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genuine service to examine the reported decisions of English and American courts and show beyond the possibility of contradiction that international law has been recognized by tribunals of the highest repute as a branch of law "administered by the courts of justice of appropriate jurisdiction, as often as questions of right depending upon it are duly presented for determination.” (Paquette Habana, 175 U. S. 677.)
In the preface to the present edition, the editor and author, for he appears in both qualities, maintains “ that the law of nations is ascertained (inter alia) by judicial decisions recognizing and enforcing that law,' and such decisions, therefore, in so far as they purport to be founded on the law of nations, may be regarded, not only as authoritative within the limits of their respective systems, but as having a persuasive or evidentiary value in the courts of other states, or before internationl tribunals. Such decisions, moreover, serve to show how the law of nations is understood and applied in particular cases.”
Admitting the correctness of Mr. Cobbett's contention and the service he has rendered to the study of international law by the publication of his Cases and Opinions, the question arises as to the method of selection and the manner of presentation.
The cases drawn on are largely of English and American origin, which gives to the collection a peculiar value to English-speaking students. Mr. Cobbett, however, has appreciated the value of decisions of courts of arbitration and commissions of inquiry in the statement and development of principles of international law, and in the third edition of his work has selected the most important of recent arbitrations, such as the Pious Fund arbitration of 1902 (pp. 23-27), the report of the international commission of inquiry in the North Sea incident of 1904 (pp. 2730), the Alaska boundary commission of 1903 (pp. 96-104), the Bering Sea arbitration of 1893 (pp. 124–130), the Costa Rica Packet of 1897 (pp. 268–270), the arbitration between Chile and Peru of 1875 concerning the treaty of 1865 (pp. 314-317), and the arbitration between Great Britain, Germany and Italy and Venezuela of 1903 (pp. 339– 342). In addition to these sources, he has drawn freely upon the state papers and inserted in the text important cases involving questions of law which were, however, settled by diplomatic negotiation without the interposition of courts of justice. The material at his disposal and brought into contribution is, therefore, extensive and well calculated to expose and develop the principles of law applied by nations in their intercourse and in the settlement of questions susceptible of judicial
determination. Mr. Cobbett has added to the selected cases extensive and very valuable notes of an historical and critical nature. example of the care and industry, learning and skill with which he has annotated a particular case and developed and applied the principles appertaining to the subject, may be cited the note to the case of the Paquette Habana, in which the nature and source of international law are discussed (pp. 4-15).
The manner of presenting the cases, which Mr. Cobbett has selected with great care and discrimination, is, in the opinion of the reviewer, subject to criticism, although it may be, after all, a question of individual taste or judgment. Mr. Cobbett has digested the statements taken from the original reports and in so doing has rendered the facts involved in the cases clear and understandable. He has, however, pursued the same method with the judgments, and instead of presenting them in the language of the judges delivering the opinions, he has summarized them, digested them, and presented them, with few exceptions, in his own language. Much space is no doubt saved by so doing, but a digest of the judgment rather than the judgment itself is given, and a paraphrase is presented rather than the language of the judge whose decision is at once the law and its source. Experience shows that the case itself is more valuable and illuminating than the syllabus, and sooner or later resort must be had to the text of the judgment. It is submitted that it would be better in the first instance to refer to the judgment and to present it in the language of the judge to the student, even although large portions must necessarily be omitted as irrelevant to the particular question at issue. The same criticism is applicable to the cases selected from the decisions of arbitral tribunals and to the statements of cases settled through the channels of diplomacy. The language of the adjudged case and of the minister of state is, it is submitted, infinitely more valuable than a digest, however accurate or carefully made.
The guiding purpose of the first edition was to furnish “a useful companion volume to existing text-books.” The purpose of the third edition is the same, and Mr. Cobbett has repeatedly referred to the opinions of writers of authority and has annotated his work with references to the leading text-books on international law, thus rendering the volume very valuable to the student.
Mr. Cobbett is a firm believer in arbitration and looks forward to the day when a permanent international court of justice may be estab
lished and do justice between the nations. He confesses his faith in arbitration and its future not merely by cases selected from tribunals of arbitration, but in various passages in the notes, and in the appendix he prints the Final Act of the Second International Peace Conference, the Convention for the Peaceful Settlement of International Disputes, the Convention respecting the Limitation of the Employment of Force for the Recovery of Contract Debts, and the Draft Convention relative to the Creation of a Court of Arbitral Justice.
