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Baltic States" was the topic of Baron Heyking, late Russian Consul General in London.
Mr. William Latey, of the Middle Temple, presented a paper on “The World Court of Justice." He gave an analysis of the provisions therefor and stated what had been accomplished towards organizing and manning the court.
Dr. Arthur K. Kuhn, of New York, presented an admirable paper on “The Laws of War and the Future." He pointed out the need of codification and more effectual application, next considered the attitude of the Peace Conference and further discussed future sanctions for the laws of war. He declared in closing, "civilization cannot survive the next great war if it is to be conducted d outrance." To prevent such a cataclysm the nations must cooperate, not alone to prevent war, but also to limit its destructiveness and to mitigate its cruelty."
The subject "Combatants and Non-Combatants” was treated by Sir Graham Bower and there was a variety of opinion and earnest debate.
The “Treatment of Prisoners of War" was considered, and a report by the committee thereon, Lord Justice Younger, Chairman, was received, submitting proposed regulations. It was debated and revised and finally a draft in twenty-four articles covering nine pages was agreed to. It carried out in the main the rules formulated at The Hague. It gave rise to much discussion and especially to a very interesting and instructive debate as to the distinction between military prisoners of war and civilian prisoners and persons interned in war.
Dr. Alfred Sieveking treated at length "Continuous Voyage"; Dr. G. M. W. Jellinghaus and R. S. Fraser “The Status of the Individual in International Law.” Lt. Colonel Alexandre Morawski discussed “Le Droit d 'Option," or the right of choice of nationality, and a “Projet de Convention concernant le droit d'option par rapport aux Etats nouvellement créés" was submitted.
The aviation section of the Association held a conference and a report was submitted of the committee appointed on the subject at the Conference of 1920. Recommendations as to limitations on night flying, after long debate and much misunderstanding, were withdrawn. A provision was recommended that "no action shall lie for trespass or nuisance by reason purely and solely of the flight of any aircraft over any property at a reasonable height"; also one making the owner and charterer of aircraft jointly and severally liable for damage caused thereby, without proof of negligence, in the absence of contributory negligence by the one damaged, and providing for the detention of the aircraft until security is given.
Mr. J. Kosters submitted an elaborate paper on “La Reconnaisance des Effets de Jugements Etrangers," and an "Avant-Projet d'un Traité concernant l'Execution des Jugements Etrangers” covering some eleven pages was presented and discussed.
It was resolved that a commission be named to consider jointly the last two topics, they being intimately connected.
Dr. Edwin Katz presented in German a paper on “Weltmarkenrecht.” After debate, a cautious resolution that "international treaties establishing a world's trade mark law are to be recommended as a matter of study" was carried nem. contra.
Prof. Suyling of Utrecht presented a paper on “Double Taxation in the British and Dutch Income Tax Acts." He discussed the question whether to prevent double taxation the necessary sacrifice shall be made by "the State where the twice taxed income is derived from, or the State where the taxpayer resides." He suggests that the state of residence relieve the taxpayer to the extent of one half of the income derived from abroad. He shows that Great Britain and Holland have made provision to alleviate the hardship of double taxation in respect to their dominions and colonies and that this action shows that both countries feel strongly the harm caused by double taxation. He shows the burden is now so great as to be liable to weaken the energy of producers and becomes of public concern, approaching as it does to confiscation. That such alleviation as is suggested, it is hoped, may remove impediments which bar the free development of the industries of the countries involved.
A very interesting discussion followed in which the case of one who inherited from a great uncle some goods in Belgium, the title to which was in France, was cited. The double taxes exceeded one hundred per cent and the unfortunate beneficiary could not touch a centime of his succession but was found in debt to France for a certain sum.
The matter of "Multiple Taxation" was recommended for further examination by the committee.
Dr. Jitta presented a paper on “International Rules relating to the Sale of Goods,” including a “Rough Draft of a Set of General Principles" in twelve subdivisions looking to remove the inconvenience of conflicting laws.
