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By Dr.

Die drahtlose Telegraphie im internen Recht und Völkerrecht.

F. Meili, Professor of Private International Law at the University of Zurich. Orell Füssli, Zurich, 1908. pp. 100.

Professor Meili is one of the few contemporary continental internationalists whose writings are familiar also to readers of English. His work on International Civil and Commercial Law has appeared in this country in English form (1905) and he is also known to us through his address on the Hague conferences on private international law delivered at the Universal Congress of Lawyers and Jurists held at St. Louis in 1904.

Dr. Meili admits a predilection for the discussion of the legal problems which modern science has presented in creating new means of transportation and intercommunication. This is all to his credit and is in line with a deeply rooted conviction, noticeable throughout all of the writings of this Swiss authority, that the science of jurisprudence should keep abreast of the progress of the world. As far back as 1871, when telegraphy was yet young, he undertook a scientific investigation of its legal problems. A monograph upon the law of the telephone issued from his pen when the telephone began to be used commercially. His work on the codification of the law relating to automobiles was reviewed in the AMERICAN JOURNAL OF INTERNATIONAL Law for April, 1907 (p. 554).

His avowed purpose in these treatises is not to digest the substantive law already existing relating to the subjects in hand, for obviously there can be no exhaustive body of law, written or customary, in any country, applicable to legal relations arising from the operation of these modern agencies of commerce. His aim has been rather to analyze and define the juridicial nature of these new agencies and, in this light, to subject the statutory or conventional law already existing on the subject to fair criticism, as a basis for remedying defects and supplying hiatus through deliberate legislation.

This object he has well carried out in the present short treatise relating to “ wireless ” telegraphy, and it is with this in mind that the author discusses the questions, never before so important, of the nature and extent of sovereignty over the air abutting in a vertical plain over the open sea and over the territory of states.

The treatment of the subject is divided into two parts, the first of which deals with the significance of wireless telegraphy from the point of view of the internal law of states; and the second, which is the more important, with its significance in the development of international law. Under the latter head he discusses the contraband nature of wireless messages in time of war, the right of neutrals to maintain wireless telegraphic communication over their territory or upon the high sea, and their duty toward belligerents to suspend or interrupt such communications in a proper case.

In speaking for a classification of lines in respect of their neutral or hostile character, he is in accord with another recent writer on this branch of the subject (Scholz, Drahtlose Telegraphie und Neutralität).

The author discusses the two proposed conventions worked out at the Hague conference of 1907 (1) concerning the rights and duties of powers and persons in case of land warfare and (2) concerning the rights and duties of neutral powers in case of maritime warfare. In both of these conventions reference is expressly made to wireless telegraphy, or to use the phrase which will probably be its official designation hereafter, radiotelegraphy.

The author treats also of the international radiotelegraphic convention and the "engagement additionnelentered into at the Berlin conference of 1906, fixing the international operation of the system in times of peace and constituting a union analogous to that already existing as to posts and telegraphs. To both of these the United States Government is a party, though ratifications have not yet been exchanged. The conventions, which are published in full in the Appendix, are to go into operation on the 1st of July next.

The closing remark of the author is sufficiently suggestive to warrant translation and quotation (p. 77):

The great works of technical discoveries exert an immense influence upon life in the modern world.

This fact should constitute a special incentive to the science of jurisprudence to devote attention to modern law equal to that which it devotes to ancient law, particularly to develop the law of intercommunication as a special branch.

The agencies of universal intercommunication are, in my opinion, heralds of a universal law, which, in the march of history, will undoubtedly be developed in certain special branches.

The work of Dr. Meili is a timely discussion upon a timely subject. His views are usually broad and progressive, and his analyses may well be recommended to those interested in the study or development of modern international law based upon deliberate conventional legislation.


Manuel de la Croix-Rouge. By Paul Fauchille, Director of the Revue

Générale de Droit International Public, and Nicolas Politis, Professor of International Law at the University of Poitiers, with preface by Professor Renault. Paris: Société Française d'Imprimerie et de Librairie, pp. 195.