The nature and extent of the volume are shown by the table of contents: The nature and sources of international law, pp. 1-15; the relation of international law to English law, and the question of treaties, pp. 15-22; international courts of arbitration and commissions of inquiry, pp. 23-40; international persons (states, semi-sovereign states, belligerent communities), pp. 41-68; succession in international law, pp. 68-76; plenary representation of states, pp. 76–82; acts of state in international law, pp. 83–86; proceedings by and against foreign states, pp. 86–91; privileges of sovereigns or heads of foreign states, pp. 92–96; state territory and boundaries, pp. 96-115; navigable rivers of a state, pp. 116–124; the freedom of sea, pp. 124-132; territorial waters (the littoral sea; gulfs, bays and inland seas; straits and waterways, natural and artificial), pp. 132–153; rights of fishery, pp. 153–162; extraterritorial action, pp. 162–165; self-defense and protective jurisdiction on the high seas, pp. 165-170; state membership (nationals by birth, nationals by adoption, loss of national character and its reacquisition), pp. 170–196; rights and liabilities of aliens in time of peace, pp. 196-205; domicile, pp. 206-212; criminal jurisdiction and law of a state (territorial, extraterritorial), pp. 212–227; civil jurisdiction and law of a state, pp. 227–234; extradition of criminals, pp. 235-245; extraterritorial communities, pp. 246–251; public vessels and armed forces of a state (ships of war, public vessels other than ships of war, persons on board public vessels), 251–264; rights and duties of public armed vessels on the high seas, pp. 264-268; private vessels on the high seas, pp. 268-277; private vessels in foreign ports and territorial waters, pp. 277283; piracy and analogous acts, pp. 283–287; insurgents carrying on war by sea, pp. 287–290; the slave-trade, pp. 290–293; agents of a state in its external relations, pp. 293–306; diplomatic agents and consuls, pp. 307–314; treaties and international agreements, pp. 314-321; termination of treaties, pp. 321-328; interpretation of treaties, pp. 328–
333; international delinquencies and methods of redress short of war, pp. 334-348.
This outline of the contents of the leading cases, as well as the statement of the treatment of the various subjects, is sufficient to show the value of Mr. Cobbett's contribution to international law; and the reviewer, in conclusion, expresses the hope that the present edition of this excellent work may interest readers in international law as the first edition of the original work induced him to devote himself to its systematic study.
JAMES BROWN SCOTT.
A Valedictory Retrospect (1874–1910). Being a Lecture delivered at
All Souls College, June 17, 1910, by Thomas Erskine Holland, K. C., D. C. L., F. B. A., Chichele Professor of International Law and Diplomacy.
This lecture, a pamphlet of twenty-three pages, summarizes the activities of an Oxford professor who has exercised a commanding influence in the field of international law. The American Society of International Law has acknowledge this by making Professor Holland one of its first honorary members. The thirty-six years of service reviewed in this lecture cover a period of very rapid development of law in international relations. Professor Holland has often made known to the world his opinions upon matters which were disturbing the minds of statesmen. A glance through the collection, “Letters to the Times on War and Neutrality” (1881-1909), will show that Professor Holland's influence has not been “bounded by the precincts of the University.” Professor Holland's great service in focusing attention upon the important contribution of Alberico Gentili to the law of war has justly received recognition throughout the world. As an active member of the Institut de Droit International, serving upon many committees, Professor Holland has done much to mould international law, Always influential with and often the official representative of the British Government in matters involving international law, Professor Holland has served well his state as also his University. American students of international law would certainly pay respectful homage to one who has contributed so much to “the science which it has been his business to study and to teach."
GEO. G. WILSON.
The New Cyneas of Emeric Cruce. Edited with an introduction and
translated into English from the original French text of 1623 by Thomas Willing Balch. Philadelphia: Allen, Lane and Scott. 1909. Pp. xxxi, 363.
The remarkable work of Emeric Crucé has had a curious career. Published in 1623, known to Leibniz, as appears from a letter addressed to the Abbé Saint-Pierre (Introduction, p. xxii), it disappeared from sight until a copy of it was picked up by Charles Sumner's brother and bequeathed by the latter in 1874 to Harvard College, and was reintroduced to the world by the distinguished Belgian publicist, M. Nys, in 1890. The very name of the author was unknown until M. Nys identified him as Emeric Crucé and enrolled him among the list of the pacifists who deserve the grateful remembrance of mankind. One copy of the work is in the National Library at Paris and was consulted by M. Nys. Another copy is in the library of Harvard University. A third copy is thought by M. Nys to be in existence.
Mr. Balch, who published a brochure on Emeric Crucé in 1900, has had the happy inspiration to publish the original text of the Nouveau Cynée, and to accompany it, page by page, with an English translation. The French is therefore at the disposal of scholars and the English translation within the reach of those who may be unwilling or unable to read the somewhat difficult French of 1623.
Mr. Balch has prefixed to the volume an introduction in which he states what is known of the author and supplies a very brief but interesting synopsis of the work.
The name is peculiar but significant, for Cyneas, as related by Plutarch in his Life of Pyrrhus, was an orator and favorite of Pyrrhus whose ambition it was to conquer the known world, after which he expressed an intention to take his ease, to drink and be merry. Cyneas regarded the conquering of the world as a somewhat exorbitant price to pay for the ease, drink and making merry, and suggested to his royal master that, if that be the end of his toils, there is nothing to hinder" us from drinking and taking our ease now when we have already those things in our hands, at which we propose to arrive through seas of blood, their infinite toils and dangers, their innumerable calamities, which we must both cause and suffer."
Crucé is the modern Cyneas and counsels the princes, to whom his work was especially dedicated, to cultivate peace, to eschew war, and to settle their controversies by peaceful means, to-wit, arbitration. Crucé