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Heinrich Lammasch. Seine Aufzeichnungen, sein Wirken und seine Politik.
Edited by Marga Lammasch and Hans Sperl. With contributions by Hermann Bahr, author, Salzburg; Prof. Friedrich Foerster, Berne; Prof. George D. Herron, United States; Marga Lammasch, of the League of Nations Bureau, Geneva; Prof. Otfried Nippold, President of the Supreme Court of Sarrelouis; Prof. Josef Redlich, former minister of finance, Vienna; Prof. Theodor Rittler, Innsbruck; Jonkheer A. F. de SavorninLohman, former minister of the interior, The Hague; President Franz Schumacher, Innsbruck; and Prof. Hans Sperl, Vienna; with a portrait of Heinrich Lammasch. Vienna and Leipzig: Franz Deuticke. 1922. pp. iv, 228.
When Heinrich Lammasch died on January 7, 1920, his native Austria and the world in general lost one of the ablest scholars in the field of international law, one of the firmest believers in the judicial settlement of international disputes and a judge experienced in dealing most impartially with great and important differences between the nations.
The memorial volume on Lammasch which has now appeared is an interesting and valuable collection of appreciative and reminiscent articles by friends of the deceased scholar, dealing with various aspects of his great life work, and of posthumous papers prepared for publication by Lammasch just before his death.
A short foreword by Prof. Sperl of Vienna is followed by a sketch on Heinrich Lammasch as a man, written by his daughter Marga. It depicts him as the reserved, retiring scholar that he was, unusually amiable, mildmannered and unassuming, although an ardent champion of his beliefs, whose critical, sceptical mind was only mellowed by the years. Her close association with and great attachment to the man enable the writer to give us a most intimate picture of her distinguished father's character. This picture is well supplemented by what Hermann Bahr, the Austrian dramatist, says about Lammasch as a lover of real peace, in contradistinction to the faint-hearted pacifist.
These articles are followed by five papers mostly of a general nature from the pen of Lammasch himself. The first one deals with the writer's life during the period from 1899 to 1905 and covers the first Hague Conference of 1899, Lammasch's call to the Austrian House of Lords, and the Venezuela and Mascat arbitrations, in which he played a prominent part. The paper contains very valuable personal reminiscences and incisive character sketches of the leading men of the first Conference. Of the members of the American delegation to this Conference, the writer admires especially Mr. Holls. A second paper on the second Hague Conference of 1907 supplements the author's article on the same subject in Niemeyer's Zeitschrift für internationales Recht, vol. 26, p. 153 ff. and gives an illuminating insight into the Austrian preparations for the Conference and the inside history of the part played by the Austrian delegation during the Conference. Lammasch is frank in his exposition. He does not hesitate to speak of the friction caused in his own delegation by his opposition to the German-Austrian attitude, in particular the spirit of animosity harbored by Count Merey against the United States. He mentions also the unfortunate impression created by the Conference in neglecting to appoint an American as president of one of the commissions and he gives a critical estimate of the personnel of the various delegations. On the whole, he speaks disparagingly of the American delegation, chiding Mr. Choate for his ignorance of French and Mr. Porter because of his alleged incompetency for carrying out his mission in the Conference. But he praises Mr. Hill for his hospitality and says of the technical delegate Dr. Scott: “In many respects, just as in 1899, the soul of the American delegation was that member who had no vote and was not a plenipotentiary, namely Professor James Brown Scott, as in 1899 Mr. Holls; he was just as agile and quicksilverish as the delegation's head, Choate, was cumbersome. Toward the outside, surely, he was the most prominent member."
Another article by Lammasch dealing with the arbitral awards of The Hague gives the historian considerable data, mostly of a personal nature, on the Venezuela, Mascat and Orinoco cases, adding to the material which is already available on the subject. A paper on Archduke Franz Ferdinand discloses the personal relations of Lammasch to the assassinated heir apparent to the throne of the Monarchy, and a final article describes the interesting but fruitless efforts of Lammasch to secure peace through President Wilson in the late winter of 1917–18 by means of conversations with the American publicist George D. Herron, living in self-exile in Geneva. This incident is also treated by Herron himself in an English article.
The five essays of Lammasch are followed by additional papers of friends. Jonkheer A. F. de Savornin-Lohman writes in terms of the highest praise on Lammasch as president of the courts of arbitration in the Mascat and North Atlantic Fisheries cases. Prof. Rittler of Innsbruck deals with Lammasch as a teacher of criminal law, his chosen field, in which he excelled particularly. Otfried Nippold has contributed a lengthy appreciative article on Lammasch as a scholar in international law and an advocate of genuine peace. The last and most tragic part of Lammasch's life, his short incumbency as prime minister of Austria in the critical autumn days of 1918, which presents the pathetic spectacle of Lammasch being entrusted with the destiny of his country after it had gone to ruin precisely because the theories which he had advocated all his life had been ignored, and his short-lived participation in the negotiations at St. Germain as a member of the Austrian peace delegation, is depicted by Prof. Redlich and Franz Schumacher, respectively.
A paper by Prof. Sperl on Lammasch in academic life, reminiscences by Prof. Foerster and a short note by Marga Lammasch on her father's last days conclude the volume.
There is a useful bibliography of Prof. Lammasch's complete works, books as well as articles, covering eight pages. The volume, attractively gotten up and containing a good portrait of Lammasch, is worthy of the memory of the most distinguished Austrian jurist of the present age.
EDWIN H. ZEYDEL.
