hundreds of years has at last been shaken off during the second half of this century.

When the century opens, the three schools of the Naturalists, the Positivists, and the Grotians are still in the field, but Positivism gains slowly and gradually the upper hand, until at the end it may be said to be victorious without, however, being omnipotent. The most important writer1 up to 1836 is Klüber, who may be called a Positivist in the same sense as Martens, for he also applies the natural Law of Nations to fill up the gaps of the positive. Wheaton appears in 1836 with his " Elements," and, although an American, at once attracts the attention of the whole of Europe. He may be called a Grotian. And the same may be maintained of Manning, whose treatise appeared in 1839, and is the first that attempts a survey of British practice regarding sea warfare based on the judgments of Sir William Scott (Lord Stowell). Heffter, whose book appeared in 1844, is certainly a Positivist, although he does not absolutely deny the Law of Nature. In exact application of the juristic method, Heffter's book excels all former ones, and all the following authors are in a sense standing on his shoulders. In Phillimore, Great Britain sends in 1854 a powerful author into the arena, who may on the whole be called a Positivist of the same kind as Martens and Klüber. Generations to come will consult Phillimore's volumes on account of the vast material they contain and the sound judgment they exhibit. And the same is valid with regard to Sir Travers Twiss, whose first volume appeared in 1861. Halleck's book, which

1 I do not intend to discuss the merits of the writers on special subjects, and I mention only the

authors of the most important treatises.

appeared in the same year, is of special importance as regards war, because the author, who was a general in the service of the United States, gave to this part his special attention. The next prominent author, the Italian Fiore, who published his system in 1865 and may be called a Grotian, is certainly the most prominent Italian author, and the new edition of his work will for a long time to come be consulted. Bluntschli, the celebrated SwissGerman author, published his book in 1867; it must, in spite of the world-wide fame of its author, be consulted with caution, because it contains many rules which are not yet recognised rules of the Law of Nations. Calvo's book, which first appeared in 1868, contains an invaluable store of facts and opinions, but its juristic basis is not very exact.

From the seventies of the century the influence of the downfall of the theory of the Law of Nature becomes visible in the treatises on the Law of Nations, and therefore real positivistic treatises make their appearance. For the Positivism of Zouche, Bynkershoek, Martens, Klüber, Heffter, Phillimore, and Twiss was no real Positivism, since these authors recognised a natural Law of Nations, although they did not make much use of it. Real Positivism must entirely avoid a natural Law of Nations. We know nowadays that a Law of Nature does not exist. Just as the so-called Natural Philosophy had to give way to real natural science, so the Law of Nature had to give way to jurisprudence, or the philosophy of the positive law. Only a positive Law of Nations can be a branch of the science of law.

The first real positive treatise known to me is Hartmann's "Institutionen des praktischen Völker

rechts in Friedenszeiten," which appeared in 1874, but is hardly known outside Germany. In 1880 Hall's treatise appeared and at once won the attention of the whole world; it is one of the best books on the Law of Nations that have ever been written. The Russian Martens, whose two volumes appeared in German and French translations in 1883 and at once put their author in the forefront of the authorities, certainly intends to be a real Positivist, but traces of Natural Law are nevertheless now and then to be found in his book. A work of a special kind is that of Holtzendorff, the first volume of which appeared in 1885. Holtzendorff himself is the editor and at the same time a contributor to the work, but there are many other contributors, each of them dealing exhaustively with a different part of the Law of Nations. The copious work of Pradier-Fodéré, which also began to appear in 1885, is far from being positive, although it has its merits. Wharton's three volumes, which appeared in 1886, are not a treatise, but contain the international practice of the United States. In 1894 three French jurists, Bonfils, Despagnet, and Piédelièvre, step into the arena; their treatises are comprehensive and valuable, but not absolutely positive. On the other hand, the English authors Lawrence and Walker, whose treatises appeared in 1895, and Westlake, whose first volume appeared in 1904, are real Positivists, and so are the Swiss-Belgian Rivier, the Germans Ullmann, Liszt, and Gareis, and the American Hannis Taylor.

