« PředchozíPokračovat »
creed or nationality. The author is not sufficiently careful to distinguish such provisions adopted for the benefit of the natives from other provisions, such as those forbidding commercial monopolies in Central Africa and providing for freedom of trade and transit, which were adopted for the benefit of citizens of the signatory powers. The special provisions adopted for the suppression of the slave trade form a class by themselves. The doctrine of “intervention for humanity” is discussed by the author in a separate chapter, but it would seem to have no direct bearing upon the subject, since the protection of aborigines does not appear in any of the cases cited to have been the motive which induced the guardian state to assume sovereignty over the territory. The instance of Cuba scarcely seems in point, while the admirable provisions of the Philippine Government Acts of 1902 and 1916 had no part in the causes of the intervention.
In addition to the limited provisions of international law there is the large body of legislative provisions adopted by the voluntary action of the several states in possession of territories occupied by aborigines. These provisions of national public law as distinct from international law are discussed in detail by the author, beginning with the treaties entered into by the United States with the Indian tribes which have been treated as “domestic dependent nations" and as “wards of the nation.” The provisions of the Philippine Government Act of 1902 established a form of government designed not for the satisfaction of the United States but “for the happiness, peace and prosperity of the people of the Philippine Islands." The volume goes on to review British, French, German, and other foreign legislation with respect to the administration of colonies and their aboriginal inhabitants.
Mr. Snow's volume collects together much valuable material not otherwise readily accessible. Apart from possible defects of arrangement it is a thorough and careful study of a subject which must form an important problem of international law for some time to come. One can only speculate how far the American delegates were influenced by its pages in laying down the provisions of Article XXII of the Covenant of the League of Nations. Whether or not the mandates under the League shall prove to have been administered in the spirit of these provisions, it would seem that the author is fairly justified in asserting that the conscientiousness and zeal with which the United States has fulfilled its duty of tutorship in the case of the Philippine Islands entitle it "to take the lead in any future development of the law of nations in this respect.”
C. G. FENWICK.
A History of Sea Power. By William Oliver Stevens and Allan Westcott.
New York: George H. Doran and Company, 1920, pp. xi+458.
This is a comparatively brief and concise work upon the influence of sea power from the earliest days until the present time. It serves a need as a text book upon the subject for the Naval Academy as well as presenting to the general reader and to the student of naval history a most excellent and consecutive work upon the subject.
Although a reference and discussion of the Maritime Codes of the Mediterranean and North Seas would be of interest to a reader upon the subject, it is not strictly germane to the purpose of the book except as regulators of the sea strength which is an element in the development of the sea power of the nations of the world. In fact the authors touch but lightly upon the regulation of the sea power by maritime or international law in peace time and war.
As to the partition of the high seas made by the Pope of Rome directly after the return of Columbus, it does make mention as an event allied both to naval history and to the freedom of the seas by an assumption of territorial jurisdiction which even there was recognized as unjustifiable. In reference to this the authors say:
A Papal bull of May 4, 1493 conferred upon Spain title to all lands discovered or yet to be discovered in the Western Ocean. Another on the day following divided the claims of Spain and Portugal by a line running North and South “100 leagues west of the Azores and the Cape Verde Islands” (an obscure statement in view of the fact that the Cape Verdes lie considerably to the westward of the other group) and granted to Spain a monopoly of commerce in the waters west and south (again an obscure phrase) of this line, so that no other nation could trade without license from the power in control. This was the extraordinary Papal decree dividing the waters of the world. Small wonder that the French King, Francis I, remarked that he refused to recognize the title of the claimants till they could produce the will of Father Adam, making them universal heirs; or that Elizabeth, when a century later England became interested in world trade, disputed a division contrary not only to common sense and treaties but to "the law of nations."
An interesting reference is made to the Sea Beggars of Holland and the North acting under letters of marque first issued by Louis of Nassau, brother of William of Orange. It was no uncommon practice for them to go over the rail of a merchant ship with pick and axe and kill every Spaniard on board. In 1569, William of Orange, however, appointed Seigneur de Lambres as admiral of this fleet and issued strict instructions to him to secure better order, avoid attacks on vessels of friendly and neutral states, enforce the articles of war, and carry a preacher on each ship.
During the Napoleonic War in December, 1800, the convention forming the Armed Neutrality of 1800 came into being, composed of Russia, Prussia, Sweden and Denmark, who pledged themselves to resist infringements of neutral rights, whether by extension of contraband lists, seizure of enemy goods under neutral flags, search of vessels declared innocent by their naval convoy, and by other methods not unfamiliar in our own times.
In 1807, as a consequence of the Treaty of Tilsit, France was at liberty to take possession of the Danish fleet, then of considerable size, and use it against England. As a result and as a matter of self preservation, the attack upon the fleet and batteries of Copenhagen followed, the description of this engagement by the English fleet under Hyde Parker, of which fleet Nelson was the soul, being given fully. As to the international law of the matter, Dr. Stowell in his recent work upon Intervention, tersely and wisely says in his belief that any intelligent government would disregard the neutrality of a power too weak to prevent itself from becoming an involuntary instrument for the carrying out of the enemy's designs."
There are interesting references to the large re-export trade of the United States from the West Indies, only exceeded in 1915, to the revival of the doctrine of continuous voyages in the civil war and world war and a chapter on the commerce warfare of the world war, which brings the book up to date both in time and maritime warfare. The book is well and accurately written and of great interest to students in naval warfare and naval history.
CHARLES H. STOCKTON!