Dr. Craandyk followed with a more extended paper on the subject, and advised that a committee be appointed by the Conference to prepare and formulate international rules as to the sale of goods, and that contact with men of business and representative associations be sought in the matter. The nomination of a special committee for the above purpose was recommended by a vote.
Mr. Wyndham A. Bewes read a paper on “Contractual Capacity" contending that it ought to be governed by local law and not by that of the nation or domicil of the contractor.
Dr. Bisschop presented a paper on “International Court of Appeals in Civil Matters”; Mr. Finer one on "Comparative Public Administration"; Mr. Wolterbeek Muller on “Rapports entres les Pouvoirs Exécutif et Judiciaire aux Pays-Bas."
On the closing day, Mr. Hollis Bailey, of Boston, moved a resolution in favor of the creation of a committee for preparing, approving and publishing a code of public international law, which was referred to the Executive Council.
The Maritime Law Committee The Proceedings of the Maritime Law Committee, as has been said, fill a separate volume of 312 pages and must be mentioned as of most especial value.
The Deck Cargoes Sub-committee, as a result of some nine years of investigation and consultation with many interests, having regard to the loss of life and of property due to improper deck loading, especially deck loads of wood and timber, reported in favor of regulation.
(1) That all ships which carry deck cargoes exceeding five per cent. of their total dead weight capacity should have a certificate indicating their fitness to carry such deck cargoes.
(2) That a uniform system of issuing certificates of fitness should be adopted by the various maritime States.
(3) That with a view to arriving, if possible, at a uniform system in the various maritime States, it should be submitted to international expert opinion to decide whether, in addition to the above requirements, a uniform system of fixing a special load line and for absolute regulations restricting height and weight of deck cargoes would be desirable.
(4) That in any case the British regulations with regard to light woods can be modified with advantage.
An appendix shows at length the present state of the law of the principal maritime nations on this subject.
The Hague Rules on Affreightment After long debate, in which ship-owners, cargo owners, lawyers, representatives of insurance companies and of chambers of commerce from many lands had contrasted and considered the various rules prevailing, draft rules to be known as “Hague Rules, 1921, defining the Risks to be assumed by Sea Carriers under a Bill of Lading” were carried unanimously. To any one examining the record of the discussion, the vast and varied knowledge represented on the committee, the earnest and laborious participation of all interests, the courageous and resolute refusal of assent until an exact expression of a just rule had been found, together with the courtesy and good temper prevailing and the reasonable and business like methods adopted, must make a profound impression. Rules so formulated are sure to carry the utmost weight with all governments. Among the recommendations adopted was that “these Rules should apply to ships owned or chartered by any Government other than ships exclusively employed in naval or military service.” The discussion was without secrecy, representatives of the press were present and the results appeared instantly in the Shipping Gazette. The resolutions and rules are fully printed not only in English and French,
the official languages of the Conference, in the report, but also in Spanish, Italian, German, Dutch and Norwegian.
This writer is newly impressed on examining these proceedings with the practical character of the topics considered and the thorough and workmanlike way in which all views are obtained, contrasted, discriminated and considered and either adopted or rejected. The Association is distinctly not inclined to be academic only. Expert knowledge is sought from property owners and shippers, from expert sailors and insurers, as well as from lawyers and judges. The differences between English and continental law are fully recognized and, in the interest of international uniformity, adjustments are sought and, in the long run, often won by unanimous agreement.
The hope expressed in the preface of the committee's report is that “The Hague Rules 1921 will
mark a period in a controversy of some forty years' standing and provide a useful example in the voluntary settlement of questions of universal trade by international co-operation and mutual consent."
It is an achievement worthy of the Association whose great accomplishment was theretofore “the unification of the rules of general average" known as the York-Antwerp Rules, in 1877 (revised in 1890). These rules are today incorporated in bills of lading and charter-parties the world over. May equal success and equal usefulness attend these recently formulated!
