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These propositions are elucidated in a spirit of modesty in an extended, but not exhaustive, commentary by Dr. Scott, but they carry with them the weight of considerable confidence because they are an expression of the historic continuity of the world peace movement in its efforts to bring about the reorganization of the society of nations, bring forward the development of The Hague Conferences in a normal way, and make use of the plan of the Universal Postal Union, which the nations have already adopted in one great department of international activity. The commentary is strengthened in places by apt quotations from Leon Bourgeois and Mr. Root, as well as by reference to policies of the United States as exemplified by the Bryan treaties for the advancement of peace, which are made a precedent for an international council of conciliation.
If by any chance the plan of the League of Nations, the fate of which is in doubt, should fail of ratification and the question of reconstruction be opened again, the Recommendations of Habana Concerning International Organization, with their claim of historic continuity, would deserve first attention as a substitute, and would be the natural starting point in this country, if not in the world, of the next great attempt at reconstruction. This movement would mean coöperation and peace with justice, and it would offer a distinct advantage which many people think that the Covenant has lost; it would leave to the nations their independence and sovereignty in all essentials absolutely secure.
But in any event these proposals, embodying the experience of the past and deriving much of their strength from that fact, are made available, together with an authoritative commentary, in book form, which can be easily mastered. They are preceded by an address by Dr. Scott which deals with the Platt Amendment. This address, delivered before the American Institute of International Law in Habana, has about it a fraternal, optimistic spirit and must have been enjoyed by its Latin American auditors. It contains valuable information on the origin and observance of the amendment; it increases our faith in the ethical standards of the United States, which is true to promises made to Cuba; and, in these chaotic days when differences over details and methods tend to divide us, it
encourages us to hope that the sense of international solidarity which was demonstrated at The Hague will, in spite of all delays and disappointments, be eventually established in fundamental law.
JAMES L. TRYON.
Institut Américain de Droit International. Acte Final de la Ses
sion de la Havane. (Deuxième Session de l'Institut) 22-27 Janvier 1917. Résolutions et Projets. New York: Oxford University Press, American Branch, 1917, pp. 129.
This work, as its title indicates, contains the Final Act of the second session of the American Institute of International Law, which was held at Habana, Jan. 22-27, 1917. Before the Final Act come lists of bureau, council of direction, founders, titular and corresponding members of the society, so that we know from the start that it represents views of distinguished authorities. The Final Act comprises the “Recommendations of Habana Concerning International Organization," projects and questionnaires on the fundamental bases of international law in general, and international law as applied to the American continent in particular; rules of neutrality in maritime war, the organization of a court of arbitral justice, a continental union or council of conciliation, to be sent to the various societies of international law in the Americas, some veux one of which expresses sympathy with the Central American Court of Justice and recommends its maintenance as a guarantee of peace between the republics of Central America; and resolutions favoring the policy of holding annual sessions of the Institute in cities of different American nations, the first invitation accepted being that of Uruguay to meet in Montevideo.
In appendices which fill the larger part of the book may be found the commentary of Dr. James Brown Scott on the “Recommendations of Habana Concerning International Organization,” which is rendered into French; an exposition of plans for the reconstruction of international law in general and of the American continent in particular, which is the work of Dr. Alejandro Alvarez, the Secretary General of the American Institute of International Law; an extended outline of rules of neutrality in maritime warfare, together with references to sources of authority under nearly every article; the bases of organization for a court of arbitral justice, by Dr. Scott; an explanation of ideas underlying the proposal for the creation of a continental union or council of conciliation for the American continent, by Dr. Alvarez, together with the projet; and an analytical statement of the fundamental rights of states. It is evident that neutrality has occupied an important place in the thoughts of jurists of Pan America
since the outbreak of the European War, and the outline on it that is here presented will be helpful to all persons interested in the revision of laws on that subject. Reference to Dr. Scott's illuminating and valuable commentary on the “Recommendations of Habana Concerning International Organization” has been made in another review, the commentary adds value to this book and, rendered into French, will reach new readers in other countries who ought to see it.
The work of Dr. Alvarez as editor of the publication and as interpreter of some of the projets presented deserves appreciative mention. This eminent publicist has a strong grasp of principles and an instinctive insight into international problems of a legal or constitutional character. Briefly but carefully he analyzes the complex situation, and makes distinctions in kinds of law that help the reader to understand what form the reconstruction may take, and by what considerations it may be limited. These studies show the value to publicists of this country of association in a common task of men in the different nations of the American continent, and of the attempt to come to an understanding in matters of common legal interest to them, as there is a development of international law that in a certain sense is characteristic of our part of the world.
