIONAL LAW which will, it is hoped, bring home to the English reader, layman or specialist, the theory and practice of international law. The journal is the handmaid of science and its pages will be closed to the language of prejudice and bias.

SOCIETIES OF INTERNATIONAL LAW

The Institut de droit international was organized in September, 1873, at Ghent. M. Rolin-Jaequemyns, a Belgian advocate and scholar, took the lead in effecting the organization, although Dr. Francis Lieber was one of the first to suggest the plan. The membership of the Institut is limited to 120; the members and associates are chosen because of some contribution of value within the field of international law. It is an organization of specialists, and its work has been of a scientific character. It works through permanent committees, which prepare reports for discussion at the annual meetings; through its efforts many unsettled questions have been carefully discussed, and the results of the discussion stated in the form of rules; such rules have in some cases formed the basis of later definite action by international conferences. One of the best known and most important works of the Institut is Les lois de guerre sur terre, agreed upon at the Oxford meeting of 1880. As a body of eminent textwriters and scholars the Institut gives a united expression to the views of the most noted living authorities upon international law. The proceedings of the Institut are published in its Annuaire, of which twenty volumes have appeared to 1904.

The International Law Association was organized in 1873 as the Association for the Reform and Codification of the Law of Nations. It admits to membership all who take an interest in the objects of the Association. From the first its membership has been largely English, although most of its meetings have been held in cities on the continent of Europe. An annual meeting is held, and its proceedings have been published regularly since the first meeting. No other publications are issued. The International Law Association is broader in its foundation than the Institut; its membership is open to others than specialists, and its work, though valuable, is less scientific and less important than that of the Institut.

The following is a list of the principal periodicals devoted wholly or in part to questions of international law:

Revue de droit international et de législation comparée. Established in 1869. 37 volumes issued to end of 1905. Published at Brussels six times a year.

Revue générale de droit international public. Established in 1894 at Paris. Has published twelve volumes to end of 1905. Issued bi-monthly.

Zeitschrift für internationales Privat und "ffentliches Recht. Leipzig, 1890–1905. 15 vols. Six numbers annually.

Rivista de derecho internacional y politica exterior. Established in 1905 at Madrid by the Marquis of Olivart.

Rivista di diritto internazionale. Begun in January, 1906, and issued bi-monthly.

Zeitschrift für Völkerrecht und Bundesstaatrecht. Begun in January, 1906. Six numbers to be issued annually.

Journal de droit international privé et de la jurisprudence comparée. Paris, 18741905. 32 vols. Bi-monthly.

The American Political Science Review, of which the first number appeared in November, 1906, devotes a section to international law.

To this list it is a pleasure to add two journals from a part of the world in which international law was considered to be an exotic until yesterday. Reference is made to the island empire of Japan which is anchored, so to speak, off the coast of Asia just as the United Kingdom of Great Britain and Ireland is moored off the continent of Europe, and teaches the impressive lesson that energy, character and tradition are not without influence in the world's history.

Ingorance of the Japanese language would compel the JOURNAL to pass the Revue de Droit International and the Revue Diplomatique with a brief mention were it not for the courtesy of the learned councilor of the imperial Japanese embassy, M. T. Miyaoka, who contributes the following graceful and apt paragraphs:

As regards the language of those publications, you will observe that they appear solely in the Japanese language. The impression that one or the other of them was published in English or French, probably arose from the fact that the particular copy which was examined happened to contain an international document drafted in French or in English, or some extracts from the works of some eminent American or European jurists were reproduced therein. You may be interested to note that the accompanying copy of the Revue Diplomatique gives as the frontispiece a portrait of Mr. Andrew D. White, whom I had the pleasure of knowing intimately in Berlin when he was the United States Ambassador to Germany. This particular issue besides giving a biographical sketch of the life of that eminent scholar and diplomatist, contains, among other things, some of the protocols of the peace conference at Portsmouth.

Speaking of the frontispiece, I might be permitted to remind you that our books begin where yours end, probably due to the antipodal position which the Orientals and the Occidentals occupy. I trust, however, that the fact that the back of our books corresponds to the front cover of yours, does not in any way alter the truth that there is a common brotherhood in learning and that there is no barrier of states in the intellectual intercourse of man.

In the case of the Revue de Droit International while the real front cover is written entirely in Japanese and there is nothing to indicate therein but that the whole of the

[ocr errors]

publication is in Japanese, the back of the journal is done up like the front cover of a brochure written in French.

The exact dates on which these magazines began to be published cannot be ascertained without writing to Japan but both of them are monthly publications and the dates on which they were entered at the Japanese post office as third class mail matter are given thereon. By computation based on the respective numbers which the accompanying issues bear, we arrive at the conclusion that such dates of the entry at the post office were probably the dates of their first issue. On this assumption I think it is safe to say that the Revue Diplomatique has been published since January 10, 1898, while the Revue de Droit International began to appear from April 30, 1903.

CARLOS CALVO

The death of Carlos Calvo, on May 2, 1906, at Paris, removes from the select and authoritative writers on international law an honored and long familiar figure. Pradier-Fodéré died in 1904 and was like Calvo,

-, although in a lesser degree, connected with South America. The passing of these two writers of the most voluminous and comprehensive treatises on the law of nations leaves a void not likely to be filled for many a day.