Those interested in the history, progress, and present state of development of the Red Cross movement, particularly as exemplified by the several Red Cross conventions down to and including that of October, 1907, will find much of value in this brochure, entirely up to date as it is.

After the graceful preface by Professor Renault, the work contains a very valuable historical introduction tracing the Red Cross movement from its origin growing out of the brochure of Henri Dunant entitled “Un Souvenir de Solférino " and the consequent Genevese Society, following with a discussion of the several conferences and conventions to the present time.

The book takes up in its first part charitable assistance in continental wars under general international law and the several conventions, considering in detail the condition of sick and wounded, sanitary personnel, ambulances, hospitals and other sanitary establishments, discussing also the effect of the distinctive Red Cross flag and sign.

In its second part, it considers the question of charitable assistance in maritime wars, including the rights of hospital ships, sanitary personnel, obligations toward sick, wounded, and shipwrecked — all this with special reference, as before, to international law and the conventions relating to the subject matter. The annexed documents include all the Red Cross conventions of a general character to date.

Bibliographie du Droit International. Par le Marquis de Olivart, Associ

ate Member of the Institute of International Law. Two volumes. A. Pedone, Paris. 1st volume 1905; 2nd volume 1907.

These two volumes are the beginning of what should prove a valuable addition to the reference library of international law. Necessarily, the editor has omitted some things, and, necessarily, too, there are errors which must exist in any bibliography attempting to cover so long a period of time, and to be so comprehensive in the field chosen by its editor. A glance at the table of contents will show how extensive is the plan of the work. There are four main divisions - public international law, collections and reviews of international law, private and penal international law, and a division devoted to miscellaneous works, both of a legal and nonlegal character. The first and third divisions are naturally the longer, and the first, especially, gives one the idea of being carefully prepared and compiled from very extensive data. If the third volume of this work, already promised, is as comprehensive as the two issued, which cover approximately five thousand titles of books, monographs, magazine articles, etc., it will bring up to date a very useful and convenient index for the student of international law.


Among the books not already noted in the JOURNAL we would call to mind the collection of studies of work done at meetings of the Ecole Libre des Sciences Politiques, entitled Les Questions actuelles de politique étrangère en Europe (Paris: Alcan. 1907). The collaborators are F. Charmes, A. Leroy-Beaulieu, R. Millet, A. Ribot, A. Vandal, R. de Caix, R. Henry, G. Louis-Jaray, R. Pinon, and A. Tardieu.

The new Geneva conventions are discussed by J. Delpech, in his work, La nouvelle convention de Geneve pour l'amélioration du sort des blessés et malades dans les armées en campagne (Paris: Pedone. 1907).

Two interesting Italian works, one on the principle of nationality and one on international legal customs, should be mentioned. La consuetudine giuridica internazionale. Saggio critico, by Arrigo Cavaglieri (Padone: Drucker. 1907); and Verso la politica attuazione del principio di nazionalita, by M. Arduino (Torino: Vassallo. 1907).

Besides the pamphlet on Drahtlose Telegraphie reviewed in this number of the JOURNAL, we would also mention Professor Meili's work, Moderne Staatsverträge über das internationale Konkursrecht (Zürich: Orell Füssli. 1907).

Two works in English that are worthy of notice are C. E. Chadman's A Short Treatise on Public International Law; or the Law of Nations (Chicago: F. J. Drake. 1907); and The Law of Private Property ini War, with a chapter on Conquest, by Norman Bentwich (London: Sweet and Maxwell. 1907).

The JOURNAL desires to acknowledge the receipt of the following publications:

American Law Register, November, 1907.
American Political Science Review, November, 1907.
Canadian Law Review, November, December, 1907.

Harvard Law Review, November, 1907, and January and February, 1908.

Revista de Derecho Internacional y política exterior, Vols. I and II, and Nos. 1, 2, and 3 of Vol. III.

Revista de Derecho y Jurisprudencia, Vol. IV, Nos. 7, 8.
Rivista di Diritto Internazionale, Vol. II, Nos. 4 and 5.
Revue Générale de Droit International Public, October, 1907.

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