It is appropriate to mention that by resolution it was declared that "it is the sense of this Assembly that a branch be formed in the United States of America." Action has been accordingly taken. An American branch which, in its last printed report, showed 103 members, has been formed. The officers of this branch are: Honorary President, Hon. William Howard Taft; President, Hollis R. Bailey; Honorary Vice-Presidents, Rt. Hon. Sir James Aikins, Rt. Hon. Sir Robert Borden, Hon. John W. Davis, Hon. Everett P. Wheeler; Vice-President, Hon. Charles B. Elliott; Treasurer, Hamilton Vreeland, Jr.; Honorary Secretary, Arthur K. Kuhn; and Chairman of the Executive Committee, this writer.
It may be of interest to add that the Association will hold its annual conference this year at Buenos Aires in the first week of September.
CHARLES NOBLE GREGORY.
CHRONICLE OF INTERNATIONAL EVENTS
FOR THE PERIOD MARCH 1-May 15, 1922
(With references to earlier events not previously noted.)
Abbreviations: Adv. of peace, Advocate of peace; B.1.1.1., Bulletin de l'Institut Intermediaire International; Bd. of Trade J., Board of Trade Journal (London); Bundesbl., Switzerland, Bundesblatt; Clunet, Journal du droit international; Cmd., Great Britain, Parliamentary papers; Commerce Reports, U. S. Commerce reports; Cong. Rec., Congressional Record; Contemp. R., Contemporary Review; Costa Rica, Ga., La Gaceta; Cuba. B.O.Sec. de Estado, Boletin Oficial de la Secretaria de Estado; Cur. Hist., Current History (New York Times); D.G., Diario do Governo (Portugal); D.O., Diario oficial (Brazil); Deutsch. Reichs., Deutscher Reichsanzeiger; E. G., Eidgenossiche gesetzblatt (Switzerland); Edin. Rev., Edinburgh Review; Europe, L'Europe Nouvelle; Evening Star (Washington); Figaro, Le Figaro (Paris); G. B. Treaty series, Great Britain, Treaty series; Ga. de Madrid, Gaceta de Madrid; G. U., Gazetta Ufficiale (Italy); Guatemalteco, El Guatemalteco; 1. L.O. B., International Labor Office Bulletin; J. O., Journal officiel (France); L. N. M. S., League of Nations, Monthly Summary; L. N.0.J., League of Nations, Official Journal; L. N. T. S., League of Nations, Treaty series; Lond. Ga., London Gazette; Monit., Moniteur Belge; Nation (N. Y.); N. Y. Times, New York Times; Naval Inst. Proc., U. S. Naval Institute Proceedings; P. A. U., Pan American Union Bulletin; Press Notice, U. S. State Dept. Press Notice; Proclamation, U. S. State Dept. Proclamation; R. G. D. I. P., Revue Générale de Droit International Public; Reichs G., Reichs-Gesetzblatt (Germany); Rev. int. de la Croix-Rouge, Revue international de la Croix-Rouge; Staats, Netherlands Staatsblad; Staatscourant, Nederlandsche Staatscourant; Temps, Le Temps (Paris); Times, The Times (London); Wash. Pos!, Washington Post.
July, 1921 16 BRAZIL-GREAT BRITAIN. Treaty of 1826 for abolition of slave
trade, terminated. London Ga., Apr. 4, 1922, p. 2717. August, 1921 12 ARGENTINA-COLOMBIA. Ratifications exchanged of arbitration
treaty signed Jan. 20, 1912. P. A. U., April, 1922, p. 406. September, 1921 27 COLOMBIA-GREAT BRITAIN. Treaty of 1851 for abolition of slave
trade, terminated. London Ga., Apr. 4, 1922, p. 2717. October, 1921 28 LIBERIA-UNITED STATES. Agreement for a $5,000,000 loan to
Liberia signed at Washington. Text: Nation (N. Y.) May 31, 1922,