Page images
PDF
EPUB

has already taken in hand, so soon as funds are available; but it would be premature to ask it at present to carry its enquiries further. It would be better to await the results of the work which it has already accomplished.

V. CONCLUSION

As conclusion to the above observations, your Sub-Committee proposes that you should adopt and submit to the Assembly the following draft resolution:

(See resolution adopted by the Assembly September 27, 1927, printed supra, page 231.)

(b) Proposal by the Delegation of Paraguay for the Preparation of a General and Comprehensive Plan of Codification of International Law REPORT SUBMITTED BY THE FIRST COMMITTEE TO THE ASSEMBLY

Rapporteur: Dr. CABALLERO (Paraguay)

The First Committee referred the proposal of the delegation of Paraguay to the Sub-Committee which it had appointed to report on the various questions arising out of the work of the Committee of Experts for the Progressive Codification of International Law. The Sub-Committee consisted of M. ROLIN (Belgium), Sir Cecil HURST (British Empire), M. POLITIS (Greece), Dr. LIMBURG (Netherlands), Dr. CABALLERO (Paraguay), Count RosTWOROWSKI (Poland), M. GUERRERO (Salvador) and M. LÖFGREN (Sweden). The Sub-Committee adopted a report which was approved with slight modifications by the First Committee on September 23, 1927. The First Committee submits this report to the Assembly and recommends the latter to adopt the resolution contained therein.

REPORT OF THE SUB-COMMITTEE

Rapporteur: Dr. CABALLERO (Paraguay)

The First Committee has asked the Sub-Committee to present a report on the proposal submitted by the delegation of Paraguay at the plenary meeting of the Assembly on September 10, 1927, inviting the Council to entrust the Committee of Experts with the preparation of a general and comprehensive plan of codification of international law, paying due regard, as far as possible, to the work of codification which is being carried on in America.

It is unnecessary to mention the considerations which led the delegation of Paraguay to submit this proposal, as they were explained in detail both in the Assembly and at the meeting of the First Committee on September 16, 1927.

The proposal was referred to the Sub-Committee of the First Committee, for consideration in the light of the results already obtained by the Committee

of Experts for the Progressive Codification of International Law, and bearing in mind the views and opinions expressed by the First Committee.

The Sub-Committee considers that the proposal of the delegation of Paraguay is of the highest interest for the attainment of unity and universality in international law.

It is of opinion that it would be advisable to consider the possibility of framing a general draft plan of codification, with special reference to nomenclature, and the systematic classification of subjects, with a view to their progressive codification as and when they are considered sufficiently ripe.

In carrying out this task, regard should be had, as far as possible, both from the scientific and practical standpoints, to the advance of theory, to the work already accomplished by learned bodies and to the vast and remarkable efforts at codification which are being carried on in America.

The task might be entrusted to a special Committee chosen by the Council; the members of this Committee should not merely possess individually the required qualifications, but should also represent the main forms of civilization and the principal legal systems of the world. The Sub-Committee, however, considered that it would be premature to appoint any special organ for the purpose at the present time. It is preferable to wait until the Assembly is in a position to draw up the future program of work for the Committee of Experts. It would be sufficient for the moment to invite the Committee of Experts to consider at its next session the conditions under which the problem might be investigated and to present a report to the Council, which would communicate these suggestions to the Assembly.

The Sub-Committee has accordingly the honor to propose that the following draft resolution be submitted to the Assembly for its approval:

(See resolution adopted by the Assembly September 27, 1927, printed supra, page 232.)

INDEX

Administration of property of absent persons. Int. Com. Jurists Project. 283.
Adoption of children. Int. Com. Jurists Project, 282; Res. Inst. Int. Law, 343.
Adverse possession. Int. Com. Jurists Project. 300.

Agencies of foreign companies, nationality of.

Report of S. Rundstein. 191.

Agents, special immunities of. Int. Com. Jurists Project. 250.

Air navigation, international. Int. Com. Jurists Project, 306; Res. Inst. Int. Law. 334.
Aircraft, belligerent. Int. Com. Jurists Project, 262; Res. Inst. Int. Law, 334.
Aix-la-Chapelle protocol on classification of diplomatic agents. 113.

Albertini. Cited on diplomatic agents. 115.

Aleatory contracts. Int. Com. Jurists Project. 298.

Aliens, State responsibility for injuries to. Res. Inst. Int. Law, 330; government replies to
League of Nations questionnaire, 15; ripe for international agreement, 220; on
program of codification conference, 231, 346.

Aliens, status of. Int. Com. Jurists Project. 242, 311, 319.