PERIODICAL LITERATURE ON INTERNATIONAL LAW
Abbreviations: American Bar Association Journal (Amer. Bar. Ass. J.); Amer. ican Law Review (Amer. L. R.); American Political Science Review (Amer. Pol. Sc. R.); Archiv des öffentlichen Rechts (Arch d. öffentl. Rechts); Canadian Law Times (Can. L. T.); Harvard Law Review (Harvard L. R. ); Hispanic American Historical Review (Hispanic Amer. Hist. R.); North American Review (N. Amer. R.); Revue de Droit International et de Legislation Comparée (R. Dr. Inter. et Legis. Comp.); Revue Générale de Droit International Public (R. Gen. de Dr. Inter. Public); University of Pennsylvania Law Review (Pa. U. L. R.); Yale Law Journal (Yale L. J.).
Aaland Islands. La Question des Iles d'Aland. Fernand de Visscher. R. Dr. Inter
et Legis. Comp., 1921. Srd series. 2:35, 243.
Stinson. Amer. L. R., Nov.-Dec., 1921. 55:877.
Sept., 1921. 214:306.
Sherman Miles. N. Amer. R. Nov., 1921. 214:577.
Sea Power and Disarmament. A. W. Hinds. N. Amer. R. Nov., 1921.
Bartholdy. Arch. d. öffentl. Rechts. 41:87.
214:297. Civil Law Codes' Growth. The Napoleon Centenary's Legal Significance. Charles S.
Lobingier. Amer. L. R. Sept.-Oct., 1921. 55:665; Amer. Bar Ass. J. Aug., 1921.
7:383. Columbia-D enezuela. L'indivisibilité de la Frontière et le Conflit Colombo-Vénézu
élien. A. de Lapradelle et N. Politis. R. Gen. de Dr. Inter. Public. Jan.-Apr.,
Jan.-Apr., 1921. 28:84.
et Legis. Comp. 1921. 3rd series, 2:330.
Vorschriften der gegenwartig gültigen Verfassungen. Dr. Adelheid Meuschel.
* (Limited to articles published in the periodicals exchanged with the AMERICAN JOURNAL OF INTERNATIONAL LAW.)
Institute of Politics. The. Lectures and Conferences. Charles G. Fenwick. Amer.
Pol. Sc. R. Nov., 1921. 15:539. International Court. La Cour de Justice Internationale. Maurice Bourquin. R. Dr.
inter. et Legis. Comp., 1921. Srd series, 2:17. International Law. Admiralty and Maritime Law. John D. Grace. Amer. L. R., Sept.Oct., 1921. 55:641.
Control of American Foreign Relations. J. Whitla Stinson. Can. L. T., Oct., 1921. 41:586.
The Law Relating to the Air. O. M. Biggar. Can. L. T., Nov., 1921. 41:667.
Yale L. J., Nov., 1921. 31:53.
L'Admission des Nouveaux de la Société des Nations. Georges Scelle. R. Gen. de Dr. Int. Public. Jan.-Apr., 1921. 28:122.
Les Débuts de la Société des Nations. Paul Hymans. R. Dr. Inter. et Legis. Comp., 1921. 3rd series 2:5.
De L'Utilite d'une Juridiction spéciale pour le règlement des Litiges intéressant les services de la Société des Nations. P. Grunebaum-Ballin. R. Dr. Inter. et Legis. Comp., 1921. Srd series 2:67.
La Revision du Pacte de la Société des Nations. Henri A. Rolin. R. Dr. Inter. et Legis. Comp., 1921. 3rd series 2:57, 225.
Pan Americanism and the League of Nations. M. de Oliveira Lima. His. panic Amer. Hist. R., May, 1921. 4:239.
Report on the Unification of the Laws of Different countries relating to Bills of Exchange. J. A. Barboza Carneiro. Can. L. T., Oct., 1921. 41:581.
Le Rôle de la Société des Nations en matière de Communication et de Transit. Jean Hostie. R. Dr. Inter. et Legis. Comp., 1921. 3rd series 2:83. Merican Constitution of 1917. Confiscatory Phases. R. B. Gaither. Amer. L. R., JulyAug., 1921. 55:481.
Some Social Aspects of the. N. Andrew N. Cleven. Hispanic Amer. Hist. R., Aug., 1921. 4:474.
The Texas Company's Amparo Case. Edward Schuster. Amer. Bar. Ass. J., Nov., 1921. 7:583.
The Writ of Amparo under Mexican Law. Benito Flores. Amer. Bar. Ass. J., Aug., 1921. 1:388. Monroe Doctrine as a Regional Understanding. Julius Klein. Hispanic Amer. Hist.
R., May, 1921. 4:249. Nationality. La Nationalité d'Après les Traités de Paix qui ont mis fin à la Grande
Guerre de 1914-1918. J. P. Niboyet. R. Dr. Inter, et Legis. Comp., 1921. 3rd
series 2:285. Poland. La restauration de la Pologne et la Diplomatie Europeenne. Joseph Blocis
zewski. R. Gen. de Dr. Inter. Public., Jan.-Apr., 1921. 28:5. Self-Determination. Nationalités et États. Louis Le Fur. R. Dr. Inter, et. Legis.
Comp., 1921. 3rd series 2:193. Versailles Treaty. Sovereign Colonies. T. Baty. Can. L. T., Nov., 1921. 41:677.
Les Traites de paix et les idées courantes en matière d'extradition. Maurice Travers. R. Dr. Inter. et Legis. Comp., 1921. 3rd series 2:125.
The Allied Demand on Holland for the Kaiser. R. Floyd Clarke. Amer. L. R., July-Aug., 1921. 55:558.
HOPE K. THOMPSON.