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BOOK REVIEWS – Continued.

Landa: The Alien Problem and its Remedy...

554

Hackett: Reminiscences of the Geneva Tribunal of Arbitration.

557

B. de Jong: In't Zicht der Derde Vredesconferentie..

560

Saiki: The World's Peace.

562

Phillipson: The International Law and Custom of Ancient Greece and Rome.. 565

Wehberg: Die Abkommen der Haager Friedenskonferenzen, der Londoner

Seekriegskonferenz nebst Genfer Konvention; Sind die Ansprüche der

Gebrüder Mannesmann nach Treu und Glauben in vollem Umfange zu

rechtfertigen?; Die internationale Friedensbewegung; Internationale Schieds-

gerichtsbarkeit; Ein internationaler Gerichtshof für Privatklagen; Das Vol-

kerrecht und das italienische Staatsversicherungsmonopol; Kommentar zu

dem Haager Abkommen betreffend die friedliche Erledigung internationaler

Streitigkeiten" vom 18. Oktober, 1907 ..

760

Jacomet: La Guerre et les Traités.

765

Demorgny: La Question du Danube ..

766

Edler: The Dutch Republic and the American Revolution

768

Martini: L'Expulsion des Etrangers

770

Chaunier: La Bulgarie. Étude d'histoire diplomatique et de droit interna-

tional.

Willoughby: Principles of the Constitutional Law of the United States. . 776

Nys: Une clause des traités de 1814 et de 1839 Anvers, Port de Commerce".. 778

Poortugael: La Naturalité sur l'Escaut..

778

Morris: International Arbitration and Procedure.

781

Higgins: War and the Private Citizen..

784

Bouvé: Exclusion and Expulsion of Aliens in the United States..

. 1030

Paullin: Diplomatic Negotiations of American Naval Officers.

.1032

Charmes: Les Questions actuelles de Politique étrangère en Europe.

1035

Gribowski: Das Staatsrecht des Russischen reiches.

.1037

Erich: Das Staatsrecht des grossfürstentums Finnland.

.1039

Strupp: Urkunden zur Geschichte des Völkerrechts . .

. 1041

Report of Conference: Nationalities and Subject Races .

.1045

Wilson: Handbook of International Law...

.1049

Barclay: The Turco-Italian War and its Problems.

1050

Asmundo: L'Arte della Pace. .

.1052

Oppenheim: International Law.

. 1054

Stael-Holstein: La Réglementation de la guerre des airs.

1056

Balch: International Courts of Arbitration.

. 1057

Porter: The Full Recognition of Japan .

.1058

PERIODICAL LITERATURE OF INTERNATIONAL LAW. Kathryn Sellers 268, 569,

788, 1063

SUPPLEMENT

- IMPORTANT TEXTS OF AN INTERNATIONAL CHARACTER

THE AMERICAN JOURNAL OF INTERNATIONAL Law is supplied to all members of
the American Society of International Law without extra charge, as the membership
fee of five dollars per annum includes the right to all issues of the JOURNAL published
during the year for which the dues are paid. (Members residing in foreign countries
pay one dollar extra per annum for foreign postage.)

The annual subscription to non-members of the Society is five dollars per annum
(one dollar extra is charged for foreign postage), and should be placed with the pub-
lishers, Baker, Voorhis & Company, 45 and 47 John Street, New York City.

Single copies of the JOURNAL will be supplied by the publishers at $1.25 per

copy.

Applications for membership in the Society, correspondence with reference to

the JOURNAL, and books for review should be sent to James Brown Scott, Editor in

Chief, 2 Jackson Place, Washington, D. C.

THE DEVELOPMENT AND FORMATION OF INTER

NATIONAL LAW *

1. LAW AND ITS PHILOSOPHIC ASPECT

“ Law in general,” says Montesquieu, “is human reason so far as it controls all the people of the earth, and the political and civil laws of each nation can only be considered as individual cases in which this human reason is applied.” Reason was held by the Romans to constitute one of the fundamental elements of law. Cicero announced the existence of “a veritable law, true reason (recta ratio), in conformity with nature, universal, immutable and eternal, the commands of which constitute a call to duty and the prohibitions of whicli avert evil.”

It is at present unnecessary to consider what influence the Stoic, Academic and Epicurean doctrines had on Roman jurisprudence, and it would be risky to support as absolutely final any view which might be expressed on the subject. During the last phases of the Republic there had already come to exist in the world's capital a fusion of the different schools of philosophy; and traces of the Platonic teachings constantly appear in the expression of the great orator's lofty thought.

However that may be, with the passing centuries, jurists extolled the importance of human reason and lauded its noble and fruitful effects. Francois de Vitoria was one of the most famous representatives of the science of law in the sixteenth century, and according to him, reason was human intelligence, and at the same time freedom of will. In 1563 Ferdinand Vasquez Menchaca, a Spanish lawyer of equal fame, spread the doctrine that natural law was nothing but true reason (recta ratio), an inborn quality of the human race.

Ile who is known as the father of the law of nations, Hugo Grotius, wrote as follows:

* Translated by courtesy of Mr. Clement L. Bouvé, of the Bar of the District of Columbia.

Natural law consists of certain principles of true reason, which teach us that an act is either morally honest or dishonest according to its fitness cr necessary unfitness in so far as it applies to a state of nature founded on reason and social relations, and that consequently God, the creator of all nature, requires or prohibits the commission of such an act.

Barbeyrac, the translator and annotator of the work of Grotius, cited, in connection with this subject, the words of Philo of Alexandria: True reason is a veritable law in itself, a law both incorruptible and eternal, not inscribed by the hand of this or that mortal on documents cr inanimate columns, but blazoned upon an immortal intelligence by the hand of immortal nature.

According to the doctrine of Grotius, natural law orders or prohibits the commission of acts obligatory or unlawful of themselves and by virtue of their own essence. But this natural law is of so immutable a nature that God himself is powerless to change it. Regarding law in general based upon the social relations of the human race, the famous historian is of the opinion that it exists apart from a divine will, and that it would be bound to develop even in the absence of God or in the absence of any divine solicitude for human affairs.

Rolin-Jaequemyns most successfully interpreted this last idea which had been the cause of great difference of opinion between commentators; he was of the opinion that it expressed the meaning that the instinct of sociability and the existence of reason in mankind are facts, proof of which is independent of the existence of a supreme being

II. POSITIVE LAW

This lofty thought is an off-shoot of the philosophy of law, and the philosophy of law does not consist of a collection of useless and contradictory speculations. It is real; it is useful; it constitutes itself a scientific study, the object of which is to discover fundamental principles. Only, side by side with the determination of principles of juridical rules there exists a limitless array of examples and of facts, which ever since the beginning of humanity show that the relations among men, their daily contact and their every action have been controlled by rules which have grown out of custom or resulted

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