Alvarez, Alejandro. Projects considered by International Commission of Jurists. 234.
American Institute of International Law. Projects considered by International Commission
of Jurists, 234; to continue study of international law codification, 328; project on
diplomatic protection, cited, 195, 196; work cited in reports to League of Nations,
219, 349, 353.

Annuities. Int. Com. Jurists Project. 297.

Antioquia, S. S. Case of, Moore, Digest, VI, 645. Cited. 199.

Appeal for annulment of foreign laws. Int. Com. Jurists Project. 323.

Arbitral procedure. Res. Inst. Int. Law.

339.

Arbitration. International, Int. Com. Jurists Project, 271; private, Int. Com. Jurists
Project, 298.

Arbitration tribunals for American continent. Proposition presented to Int. Com. of
Jurists. 236.

Arbitrators, immunities of. Int. Com. Jurists Project. 251.

Archives, consular, inviolability of. Int. Com. Jurists Projects, 257, 314; report of G.
Guerrero and A. Mastny, 109.

Argentine Republic. Proposition presented to Int. Com. Jurists, 236; law on requisitions
and letters rogatory, 57; nationality of corporations, 183; replies to League of Nations
questionnaire on responsibility of states, 15.

[blocks in formation]

Associations, nationality of. Int. Com. Jurists Project, 275; civil capacity, 277; report of
S. Rundstein, 189.

Asylum. Int. Com. Jurists Projects, 252, 258, 265; report of G. Guerrero and A. Mastny,

[blocks in formation]

Australia. Replies to League of Nations questionnaires on nationality, 6; territorial waters,
8; diplomatic privileges and immunities, 13; responsibility of states, 15; procedure of
international conferences and conclusion of treaties, 22; piracy, 28.

Austria. Law on requisitions and letters rogatory, 57, 61, 63; replies to League of Nations
questionnaires on nationality, 6; territorial waters, 13; diplomatic privileges and
immunities, 14; responsibility of states, 20; procedure of international conventions
and conclusion of treaties, 23; piracy, 33.

Authentication of documents. Res. Inst. Int. Law. 342.

Auxiliary ships of belligerents in neutral ports. Int. Com. Jurists Project. 260, 262.

Baarch and Romer v. Venezuela. Netherlands-Venezuela Joint Comm. Cited. 199.
Bailment. Int. Com. Jurists Project. 298.

Bankruptcy. Int. Com. Jurists Project. 323.

Bar, Von, Lehrbuch des Internationalen Privat-und Strafrechts. Cited. 65.

Bases of naval operations in neutral waters. Int. Com. Jurists Project. 260, 263, 267.
Belgium. Law on requisitions and letters rogatory, 55; nationality of corporations in, 183;
replies to League of Nations questionnaires on nationality, 6; diplomatic privileges and
immunities, 14; responsibility of states, 16; procedure of international conferences and
conclusion of treaties, 23; piracy, 28; products of the sea, 36.

Belligerents, rights and duties of. Int. Com. Jurists Project. 260.

Bills of exchange. Int. Com. Jurists Project. 305.

Blokland, B. van. Remarks on codification conference at The Hague. 228, 230.
Bluntschli, Das moderne Völkerrecht. Cited.

121.

Bogota. International commission of investigation at. Int. Com. Jurists Project. 269.
Borchard, Les principes de la protection diplomatique des nationaux à l'étranger. Cited.
195.

Bottomry bonds. Int. Com. Jurists Project 307.

Branch establishments of foreign companies, nationality of. Report of S. Rundstein.

191.

Brazil. Law on requisitions and letters rogatory, 62; replies to League of Nations ques-
tionnaires on nationality, 6; territorial waters, 9; diplomatic privileges and im-
munities, 14; responsibility of states, 16; procedure of international conferences and
conclusion of treaties, 22; piracy, 32.

British dominions and the most-favored-nation clause. Report of G. W. Wickersham. 141.
Brussels convention of unification on rules with regard to state-owned vessels. Cited.
19, 26, 130.

Buenos Aires. International commission of investigation at. Int. Com. Jurists Project.
269.

Bulgaria. Replies to League of Nations questionnaires on nationality, 6; territorial waters,
9; diplomatic privileges and immunities, 14; responsibility of states, 17; procedure of
international conferences and conclusion of treaties, 22; piracy, 27.

Bustamante, A. S. de. Project of code of private international law, 273; cited, 189.

Caballero, Dr. Report on codification of international law. 352.

Cables, neutral. Int. Com. Jurists Project. 263.

Cables, submarine. Res. Inst. Int. Law. 338.

Calvo, Droit International Théorique et Pratique. Cited. 121.