Dr. Alvarez in his study of phases of a proposed continental union or council of conciliation, which might possibly be extended and made universal, examines the platform of the League to Enforce Peace as the foundation of a league of nations plan, and singles out certain points of difficulty with which it has already met in discussions. Speaking of the American Republics, he raises an objection to permitting pressure to be placed upon them by the Great Powers of Europe; for although the states of this hemisphere have developed under the influence of European culture, they prefer to continue under the usual conditions of freedom that they have enjoyed. Although he recognizes the right to resort to force as a principle already found in the Convention on the Limitation of Force in the Collection of Contractual Debts, he is disinclined to believe in the efficacy of machinery for international enforcement in the face of the diversity of interests that prevail between the different countries of the world or groups of them, as well as the absence of interests that are the . same for all of them which they would have a natural incentive to support by force. Europe and America being unlike in interests as a
1 See preceding review.
whole, would find intervention mutually disagreeable. He thinks, therefore, that the American states will coöperate in securing an equitable settlement of the problems of the World War, but will not go beyond facilitating the peace negotiations. Whether this view is justified we shall learn in days to come, but it might be considered by statesmen who, to secure permanent peace, lay stress upon the efficacy of the machinery of an international constitution rather than upon favorable conditions for peace in the international situation.
In the extension of The Hague system and of administrative unions Dr. Alvarez places confidence, and suggests that in a measure pacific understanding in the future may be brought about between the rival groups of the European nations by an attempt at mutual approach through such group organizations as have resulted from the necessities of united action in the war. For states of Pan America, with ties of a political, economic, juridical, and scientific character in process of forming, he suggests an organization modelled on a great confederation or federation, to be adapted, however, to such differences as are due to the jealousies that republics show of their independence and sovereignty, which must not be infringed; and here the object ought to be to secure, if possible, solutions of differences by pacific means and with a very limited amount of pressure, if that should be necessary. For continental or universal use, if that be possible, a union or council, of conciliation, might be practical, but it should be formed on a juridical rather than a political basis, the council to be composed, not of ambassadors who are likely to represent national policies, but of a detached body of competent men who, acting under limitations as to initiative, might help in the solution of certain disputes that diplomacy cannot settle; and a court of arbitral justice for the adjudication of legal questions, the solutions advised or the judgments rendered to have primarily a moral sanction, but when moral, economic and material pressure should prove insufficient, in cases of bad faith, by special arrangement the support of force.
JAMES L. TRYON.
Tratado de las Leyes y de Dios Legislador. Por el Padre Francisco
Suárez. Translated into Spanish by Don Jaime Torrubiano Ripoll. (Clásicos juridicos, Vol. I.) Madrid: Hijos de Reus. 1918, pp. lxiv, 320.
James Lorimer, in his "Institutes of the Law of Nations,'1 calls attention to the extreme injustice of the manner in which, down to our own time, it has been customary to speak of the scholastic jurists,' and a little farther on he continues: “The fact is, that ever since the Reformation the prejudices of Protestants against Roman Catholics have been so vehement as to deprive them of the power of forming a dispassionate opinion of their works, even if they had been acquainted with them, which they rarely were.” The same author, in a footnote, gives expression to the belief that no more valuable contribution could be made to the literature of jurisprudence at the present time than a collection and translation of the portions of these works which have reference to general jurisprudence and international law." But these statements were made nearly forty years ago, and the injustice and prejudice, on the one hand, have largely disappeared, while interest in popularizing the translations of relevant portions of the works mentioned has long since been aroused by Prof. Ernest Nys and by the "Classics of International Law" being published by the Carnegie Endowment for International Peace, under the general editorship of Dr. James Brown Scott, and now by a new series of Clásicos juridicos inaugurated by the publishing house of Reus with the present volume.
The selection of the Spanish Jesuit, Francisco Suarez, as the first author in the series is a most happy one, for the echoes of his tercentenary celebration have not yet entirely died away. Attention which had hitherto been confined to a few historians of international law such as Ward, who calls him “a writer of great perspicuity and comprehension of mind,'' and Hallam, who regards him as “by far the greatest man in the department of moral philosophy, whom the order of Loyola produced in this age, or perhaps in any other,''3
1 James Lorimer, “The Institutes of the Law of Nations” (London, 1883), Vol. I, p. 71.
2 Robert Ward, "An Enquiry Into the Foundation and History of the Law of Nations in Europe” (London, 1795), Vol. I, p. 16.
3 Henry Hallam, "Introduction to the Literature of Europe in the Fifteenth, Sixteenth and Seventeenth Centuries” (London, n. d.), p. 524.