more liberal and broader instruction furnishes a better equipment for successful careers in the public service than does the technical study of the private law pure and simple, few persons will deny. It also tends to give the lawyer a less technical point of view, and to liberalize the legal profession as a whole. Such is the present status of international law in the educational system of the American States. While it is far from occupying the place which its importance requires in countries where public opinion plays a dominant rôle, the progress that has been made in recent years is highly gratifying and the signs indicate a still further advance in the direction of a wider recognition of the subject in the curricula of the colleges and universities. The creation of new chairs of international law, the introduction of courses in the subject by departments of political science and history, the publication of new and up-todate manuals and textbooks for the convenience of teachers and students, the growing output of literature, the organization of societies for the study of questions of international law and the promotion of popular interest in the subject, the establishment of scientific journals for the publication of the results of the researches of scholars and for the interchange of views by specialists, the publication by governments of digests, collections of treaties and other public documents of interest to teachers and students-these are some of the evidences of the increasing interest in the study of international law and of the desire to increase the facilities for the teaching and study of the subject.

While the European literature is still much more extensive and on the whole more valuable, there is already a very creditable American literature and it is rapidly increasing. In North America the older treatises, commentaries, histories, and digests of Wheaton, Kent, T. D. Woolsey, Trescott, Lyman, W. B. Lawrence, Dana, Field, Halleck, Pomeroy, and Wharton have been followed by a large number of general and special contributions by writers like Moore, Taylor, Snow, Davis, Stockton, T. S. Woolsey, Wilson, Hershey, Scott, Bordwell, Reinsch, Gregory, Hyde, Benton, Callahan, Stowell, Borchard, Admiral Mahan, Foster, Henderson, Latané, Schuyler, Ralston, Holls, Hull, Crandall, Van Dyne, and others. Some of these are general treatises designed primarily for use as text books in the colleges; others are special studies of particular questions of international law or diplomatic hstory. Among the works that have lightened immensely the burden of the teacher and at the same time made available for the use of public officials and men of affairs a vast mass of information relating to almost every question of international law may be mentioned Prof. J. B. Moore's monumental digest of international law published by the Government in eight volumes. If scholars could be found in other countries to perform a similar public service and their governments could be induced to publish and distribute such collections, the teaching of international law and diplomatic history would be greatly facilitated and at the same time popular interest in the subject would be powerfully stimulated.

In Latin America, where interest in the science of international law has always been very great, the literature of the subject is also considerable in quantity and creditable in quality. Among their contributions those of Calvo are, of course, best known in this country.' With the exception of

1 Calvo's principal work was his Le Droit International Théorique et Pratique précédé d'un Exposé historique des Progrés de la Science du Droit des Gens (5th ed., 6 vols., 1896). He was also the author of Derecho Internacional téorico y Prático de Europa y América (2 vols., 1868); Manuel de Droit International; Recueil Complét des Traités, Conventions, etc., du tous les Etats de l'Amérique à nos Jours (1862-1869); Dictionnaire du Droit International Public et. Privée (2 vols., 1885); and Dictionnaire manuel de la Diplomatie et du Droit International Public et Privée (1885).

6

Pradier-Fodéré's ponderous Traité de Droit International Public in eight volumes, Calvo's principal treatise enjoys the distinction of being the most elaborate single contribution ever made to the literature of international law. Other Latin American authors whose contributions are less well known in the United States may be mentioned: Alcorta,' Alvarez, Bustamante, Bello, Drago, Prida, Toro, Seijas, Lisboa, Pensa, Vivot," Quesada," Urrutia," Zeballos, Tobar, Triana, Matte, Concha, and others. Next to Calvo, the works of Alvarez are probably best known to North American scholars. He has been a frequent contributor to the American Journal of International Law and the Revue Générale de Droit International Public, and his thesis that there is a body of American international law more or less separate and distinct from the general system of international law has been the subject of much comment. Aside from their contributions to the literature, the jurists, and publicists of Latin America have made notable contributions to the development of international law and to the formulation of important international policies. It was Drago who proposed the rule which subsequently found its way into The Hague Convention forbidding intervention for the forcible collection of debts due from one State to the citizens or subjects of other States, and it was the eloquent Triana of Colombia who stirred the Second Hague Conference by his impassioned denunciation of the practice of belligerents of sowing mines in the high seas. By their advocacy of the freedom of the seas, of the rights of neutrals, of the political equality of States, and especially of arbitration as a means of settling international differences-the frequent use of which in practice by the Latin American States has been described by Señor Quesada in his work on “Arbitration in Latin America "-they have shown an enlightened interest in the progressive development of international law.