Calvo clause. Report of S. Rundstein on diplomatic protection of commercial corporations
and companies, 196; observations of W. Schücking, 211.

Canada Southern Ry. v. Gebhard (1883), 109 U. S. 527. Cited. 199.

Canevaro v. Peru. Cited. 201.

Capture, right of. Int. Com. Jurists Project. 259.

Ceremonial, consular. Int. Com. Jurists Project, 255; report of G. Guerrero and A. Mastny,
108, 110.

Charter parties. Int. Com. Jurists Project. 307.

Chauncey v. Chile, Chilean-American Joint Comm. Cited. 199.

Checks, conflicts of laws in the matter of. Int. Com. Jurists Project, 305; Res. Inst. Int.
Law, 344.

Chile. Reply to League of Nations questionnaire on responsibility of states. 17.
Civil law, international. Int. Com. Jurists Project. 274.

Civil registry. Int. Com. Jurists Project. 286.

Civil war:

Obligations of states in event of. Int. Com. Jurists Project. 267.
State responsibility for injuries by. Res. Inst. Int. Law. 331.
Claims for damages for injuries to aliens, pacific settlement of.

Res. Inst. Int. Law. 333.

Codification of International Law. Resolution of League of Nations Assembly, September
22, 1924, v; September 27, 1927, 231; reports and questionnaires adopted at third
session of the League of Nations Committee of Experts, 1; report of League of Nations
Committee on questions which appear right for regulation, 4; Paraguayan proposal,
232, 352; official conference recommended by League of Nations, 41, 215, 231, 233,
347; projects of International Commission of Jurists, Rio de Janeiro, 1927, 234;
resolutions of the Institute of International Law, 1927, 330.

Collisions of ships or aircraft. Int. Com. Jurists Project. 307.

Colombia. Proposition presented to Commission of Jurists at Rio de Janeiro. 236.
Comity of nations. Judicial coöperation in penal matters. Report of W. Schücking. 47.
Commanders of public vessels. Immunity from local jurisdiction. Int. Com. Jurists

Project. 313.

Commercial activities of foreign states. Jurisdiction of courts over. Report of M.
Matsuda, 118; Int. Com. Jurists Project, 313.

Commercial contracts. Int. Com. Jurists Project. 302.

Commercial registry. Int. Com. Jurists Project. 302.

Commissions of investigation. Int. Com. Jurists Project. 268.

Commissioners, immunities of. Int. Com. Jurists Project. 250.

Community property. Int. Com. Jurists Project, 288.

Companies, commercial. Int. Com. Jurists Project, 302; reports of League of Nations
Committee of Experts, 157, 171.

Comparative legislation. Office recommended. Int. Com. Jurists Project. 328.
Compromises, private. Int. Com. Jurists Project. 298.

Conciliation, procedure of. Int. Com. Jurists Project, 271; Res. Inst. Int. Law, 340.
Conference on the codification of international law. Recommended by Committee of Ex-
perts, 41; approved by League of Nations Council, 215, 223; resolution and report of
Assembly, 215, 345; preparatory committee, 224, 233, 348.

Conference on exploitation of the products of the sea recommended by Committee of
Experts. 44.

Conflicts of laws in the matter of checks. Int. Com. Jurists Project, 305; Res. Inst. Int.
Law, 344.

Consular archives. Inviolability of. Int. Com. Jurists Projects, 257, 314; report of G.
Guerrero and A. Mastny, 107, 109.

Consuls. Int. Com. Jurists Projects, 255, 313; questionnaire of League of Nations Com-
mittee of Experts, 104.

Contracts. Int. Com. Jurists Project. 293.

Control as standard of nationality of commercial corporations. Report of S. Rundstein. 176.
Conventions to be concluded at codification conference proposed by League of Nations.
232, 350.

Copenhagen Council for Exploration of the Sea to coöperate in preparatory work of inter-
national conference, 44, 232, 236, 347.

Copyrights. Int. Com. Jurists Project 286, 287.

Corporations, commercial, legal personality of. Report of League of Nations Committee of
Experts, 157; draft provisions, 165, 166; referred to Hague conference on private
international law, 226; Int. Com. Jurists Project, 303.

Corporations, nationality of. Report of League of Nations Committee of Experts, 171;
draft convention, 204; referred to Hague conference on private international law,
226; Int. Com. Jurists Project, 275, 277.

Costs of judicial coöperation in penal matters. Report of W. Schücking. 86.

Countervailing duties and the most-favored-nation treatment. Report of G. W. Wicker-
sham. 147.

Courts, national. Jurisdiction over foreign states. Report of M. Matsuda, 118; Int. Com.
Jurists Project, 313.

« PreviousContinue »