An Introduction to the Study of International Organization. By Pitman
B. Potter, Ph.D. New York: The Century Company. 1922. p. 647. $4.00.
This contribution to the literature on international law of Professor Potter is most valuable and interesting. There is no subject that has a greater importance in contemporary international relations than the question of international organization. In starting his analysis, the author gives a short but concise review of historical events and of the gradual development of the modern state-system (Part I) and diplomacy (Part II). The student of international relations can get in these chapters a fair idea of the evolution of diplomatic intercourse, of its organization and practice and a well-thought out criticism of the modern system. In Part III and IV the author describes the contemporary treaty system and international arbitration. A slight criticism might be made, however, about Chapter XIII. Good offices and mediation are not very clearly defined, nor distinguished from one another, and thus will be apt to confound any student who is not sufficiently wellequipped in international law. The history of the Hague system and the following Part V (on international administration) are, on the contrary, lucid and very satisfactory, giving a vivid picture of the whole matter.
In Part V Professor Potter endeavors to sketch the history of international conferences, including in his narrative the most recent events concerning the Versailles Treaty and winding it up with a chapter on the problem of peace and its relation to international organization (XXII). These three chapters and the following Part VII (on international federation) are probably the most valuable part of the book. There is much new material in them and many of the questions are discussed in such details as never before. The author does not omit to mention the juristic theories concerning the idea of a possible international federation. Two suggestions, however, occur to the reviewer in this respect: First, that the author did not pay sufficient attention to the recent developments in the British Empire; the history of the Imperial Conferences of Great Britain gives invaluable material for the study of any possible federations, national or international. secondly, that he somewhat underrates the former influence of the very pernicious formula of "Rebus sic stantibus," which was continually undermining the agreements of the nineteenth century.
The concluding two chapters (XXVIII and XXIX) are devoted to the League of Nations and the organization of 1921. Perhaps on account of the events being too recent, the author's narrative becomes a little too sketchy and some of his statements do not find sufficient corroboration in the present-day conditions of Europe. Finally, in a long appendix, Professor Potter gives the necessary documents, illustrating his text and very useful to the student of international relations.
There could possibly be made one general remark concerning the volume of Professor Potter. It seems mainly not very well balanced in the distribution of material which he analyzes and interprets. There are two distinct parts in his work,-treaties and international relations in the technical meaning of the term, and the question of federation or organization. Both are equally important, but likewise complicated. If they are discussed parallel, as in the present volume, one of them is apt to suffer, and this is what seems to have happened to the first one, because the second one (international organization) has so evidently the sympathy of the author. This criticism however is in no way meant to detract from the very great merits of the work in general. The volume is most stimulating and inspiring, being a decided step forward in the realization of our ideal of a future international organization standing for peace and friendship among the nations of the world.
S. A. KORFF.
The American Philosophy of Government. By Alpheus Henry Snow. New
York: G. P. Putnam's Sons. 1921. pp. 485.
In addition to the valuable report prepared by Mr. Snow for the Department of State and recently published under the title of The Question of Aborigines in the Law and Practice of Nations, a further volume of collected papers is now forthcoming which must enhance the esteem in which his name will be held by students of international law. The papers included in the present volume cover a period of some fifteen years, and deal not so much with the American philosophy of government as an internal question of domestic administration, as with the problem of adjusting American political ideals to the necessary relations of international life.
A single thread of principle runs through the opinions of the author on the various subjects treated. The primary object of all government, Mr. Snow holds, is the protection of the fundamental rights of the citizen. These rights are not peculiar to citizens of the United States; they are universal and “unalienable”; they are the law "made by human society as an organized unitary community" (p. 23); and in consequence the American philosophy of government is international as well as national. The protection of individual rights is to be secured by establishing a government of limited constitutional powers, bound by a higher law than its own immediate will, and so checked and balanced in the distribution of its powers as to be practically incapable of tyranny.
The principles constituting the American philosophy of government must, the author holds, be made in like manner the foundation of whatever international institutions may be established between the nations for the regulation of their mutual relations. A cooperative union of nations is, indeed, desirable, but the government which it sets up must be of a limited character, guaranteed by its very organization against the possibility of exercising arbitrary power. As a model for such a "cooperative union,” the author points to the Pan American Union and shows how a similar organization might be adapted to the larger union of the nations. The government of the union might take the form of a " directorate," whose duty it would be to give counsel to the nations by investigating facts and proposing awards, leaving it to the voluntary act of the separate nations to put the counsel given into effect. Enlightened self-interest, seen to be the interest of the community of nations as a whole, would replace compulsion as a factor in international government.
Judging it by this test, the author felt it necessary to reject the League of Nations as a solution of the problem of international union. Until the American philosophy of individual rights was more generally accepted it was unwise, and indeed unconstitutional, for the United States to enter the new "body politic and corporate” which would have a “political and legal personality distinct from that of the United States” (p. 157). Moreover, the Covenant failed to impose upon the organization it created the restraints necessary to substitute justice and law for force as a factor in international relations. Before there could be any “general obligatory union of States” there was still much work for political scientists in all countries, in introducing into the constitutions of their states the checks needed to bring the foreign offices of their governments under more direct control.
While there is a note of idealism-a belief in law and reason as the agencies of international progress-in the position taken by Mr. Snow with which the reviewer is heartily in accord it is impossible at times to follow him in his abstract theory of individual rights and in his belief in the superior wisdom and justice of the United States. The record of American foreign policy does not seem to justify the statement that it is "the failure of other nations to accept our philosophy and system” which particularly stands in the way of international arbitration (p. 31); nor does it appear that “the wars which the United States has fought have all been for the purpose of protecting the fundamental rights of the individual and maintaining the nation as the guardian of those rights” (p. 33). The political ideals of the United States have doubtless contributed largely to the progress of good government in the world; they have not always been followed in its own domestic and foreign policies.
C. G. FENWICK.