Interest in the study of international law in America, as well as the facilities for teaching it, have been greatly increased by the founding of societies of international law in a number of American countries, and particularly by the establishment of the American Journal of International Law, which serves as the organ of the American Society of International Law. This society holds annual meetings in the city of Washington for the discussion by specialists of questions of international law and foreign policy, and the papers read at the meetings are printed in the annual volume of proceedings. The Journal is a quarterly publication of high grade, which contains in addition to articles by specialists, critical reviews of new books, chroniques of international events, digests of the decisions of the highest courts in cases involving questions of international law, decisions of international tribunals and commissions, indexes

1 Cours de Droit International public (Paris, 1887).

2 Le Droit International Américain (Paris, 1910); Latin America and International Law (1909); La nationalité dans le Droit International Américain (Paris, 1907); La Grande Guerre Européenne et la neutralité du Chile (Paris, 1916).

3 Principios de Derecho Internacional (Madrid, 1883).

Les Emprunts d'Etat et leurs Rapports avec la Politique Internationale (1907); La República Argentina i el caso de Venezuela (1903); and Cobro coercitivo de Deudas Publicas (1906).

Estudios de Derecho Internacional (Madrid, 1901).

Notas sobre Arbitraje Internacional en las Repúblicas Latino-Americanas (Santiago, 1898).

El Derecho Internacional Hispano-Americano Público y Privado (Caracas, 1884). Les Fonctions diplomatiques en Temps de Paix (Santiago, 1908).

La République et le Canal de Panama (Paris, 1906).

10 La Doctrina Drago (Buenos Aires, 1910).

Arbitration in Latin America (Rotterdam, 1907).

12 La Evolución del Principio de Arbitraje en América (Bogotá, 1908).

to the periodical literature and the texts of treaties, and other important international acts. As an aid to teachers and students of international law it is indispensable, and its distinguished editor, Dr. J. B. Scott, is rendering a distinct service to the cause of international law not only in America but throughout the world. Through the generosity of the trustees of the Carnegie Endowment for International Peace. provision has been made for the printing of a Spanish edition of this valuable periodical, as well as the annual volume of the proceedings of the society, for circulation in the countries of Latin America, where they are now available in the Spanish language to those who do not read English. By this means the usefulness of the Journal to teachers and students has been greatly enlarged and at the same time its influence as au agency for the popularization of interest in the study of international law powerfully increased.

. In this connection I may add that the Carnegie Endowment for International Peace has rendered another notable service to teachers, students, and all others who are interested in the study of international law, by undertaking the republication of a series of classics embracing the works of the great institutional writers of the sixteenth, seventeenth, and eighteenth centuries, such as Gentilis, Legnano, Zouch, Wolff, Vattel, and others. The plan provides for the reprinting of the original text in the language in which it was written, accompanied by an English translation and edited by specialists. A number of these classics have already been reprinted and distributed. The result will be to make available in the English language, to students and teachers, an important body of source material much of which was formerly not actually available because it was published in Latin.

Among other services which the Carnegie Endowment has undertaken with a view to stimulating wider interest in international law and for making more easily accessible important source material and other aids for the convenience of teachers and students may be mentioned the publication of the documents relating to the work of the two Hague conferences, including the reports presented to the conferences by the various commissions, the collection and publication of documents relating to international arbitrations, arbitration treaties, and other agreements of an arbitral character, the decisions of English and American courts in cases involving questions of international law, synopses of the decisions of the permanent court of arbitration at The Hague, English translations of Fiore's Il Diritto International Codificato, Oppenheim's Zukunft des Völkerrechts, and other treatises published in foreign languages, and the publication of a bibliography of Latin-American writers on international law, including a historical account of the development of the science of international law in Latin America with an appreciation of the contributions made by each country. The endowment also has under consideration projects for the preparation and publication of an elaborate bibliography of international law and for the exchange of professors of international law among the various countries of America and Europe.

Societies of international law have recently been organized in a number of Latin-American States, and as I now write news comes of the formation of the latest of these, the Cuban society, under the presidency of Dr. Antonio de Bustamante, of Habana. With a view to encouraging the formation of such societies, the executive committee of the American society has arranged to furnish the American Journal of International Law at a substantially reduced subscription price to the members of all such societies having a membership of at least 25 persons. Recognizing the great value to the cause of international law of scientific periodicals devoted to the study of questions of international law, the

Carnegie Endowment has also adopted the policy of aiding such periodicals by means of subventions or by taking a specified number of subscriptions.

A recent important step undertaken with a view to promoting the scientific study of international law in the countries of America has been the formation of the American Institute of International Law. Among its declared objects is to aid the scientific development of international law, the promotion of interest in its study, the discussion of problems peculiar to the American countries, the publication of diplomatic documents, treaties, arbitral awards, and other international acts, and to encourage the foundation of national societies.' It is to be hoped that this society will in time come to occupy the place and exert the influence in America which the Institute of International Law has long done in Europe.

