But in the forward march of the human spirit it has been felt that there is something else that needs protection and immunity; something that must not be subjected to the ravages of indiscriminate devastation; something that must be befriended by all because it is the friend of all; something that is not the exclusive possession of any one people or race because it is just as much of a blessing and a necessity to civilized life as light and sunshine are to every living being; something that brings happiness to all, and injury to none; something that must be inviolable because it is the reflection of the divine spark kindled within the soul of man; something that we may express with that one word, culture, as indicating the scientific, artistic, educational, moral, and social achievements of all ages and all peoples.

Art and science are claiming inviolability for the treasures which they have accumulated through the ages. Civilization cannot conceive and must not tolerate any longer the perpetration of such acts of vandalism and fanaticism as have been responsible in the past for the burning of libraries, the demolition of temples, the razing of monuments, the devastation of architectural gems which represented the genius and the energy of generation upon generation; the annihilation of knowledge which represented the accumulated experience of centuries; the destruction of the fruit of brains which have turned into dust and which can have immortal life only in the books, the paintings, the statues, the musical scores, the monuments, the buildings in which they created beauty or revealed truth.

To this imperative demand of civilization modern nations have been responding little by little with numerous movements tending to protect and preserve the treasures of universal culture.

By the General Act of the Berlin Conference on African Trade, held by a group of European nations and the United States in 1885, the High Contracting Parties agreed among themselves to extend protection to the religious, scientific and charitable institutions or expeditions which might operate in the African Continent. This act of respect for the work of civilization was reaffirmed by the Treaty of St. Germain, signed in 1919, article 11 of which stipulates that the signatory powers" will protect and favor without distinction of nationality or religion, the religious, scientific or charitable institutions and undertakings created and organized by the nationals of the other Signatory Powers, and of States Members of the League of Nations which may adhere to the present Convention, which aim at leading the natives in the path of progress and civilization. Scientific missions, their property and their collections, shall likewise be the object of special solicitude".

The Hague conventions of 1899 and 1907 undertook to extend to the whole world, with much broader scope, the protection needed by the depositories of universal culture., Article 27 of the second Hague convention, on the laws and customs of war on land, provided:

"In sieges and bombardments all necessary steps must be taken to spare, as far as possible, buildings dedicated to religion, art, science and charity, historic monuments, hospitals and places where the wounded are assembled, provided they are not

being used at the time for military purposes. It is the duty of the besieged to indicate the presence of such buildings or places by distinctive and visible signs of which the enemy shall be notified beforehand."

A similar provision was embodied in article 5 of the convention on the rules of naval bombardment.

Seven years after the Second Peace Conference the greatest conflagration of history broke out in Europe. The whole world gazed with horror upon the appalling devastation wrought by the contending armies, but it visualized with still greater horror the increased possibility of damage and ruin to be expected in a future war by reason of the advances made in the methods of warfare, in the technique of death and destruction.

Thinking men pondered the horrible prospect; lovers of culture and humanity meditated. A great idealist and a fervent apostle of peace, Prof. Nicholas Roerich, conceived the plan of an international convention for the neutralization and protection of the cultural treasures of the world.

Then the republics of the Western Hemisphere sought and attained the honor of carrying the lofty project to a successful conclusion. The Montevideo Conference sponsored the Roerich Pact, and this day the republics of America have subscribed a covenant, open also to the signature of all other nations, whereby for the first time in history the neutrality and protection of culture are incorporated into one single and complete body of conventional international law. The deep significance of this occasion has been enhanced by the gracious hospitality which the President of the United States has shown the plenipotentiaries of the signatory nations by inviting them to perform the historic act in the White House. For this splendid gesture President Roosevelt has placed us all under a debt of obligation.