1 Lorimer, whose first volume appeared in 1883, is a Naturalist pure and simple.

$60. COLLECTION OF TREATIES.

(1) GENERAL COLLECTIONS.

Leibnitz: Codex iuris gentium diplomaticus (1693); Mantissa codicis iuris gentium diplomatici (1700).

Bernard: Recueil des traités, etc. 4 vols. (1700).

Dumont Corps universel diplomatique, etc., 8 vols. (17261731).

Rousset: Supplément au corps universel diplomatique de Dumont, 5 vols. (1739).

Schmauss: Corpus iuris gentium academicum (1730).

Wenck: Codex iuris gentium recentissimi, 3 vols. (1781, 1786, 1795).

Martens: Recueil de Traités d'Alliance, etc., 8 vols. (1791-1808); Nouveau Recueil de Traités d'Alliance, etc., 16 vols. (18171842); Nouveaux Suppléments au Recueil de Traités et d'autres Actes remarquables etc., 3 vols. (1839-1842); Nouveau Recueil Général de Traités, Conventions et autres Actes remarquables etc., 20 vols. (1843-1875); Nouveau Recueil Général de Traités et autres Actes relatifs aux Rapports de droit international. Deuxième Série, vol. I. 1876, continued up to date. Present editor, Felix Stoerk, professor in the University of Greifswald in Germany. Ghillany: Diplomatisches Handbuch, 3 vols. (1855-1868). Martens et Cussy: Recueil manuel etc., 7 vols. (1846-1857); continuation by Geffcken, 3 vols. (1885-1888).

British and Foreign State Papers: Vol. I. 1814, continued up to date.

Das Staatsarchiv: Sammlung der officiellen Actenstücke zur Geschichte der Gegenwart, vol. I. 1861, continued up to date. Archives diplomatiques: Recueil mensuel de droit international, de diplomatie et d'histoire, first and second series (18611900), third series from 1901 continued up to date (4 vols. yearly).

(2) COLLECTIONS OF ENGLISH TREATIES ONLY.

Jenkinson Collection of all the Treaties, etc., between Great Britain and other Powers from 1648 to 1783, 3 vols. (1785).

Chalmers: A Collection of Maritime Treaties of Great Britain and other Powers, 2 vols. (1790).

Hertslet: Collection of Treaties and Conventions between Great Britain and other Powers (vol. I. 1820, continued to date).

Treaty Series: Vol. I. 1892, and a volume every year.

$61. BIBLIOGRAPHIES.

Ompteda: Litteratur des gesammten Völkerrechts, 2 vols. (1785).

Kamptz: Neue Litteratur des Völkerrechts seit 1784 (1817). Klüber: Droit des gens moderne de l'Europe (Appendix) (1819).

Mohl: Geschichte und Litteratur der Staatswissenschaften, vol. I. pp. 337-475 (1855).

Rivier: pp. 393-523 of vol. I. of Holtzendorff's Handbuch des Völkerrechts (1885).

Stoerk: Die Litteratur des internationalen Rechts von 18841894 (1896).

Olivart: Catalogue d'une bibliothèque de droit international (1899).

Nys: Le droit international, vol. I. (1904), pp. 213-328.

$ 62. PERIODICALS.

Revue de droit international et de législation comparée. It appears in Brussels since 1869, one volume yearly. Present editor: Edouard Rolin.

Revue générale de droit international public. It appears in Paris since 1894, one volume yearly. Founder and present editor, Paul Fauchille.

Zeitschrift für internationales privat und öffentliches Recht. It appears in Leipzig since 1891, one volume yearly. Present editor, Theodor Niemeyer.

Annuaire de l'Institut de Droit International, vol. I. 1877. A volume appears after each meeting of the Institute.