A review of the more recent agencies for the promotion of the study of the scientific study of international law would be incomplete without mention of the establishment of the Academy of International Law at The Hague for the purpose of providing during the summer months of each year courses of specialized instruction for advanced students by distinguished authorities in the field of international law. The instruction was to have begun in the summer of 1915, but on account of the European war the opening of the academy was postponed. III. THE MEANS BY WHICH THE STUDY OF INTERNATIONAL LAW MAY BE IMPROVED.

Turning now to the third part of my subject-namely, the means by which the teaching and study of international law may be improved-I am able to say little more than emphasize again the importance of those agencies and methods by which popular interest in the subject has already been awakened and strengthened in recent years. We do not need to devise new schemes and methods; those to which I have already called attention, such as a wider introduction of the study in the curricula of the schools, the requirement of a knowledge of the fundamental principles of international law for the law degree and for admission to the bar, the establishment of new chairs of international law in the colleges and universities, more adequate provision for the better training of teachers, the preparation of better and more up-to-date textbooks, digests, collections of cases, bibliographies, indexes, and other pedagogical apparatus, wherever this is possible, the organization of societies for the scientific and popular study of questions of international law and for the promotion of wider interest in such study, and the establishment of scientific journals-these agencies need only to be continued and their scope extended in order to arouse a still wider interest in the subject of international law and to insure a place for it in the educational system and in the national life, which its importance demands. With increased interest in the subject will come more adequate provision for instruction and better facilities for teaching it, and consequently higher standards of efficiency in the character of the instruction given.

As has been said, the American Society of International Law, one of the declared objects of which is to foster the study of international law, took the initiative in calling a conference of teachers of international law and related subjects in the more important universities and law schools of the United States to meet in Washington in April, 1915, to consider the present status of international law in the educational system of the country and to adopt means for increasing the facilities for teaching it and for promoting its future development.

1 See the American Journal of International Law, vol. 6, pp. 949-975, and vol. 7, pp. 163-167.

After a full consideration of the various questions submitted, the conference adopted a number of recommendations looking toward a wider introduction of the study of international law in the colleges and universities, provision for better facilities for teaching and studying the subject, the elevation of the existing standards, etc.

As I have said, the conference recommended that the subject be introduced in the curricula of all law schools where it is not now taught and that a knowledge of its elements be required for admission to the bar. It further recommended that every college of liberal arts, every graduate school and every university summer school should make provision for offering such courses: that whenever possible separate and distinct chairs of international law be established; and that lectures by specialists be provided for in all institutions where such provision is practicable. With a view to increasing the facilities for the study and teaching of the subject and of improving the character of such instruction the conference recommended that a carefully prepared bibliography of international law and related subjects, an index or digest of the literature, and inexpensive editions of public documents relating to international law be prepared and published; that courses in international law should, wherever possible, extend over a full academic year and be divided between international law and diplomacy; that in the teaching of international law emphasis be laid on the positive nature of the subject, a careful distinction being observed between international law and international policy; and that where international law is taken as a major subject for the doctor's degree, the course should be followed by a year's attendance upon the academy at The Hague.' I do not feel able to add anything to these suggestions; most if not all of them are entirely practical, and they represent the views of the professors of international law in the leading universities and colleges of the United States. To a large degree, they also represent the existing practice in the universities of Latin America. The first desideratum is, as I have said, to awaken a wider interest in, and a larger appreciation of, the practical and scientific value of the study of international law. When this condition shall have come about, more adequate provision for teaching it will no doubt be provided, more and better textbooks and other pedagogical aids will likewise be forthcoming, and the greatest need of all, perhaps, more competent teachers will be ready to meet the resulting demand.

EL ESTUDIO DEL DERECHO INTERNACIONAL EN LOS PAÍSES AMERICANOS Y MEDIOS POR LOS CUALES PUEDE HACERSE MÁS EFECTIVO.

Por CLEMENT L. BOUVÉ,

Miembro del Foro de Washington, D. C.

Al dirigiros la palabra sobre el tema "Estudio del derecho internacional en los países americanos y medios por los cuales puede hacerse más efectivo," viene luego a mi mente cuán impropio sería intentar una disertación ante maestros y expositores del derecho iternacional venidos de países que han consagrado a los principios de esta ciencia un estudio minucioso y concienzudo desde los principios del siglo pasado. Decir que en estos países ese estudio

1 These recommendations are printed in full in the Proceedings of the American Society of International Law for 1914, pp. 315–324.