Carlos Calvo was born in Argentine in 1824 and was, therefore, at the time of his death eighty-two years of age. His career was long and honorable and for many years he represented his country in Europe, most recently as minister at Paris. By profession a diplomat, it is as a writer on international law that he will be longest remembered. Among his chief works are the following: Derecho International téorico y prático de Europa y América (2 vols., 1868) familiar to the student in the learned author's French version: Le Droit International théorique et practique précédé d'un exposé historique des progrès de la Science du droit des gens (5th ed.,6 vols., 1896); Manuel de Droit International; Recueil Complet des Traités, Conventions, etc., de tous les États de l'Amérique Latine depuis l'Année 1493 jusqu'à Nos Jours (1862-1869); Dictionnaire du Droit international public et privé (2 vols., 1885); Dictionnaire manuel de la Diplomatie et du droit international public et privé (1885).

It is not without interest to note that Calvo began his career as a publicist, in 1862, by a Spanish translation of Wheaton.

The mere enumeration of these works shows the industry and range of the distinguished author, and while it cannot be said that any or all of his works are likely to become classics of the science, they are all sound, solid and learned contributions. Industry was his great gift, and what industry could accomplish, he did. He carefully examined a doctrine in the light of its history and origin; he cited the literature on the subject

[ocr errors]
[ocr errors]

a

and stopped. It was not his to build a permanent structure of his own from the materials amassed by his industry and perseverance. He was a master mechanic; he was neither a thinker nor an artist. He was, however, a learned writer and his works will keep his name green for ILany a day.

The Calvo doctrine, elsewhere described, is likely to prove his most individual contribution to the profession of his choice.

THE ALGECIRAS CONFERENCE

Mr. Lecky declared nationality to be the miracle of the nineteenth century; were he alive he might suggest that the twentieth century opens an era of expansion. But mankind has always lived in an age of expansion. Asia expanded into Europe, that is overran Europe; Europe expanded into America, and it is popularly believed that but for the Monroe doctrine and the danger of its enforcement goodly tracts of America would be under foreign dominion instead of enjoying the blessings of self-government. Be that as it may, Europe is not seeking to colonize the western world—but is expanding at present into Africa.

Great Britain is comfortably seated in Egypt in the somewhat amusing attitude of schoolmaster, and it is safe to say that the Egyptian will have taken many a post-graduate course before England evacuates the valley of the Nile and the highway to India. The European powers have parceled out the choice bits of darker Africa and are introducing civilization at the expense of the native.

France has expanded in the Far East and in various parts of Africa, but devotes herself assiduously to her immediate neighbors as it were. Algiers has long since renounced the way of the Corsair and has settled down into an orderly department of the French republic. Tunis enjoys the luxury of a French protectorate since 1881. A glance at the map will show how advantageous the possession of Morocco would be to France for it would consolidate her African domain giving geographical unity to her colonial empire as well as enabling the republic to share with Spain and Great Britain the entrance to the Mediterranean. Leaving out the question of territorial expansion, which would be in itself determinative, the annexation of Morocco would be of importance to France, for Morocco is a bad neighbor and the lawless land offers at once a basis of operation and an asylum for the disaffected in Algeria. Sedan shifted the balance of power in Europe and France is not free to pursue the conquest or indeed the slower process of absorption of Morocco as she once was before the madness of Louis Napoleon wrecked an empire

that his uncle undermined. Germany claimed an interest in the settlement of Morocco, and refused to allow France a free hand. The relations of the two countries became strained and to prevent possible disagreeable consequences it was finally agreed that the great powers should go into conference on Moroccan affairs. France yielded to Germany and consented to take from the powers what she would have taken alone.

On joint invitation of France and Germany the conference met at Algeciras in Spain on January 16, 1906, to consider a programme arranged in advance and agreed upon by the powers chiefly concerned.

Inasmuch as the United States was a party to the protection convention of 1880 at Madrid (Treaties in Force, 1904, pp. 561-567; and see 2 Moore's Internationa ILaw Digest, 748–751), an invitation was extended to this conference, and the United States was represented at Algeciras by Mr. Henry White, ambassador to Italy (recently designated as ambassador to France), and Mr. Samuel R. Gummere, American minister to Morocco.

American interests in Morocco are not extensive, platonic rather than business like, but the United States was interested in the conference, namely, that an agreement should be reached by the powers; that in such agreement the open door policy should prevail and that religious and racial intolerance should find no place. It is perhaps not wide of the truth to say that the American representative played the modest but not unimportant role of the fly-wheel.

After a session of three months an agreement was reached April 7, 1906.

The two questions of supreme importance before the convention were police organization and financial reform. France and Germany compromised their differences on the question of police regulation, by the terms of which France and Spain are entrusted for a period of five years with the maintenance of order in Moroccan ports.

For the regulation of financial reform, it was agreed that the bank of Morocco be established at Tangier under international control and supervision; that France have three shares and that each of the signatory powers have a single share; and that the bank itself be supervised by four censors, appointed respectively by the banks of France, Germany, Great Britain and Spain.

Before the agreement to a conference a feeling prevailed quite generally that France was being crowded by Germany and it was known that the policy of France had the approval of Great Britain. (Declaration Respecting Egypt and Morocco, between Great Britain and France, signed April 8, 1904.) It was a foregone conclusion that the Franco

« PředchozíPokračovat »