International Law at the First Pan-American Scientific Congress. The Restoration of Cuban Self-Government.... The First Decision of the Central American Court of Justice. The Remission of a Portion of the Chinese Indemnity New Postal Regulation with Germany. “ Political Offense" in Extradition Treaties.. The Newfoundland Fisheries Question.. The Institute of International Law... CHRONICLE OF INTERNATIONAL EVENTS. Henry G. Crocker... PUBLIC DOCUMENTS RELATING TO INTERNATIONAL LAW. Philip De Witt JUDICIAL DECISIONS INVOLVING QUESTIONS OF INTERNATIONAL LAW. NUMBER 3, JULY, 1909 THE RELATIONS BETWEEN INTERNATIONAL TRIBUNALŞ OF ARBITRATION AND THE JURISDICTION OF NATIONAL COURTS. Elihu Root. How CHINA ADMINISTRATES HER FOREIGN AFFAIRS. Weiching W. Yen.... 537 THE INFLUENCE OF THE LAW OF NATURE UPON INTERNATIONAL LAW IN THE UNITED STATES. Jesse S. Reeves .. THE PRACTICE OF ASYLUM IN LEGATIONS AND CONSULATES OF THE UNITED THE INTERNATIONAL Naval CONFERENCE OF LONDON, 1908-1909. C. A. THE Most-FAVORED-NATION CLAUSE. Stanley K. Hornbeck (Part 2) THE INTERNATIONAL OPIUM COMMISSION. Hamilton Wright (Part 1) 648 The Third Annual Meeting of the American Society of International Law. 674 The Chicago National Peace Congress. The Fifteenth Lake Mohonk Conference on International Arbitration. 683 The Constitution of South Africa.. The Damiano Extradition Case.. The Case of Collins v. O'Neil.. Arbitration Treaty with Austria-Hungary. The Casablanca Arbitration Award... PUBLIC DOCUMENTS RELATING TO INTERNATIONAL LAW. Philip De Witt JUDICIAL DECISIONS INVOLVING QUESTIONS OF INTERNATIONAL LAW... 729 NUMBER 4, OCTOBER, 1909 The Most-FAVORED-NATION CLAUSE. Stanley K. Hornbeck. (Part 3).... 797 THE INTERNATIONAL OPIUM COMMISSION. Hamilton Wright. (Part 2).... 828 THE RELATION OF THE CITIZEN DOMICILED IN A FOREIGN COUNTRY TO His HOME GOVERNMENT. Everett P. Wheeler. 869 FORTIFICATION AT PANAMA. George W. Davis .. 885 THE HISTORY OF THE DEPARTMENT OF STATE. IV. Gaillard Hunt.. 909 ARCTIC EXPLORATION AND INTERNATIONAL LAW. James Brown Scott. 928 BOARD OF EDITORS. 942 EDITORIAL COMMENT Lawyer-Secretaries of Foreign Relations of the United States.. 942 The Casablanca Arbitration... 946 The Franco-German Rapprochement.. 946 The Arbitral Award in the Peru-Bolivia Boundary Controversy. 949 Renewal of Modus Vivendi Concerning Newfoundland Fisheries. 953 British Extraterritorial Jurisdiction in Siam.. 954 Liberia 958 The Fourth Pan-American Conference, 963 The Persian Revolution and the Anglo-Russian Entente. 969 France and the United States at San Francisco.. 975 The Ibero-American Institute of Comparative Positive Law.. 979 Frederick de Martens. 983 The Venezuela Cases.. 985 CHRONICLE OF INTERNATIONAL EVENTS. Henry G. Crocker.. 990 PUBLIC DOCUMENTS RELATING TO INTERNATIONAL LAW. Philip De Witt Phair 1002 JUDICIAL DECISIONS INVOLVING QUESTIONS OF INTERNATIONAL Law. 1006 BOOK REVIEWS: BOOK NOTES...... . 1037 PERIODICAL LITERATURE OF INTEBNATIONAL LAW.. .1060 INTERNATIONAL ADMINISTRATIVE LAW AND NATIONAL SOVEREIGNTY а The conception of a law common to the entire civilized world has received a new content and a practical interpretation through the recent development of international unions. The numerous private unions and associations for international purposes constitute a spontaneous grouping of men throughout the world who are interested in certain lines of enterprise -- industrial, political, or scientific which are not limited by national boundaries, but have the whole world for their field of action. The number of such associations already created is indeed surprising. Nearly every type of social effort for the promotion of the broader interests of mankind has been organized in this manner, so that there are literally hundreds 1 of international unions and associations. These bodies hold periodical conferences for the interchange of opinions and the comparison of results, and in many cases they have established permanent bureaus or offices. The public unions which have been formed by the action of states, and which are now operating as public agencies of international interests, indicate the extent to which the national authorities have come to realize the importance of interests and activities that transcend in their operations the boundaries of the national state. There are over thirty of such unions, most of them endowed with permanent organs of administration, which enable them to fulfill, even though only in a rudimentary way, the three classic functions of government — the legislative, executive, and judicial. The interests which they represent and administer can be understood only when we consider the human world as a totality of interrelated forces and activities. From this point of view any other organization that might be given them would be defective in point of extent and efficiency. i The number of international congresses held in the year 1906 was at least one hundred and sixty. See lists in the Annuaire de la vie internationale, 1906. When any social or economic interest has assumed the character of a world-wide relation, when its activities in order to succeed must rest on the experience of all mankind, and must extend their operations over numerous national territories, then such an interest can be effectively regulated only upon a world-wide basis. The legal aspects of its organization :ind action can be expressed only in the terms of a law enacted from the point of view of international relations, rather than resting upon the experience and policy of any national state. The world law which is thus created is not merely an intellectual product such as the natural law of the older jurisprudence. Quite the contrary, it is the legal expression of positive interests and activities that have already developed in the life of the world, that are expressing themselves in action, and are therefore entitled to have their relations expressed also in juristic form. A law of this kind, while aiming at universality, will strive to avoid purely theoretical construction and will aim to base itself upon ascertained needs and actual experience. When the principal interests that have already received an international organization are passed in review, it is not difficult to recognize in them those characteristics which make them essentially international. It is an often-repeated saying that the world at the present time stands in the sign of communication. The ideal of the civilized . world with respect to economic relations is that the entire surface of the globe should be rendered readily accessible to the enterprise of all the world, and that rapid and uninterrupted communication should make possible a uniform management and control of the natural resources which humanity has inherited. The demands thus made upon international policies have their material support in the great advancés recently achieved in the practical sciences and arts of communication. But in order that the greatest advantage may be gained by mankind from these inventions, a liberal character should be imparted to legislation. We need a uniform law of transportation by land and sea in order that the efficiency of communication may not be impaired by unnecessary local differences of regulation. Scientific jurisprudence has directed itself to the task of gradually unifying the principles of maritime law and restoring its character of a |