Oktober, 1907 (1911). Each of these is useful, and two of them, namely, Capture in War on Land and Sea and the Commentary upon the Hague Conventions concerning the pacific settlement of international disputes of October 18, 1907, are distinct contributions to the subjects of which they treat. A fourth, dealing with the problems of a permanent international court is, it is understood, in press and will be published before the present (July) number of the JOURNAL appears.

In view of Dr. Wehberg's remarkable and intelligent activity in certain fields of international law, it is proposed to examine some of his more important articles which have appeared as reprints and two of his brochures, in order to understand his point of approach and the point of view from which the various problems of international law which he treats are discussed. In the volume entitled Capture in War on Land and Sea, Dr. Wehberg urges the argument that "a capture of an enemy's commerce as a means of bringing a war to an end was never a good one and is now weaker than ever," and, in the language of the reviewer of this volume, "both introduction and text are vigorous and trenchant attacks on militarism and imperial policies, and especially on the attitude, the dangers and necessities of England as compared with the continental countries in this respect." The reviewer concludes that "the work is, of course, not a text-book for reference, like Bordwell's 'Law of War' or a brief compendium like Phillimore's excellent monograph on booty, but a strong, learned, radical and useful (if not in all parts wholly convincing) plea for the abolition of capture in war on land and sea, and much that is presented is valuable, original and impressive."

Dr. Wehberg appears in this, his earliest elaborate work, as a determined opponent of militarism and imperial policies generally, and in a recent contribution to the Friedens-Warte he states frankly that he is not only happy but proud to be a pacifist. (Friedens-Warte, May, 1912, p. 179). It is therefore from the standpoint of the convinced pacifist. that Dr. Wehberg writes, and the pacifists are to be congratulated upon their brilliant recruit. The personal equation is to be noted and borne in mind in considering Dr. Wehberg's various contributions. There are, however, pacifists and pacifists, and it is therefore necessary to consider his definition of the term and of the peace movement, in order to estimate the value and the importance of his literary activity. In the admirable brochure entitled Die Internationale Friedensbewegung (1911), a pamphlet of 47 pages, Dr. Wehberg gives the clearest evidence that, in his opinion, its aims are practical and possible of realization.

Thus, he rejects as wholly untenable the idea of a world-state (page 47) and looks upon this as discarded by the advocates of peace. He does not consider the mere preservation of peace as the aim and purpose of the movement, because the maintenance of peace by large standing armies involves economic waste and blocks the progress of social reform. He looks upon peace as essential to the continuous and orderly development of industry and commerce, and in the internationalization of industry and commerce he finds the best guarantee of peace. He shows clearly that each country is more and more dependent upon its neighbors, that the rapid means of transportation and communication either have made. or will make the most distant portions of the world neighbors in the economic sense of the word, that industry and commerce can no longer be confined within national lines, that the attempt of the Italian Government to nationalize and create by law a monopoly of insurance societies threatens the success of Italian institutions of this kind, because the large enterprises, even although they originate and operate principally in any one country, are nevertheless dependent upon foreign capital. This phase of the subject he treats at very considerable length in a contribution entitled Das Völkerrecht und das italienische Staatsversicherungsmonopol (1912), which has been reprinted in pamphlet form from the Österreichische Zeitschrift für öffentliche und private Versicherung, in which it originally appeared.

These international relations require a law for their regulation and for the settlement of the conflicts that necessarily arise. He therefore devotes very considerable attention to the various economic and commercial unions which have been created and looks upon them as but steps to a larger international organization.

International law is to be developed to meet international needs, when and as they arise, and the Hague Conference is pointed to as the appropriate method for developing this conventional law. But this law requires to be interpreted in such a way as to bind the parties to the conventions creating it, and the conflicts which arise regarding the interpretation or the application of this law, as well as the disputes between nations, are to be adjudicated by a permanent court, which does not need to be constituted for the special case, and whose decisions will bind not merely the parties to the suit but the nations parties to the conventions and international agreements, as well as develop the principles of international law through the adjudication of concrete cases. Dr. Wehberg has, since the publication of his Texts of the Hague Conferences

(1910), clarified and developed his ideas on this important subject. For instance, he looked with indifference upon the failure of the project of the Second Hague Conference creating a truly permanent court. Thus he said: "I do not personally regret that this project failed. However much the development may have been toward substitution of the list. of the present permanent court by a really permanent judiciary, nevertheless the time did not seem to have been ripe in 1907; above all, the need was lacking." (Abkommen, pp. 35-36.)

In his more recent contributions, Dr. Wehberg is a partisan of a truly permanent court which shall decide disputes between nations as national courts decide disputes between individuals whose awards are not to be executed by force, but left to the good faith of the litigating nations. This newer view, which to the reviewer seems incontrovertible, appears in unmistakable terms not only in the Internationale Friedensbewegung (1911), Internationale Schiedsgerichtsbarkeit (1911), but in an extreme form in an article entitled Ein internationaler Gerichtshof für Privatklagen (1911), in which foreign creditors would be given the right to sue debtor states, without the requirement that the governments of the creditors should approve or appear in behalf of their citizens or subjects, and he cites for this, Article 2 of the convention of December 20, 1907, establishing the Central American Court.

