PROBLEMS EXISTING IN EUROPE AND WITHOUT APPLICATION ON THE AMERICAN CONTINENT: 1. The political "balance of power: 2. Principal manifestations of imperialism: (a) colonial system ; (b) zones of influence or hinterland. 3. International condition of certain states or portions of territory: (a) personal and real union; (b) semi-sovereign states; (d) free colonies; (e) perpetually neutral states. 4. International problems relative to population: conditions of emigration. PROBLEMS OF SPECIAL INTEREST TO THE AMERICAN CONTINENT: Problems relative to the international condition of the continent: (a) virtual occupation and effective occupation of the entire continent; the consequences from the international standpoint; (b) international effect which a movement of independence of the European colonies existing in America would have; (c) transfer of those colonies from one country to another; (d) occupation, especially by title of war, of any portion of American territory by a European country; (e) international situation of the islands and polar regions of antarctic America; to what extent they may be acquired by occupation or be included within the zones of influence of European or American states. 2. Problems relative to the possible limitation of the sovereignty of the states of America: (a) limitations which may exist in some of the diplomatic negotiations of the Latin-American republics, especi ally in regard to the submitting of their sovereignty to a European state; (b) voluntary cession or lease of a portion of American territory to a European state; (c) voluntary incorporation of one American state into another; (d) voluntary secession of a state; (e) annexations and concessions of contested territories. 3. Problems relative to the territorial concessions which a state may make: (a) leases or concessions of portions of territory made to foreign states or syndicates; their results; (b) international condition of those concessions when the conceding state delegates to the concessionary certain attributes of its sovereignty. 4. Problems relative to the delimitation of boundaries: (a) delimitation of boundaries, principally between more than two countries; (b) value of natural boundaries; (c) uti possidetis of 1810; its origin, object, and scope; (e) value of the concessions made by one contestant state 5. Problems relative to the routes of communication: (a) international situation of the routes of communication which may unite and those which actually do unite the two great oceans; (b) the Pan-American Railroad; (c) the international rivers. 6. Problems relative to the increase of population of the states: (a) conditions of immigration; (b) states, before the public law of each state, of the portions of territory peopled exclusively by colonists of the same nationality; the influence upon international relations; (c) likewise when the colonists are of different nationalities. 7. Problems relative to the responsibility of the states: (a) responsibility which European governments impose on some American states because of injuries occasioned to their citizens as a result of civil wars, strikes, or other internal disorders; (b) responsibility of states for the acts of insurgents who have succeeded so far as to constitute a new government but have afterwards been suppressed; (c) the abuse of the employment of diplomatic agencies, practiced by some European states in support of their citizens; (d) naval demonstrations and other methods of intimidation resorted to by those same nations in support of their diplomatic claims; (e) responsibility of the American governments for acts of savage tribes inhabiting territory under the sovereignty of those governments, but not under their effective authority; (f) likewise for acts of native tribes under their sovereignty and authority; (g) likewise for acts of nomad tribes while crossing the frontiers of their territory; (h) likewise for the acts of civilized individuals or native tribes committed in disputed territory. 8. Problems relative to the attitude which the states of America should observe in case of civil war in another state of the same continent: (a) in case the civil war results in secession; (b) to what extent they should observe neutrality in case of PROBLEMS WHICH, BECAUSE OF THE SPECIAL POLITICAL ECONOMIC OR SOCIAL CONDITIONS OF THE STATES OF AMERICA, RECEIVE OR ARE LIKELY TO RECEIVE A SOLUTION DIFFERENT FROM THAT WHICH THEY RECEIVE IN EUROPE: 1. Federal States. 2. Confederations. 3. Nationality. CONVENTIONAL INTERNATIONAL LAW IN AMERICA: 1. Basis of the codification of Public and Private International Law. 2. Conventions of universal character. 3. Conventions of a Pan-American character. 4. Conventions of a Latin-American character. IV In spite of the obvious existence of an "American" International Law in the acceptation which we have just indicated, it has not been studied nor even clearly stated by the publicists either of Europe or America. American publicists, in treating any matter whatever of an international character, have simply followed the doctrines and diplomatic precedents of Europe, without inquiring whether or not such doctrines and precedents are in conformity with the fundamental institutions or the peculiar manner of life of the states of the New World. The only publicist who seems to have grasped the idea of an "American" International Law is Alcorta ;100 but he has not expressly affirmed its existence nor indicated its fundamental characteristics, nor, inuch less, the matters which constitute it. On the contrary, he follows invariably the doctrines of the other European writers. Moreover, in his "Curso de Derecho Internacional Privado' (Buenos Aires, 1887) in the chapter on "Nationality," he does not 100 Alcorta: "Cours de Droit International Public," Vol. I (the only one published), Paris, 1887, Preface, Chap. II, No. II; Chap. IV, Sec. No. VI. even declare the distinctively American characteristics of that institution and its peculiarities in the countries of this continent. If we are to arrive at any practical conclusion, it is that the publicists of the New World should occupy themselves particularly with the study of the matters constituting "American" International Law, clearly pointing out its salient features so that the countries of America may be able to follow a uniform policy on those matters. And this is all the more necessary, because, with the increasing economic development of these countries will come new problems which will necessitate new norms of foreign policy - problems which may become grave dangers if the states involved are not prepared promptly to solve them on the basis of clear and well-defined principles.101 ALEJANDRO ALVAREZ. 101 At the Third Latin-American Scientific Congress, which was held in Rio Janeiro in August, 1905, we, in our capacity of delegates of Chile, presented a motion to have that assembly recognize the existence of an "American" International Law in the sense which we have just indicated, and recommend its study in the universities of the New Continent. We solicited, likewise, that all the questions to be considered in the next Congress, to be held in Santiago in December, 1908, should be exclusively of an American character. At the first Pan-American Scientific Congress, held at Santiago, Chile, in December, 1908, the following resolution was moved by the writer, and adopted: "The First Pan-American Scientific Congress recognizes that in the New World there exist problems sui generis or of a character completely American; and that the states of this hemisphere have regulated by means of more or less general treaties, matters which interest only themselves or which, though of a universal interest, have as yet not been incorporated in a world-wide convention. In this last case there have been incorporated in international law principles of American origin. The sum of these materials constitutes what may be called American problems and situations in international law. The Congress recommends to all states of this continent that in their faculties of jurisprudence and the social sciences special attention shall be given to the study of this subject." |