The creation of a truly permanent international court has thus become a favorite subject with Dr. Wehberg, and he regards its establishment and successful operation as necessary to any enlightened system of international organization. To get the cases before the court, he advocates treaties of arbitration between the nations and, above all, to use a favorite expression of Baron Marschall von Bieberstein "a mondial treaty," which, however, shall not create such an extensive obligation as treaties between individual states. He regards a willingness to submit cases and a public opinion compelling their submission as infinitely more important than paper agreements, and in this connection he points out the defects in the recent proposed treaties between the United States, Great Britain and France, which have appeared to many observers, but which have, it would appear, not hitherto found expression. Thus, he says that the commission of inquiry proposed by these treaties would withdraw cases from arbitration, and the adjustment reached would be in the nature of a compromise by which "a development of international law would be wholly frustrated and the aim of international arbitration belittled." (Die internationale Friedensbewegung, p. 36.)

and the eighteenth centuries renewals of treaties were commonly negotiated. Gradually rules to be specially operative in the case of war were introduced. Rights of the nature of servitudes were only temporarily suspended.

From 1815 the influence of the readjustment of political ideas which the Napoleonic era had forced upon Europe is evident in the doctrine in regard to treaties. Commerce in the modern sense and the newer systems of insurance make the incidence of loss from war less certain. The multiplication of international unions is an evidence of community of interests which mitigates against war. Yet in spite of the many reasons why war should not terminate all treaties there are some who still maintain the abstract doctrine that "war puts an end to all treaties." Most of these admit that there are exceptions. Others would maintain that "treaties subsist in spite of war."

The author also considers briefly the effect of recent wars upon treaties. He selects the Crimean War of 1856, the Franco-Prussian War of 1870, the Russo-Turkish War of 1878, the Chino-Japanese War of 1893, the Greco-Turkish War of 1897, the Spanish-American War of 1898, and the Russo-Japanese War of 1904.

Maintaining that instead of destroying treaties, war only modifies their operation, Dr. Jacomet says that the old doctrine that war puts an end to treaties should fall into oblivion with other errors which persist because they were held in the past. He, of course, admits that treaties of the nature of political alliances and economic agreements come to an end by reason of war. In the study which he has made Dr. Jacomet sees a proof of the ultimate triumph of law over force.

In the bibliography it is sometimes difficult to determine to what book reference is made because the edition is not mentioned. Such errors as the listing of David Dudley Field under "Dudley," the listing the works of Professor N. Ariga under "Nagao-Ariga" and the entry of Professor Moore as "Moore (J. Bassot)" are noticed.

GEO. G. WILSON.

La Question du Danube. By G. Demorgny. Preface by Louis Renault. Paris: Library of the Society of Recueil Sirey. 1911. Price 5 francs.

One of the characteristics of the beginning of the twentieth century is without doubt the organization of the Society of States, of which the different elements multiply: in Europe these are, besides the international

and Article 83, dealing with the so-called revision of the arbitral award (pp. 144-150).

The book is but a pamphlet of 185 pages, including a serviceable index of matters as well as names, and was originally published as an appendix, to the Archiv des öffentlichen Rechts for 1911. In the reviewer's opinion, this "Commentary" is the most scientific, and at the same time the most useful, analysis of the convention for the pacific settlement of international disputes, which the late Mr. Holls aptly called the Magna Charta of international law.

The peace movement needs the services of partisans trained in international law, if it is to accomplish useful results and develop an international organization, which shall be consistent with international conditions as they have resulted from centuries of growth and development. It is a matter of congratulation that a man of Dr. Wehberg's attainments has given himself unreservedly to the cause.

JAMES BROWN SCOTT.

La Guerre et les Traités. By Robert Jacomet. Paris: H. Charles-Lavauzelle. pp. v, 188.

The production of such a book as this by an army officer who is at the same time a doctor of law should be a hopeful sign for those who are anxious to hasten the coming of peace. This book shows in logical manner how little truth there now is in the old maxim, "war puts an end to treaties."

The author recognizes his indebtedness to the course given by Professor Politis to whom he dedicates the book. The book is divided into two parts: I. War and the Treaties from 1648 to 1815; II. War and the Treaties from 1815 to the present time. The Introduction traces the early evolution from the homo homini lupus idea through the feudal and other stages showing the development of the recognition of rights consequent upon the extension of economic and other relations.

From 1648, rights which had before been maintained by a few states became generally admitted. Some of these rights, as in military occupation, were regarded as binding even if no treaty provision existed. The treaty provisions were generally bilateral till early in the eighteenth century. In this century the influence of the different doctrines as set forth by writers began to have decided weight. The prevailing opinion was that war put an end to a treaty except as clauses in the treaty provided for the existence of war. At the end of the wars in the seventeenth