The pact signed today responds to the suggestion of the Hague convention of 1907 that a distinctive and visible sign shall serve to indicate the presence of historic monuments, museums, scientific, artistic, and cultural institutions. Henceforth, over the buildings which are the temples of civilization, a flag will be unfurled, the flag of the Red Circle, the Banner of Peace, which will serve to remind the combatants that if the folly of war leads them to the destruction of human life, a higher love and a higher respect for things eternal should compel them to treat as sacred the patrimony of art, science, and history which must remain untouched unless civilization itself is to be obliterated from the face of the earth.

Address of Dr. Louis L. Horch

The signing of an inter-American treaty based on the Roerich Pact at the White House today on the occasion of Pan American Day, is indeed a great and significant step in the unifying of the Pan American countries, and in cementing the bonds of friendship and cooperation between these nations.

It is of especial significance that this historical event takes place under the dome of the White House, through the noble gesture of

President Roosevelt, who has honored this solemn occasion by his presence and message. At a time when nations are in stress due to impending disturbances which threaten the peace of the world, it is significant that the Americas are the first nations to embrace this treaty in the cause of human progress. Thus the signing of the treaty is a step forward in the realization of the "good neighbor' policy of President Roosevelt, and thus a cultural pact has become an instrument and force in advancing the solidarity of the Americas. In extending his enlightened support to this project, which is linking the Americas into a closer unit, President Roosevelt's name will be inscribed upon the annals of history as a champion of cultural unity, and a leader of world constructiveness.

The Roerich Pact, upon which this treaty has been based, was created by Nicholas Roerich to preserve the treasures of art, science, and religion, the historic monuments and sites, against destruction, in times of war and peace, and represents a symbol that the supreme achievements of human genius must be held as inviolate.

In its humanitarian implications this treaty can be compared to the Red Cross, and advances another step along the path of international rapprochement. The lofty and inspired creations of man throughout the ages take on an aspect of universality and belong in essence, not to one nation alone, but to the entire world; and it is therefore fitting that nations unite in a common vigilance to protect these irreplaceable creations. Thus each nation accepting this treaty will act as true guardian of the spiritual treasures of mankind, and the Banner of Peace will be unfurled as a symbol of neutrality and universality.

In behalf of the Roerich Museum, which has presented the Roerich Pact to the world, I wish to express our deepest appreciation to the Director and members of the Pan American Union for their splendid efforts in promulgating this project, as well as to the Honorable Henry A. Wallace for his great support rendered to this cause.

The Permanent Committee for the Advancement of the Roerich Pact, appointed by the Third International Convention held in Washington in 1933, has been furthering the adoption of the Roerich Pact among all nations of the world, and aims to carry out its purposes by assisting the signatory nations to list and catalogue their cultural treasures. In order to signify these buildings, monuments, and sites designated by the respective powers, they will be marked by a flag which was created by Nicholas Roerich and called the Banner of Peace.

The Roerich Pact and its Banner of Peace was designed not only for protection during times of war and destruction, but also to serve in peace as a reminder to the peoples that the treasures of humanity must be respected and safeguarded. It also aims to promote in the consciousness of peoples of the world, the true values and appreciation of culture, as well as the establishing of a mutual respect. For it has been seen that not only in period of war but during internal disturbance, vandalism and mutilation of artistic treasures have taken place. Thus the unfurling of the Banner of Peace will help strengthen the understanding of the irreplaceability of these creations.

The pledge between nations which has been consummated today at the White House by 21 nations of the American continents, has put into effect an agreement respecting the inviolability of the products of the human genius, thus safeguarding the true heritage of man for posterity. This enlightening event marks a significant milestone in the cause of international understanding and friendship, as well as a step forward in the spiritual and cultural progress of mankind.

On this Pan American Day, we send salutations to our sister nations!

PUBLICATIONS

CONVENTION RELATIVE TO THE EXCHANGE OF OFFICIAL, SCIENTIFIC, LITERARY, AND INDUSTRIAL PUBLICATIONS *

Colombia

By a communication dated April 20, 1935, the Secretary General of the Pan American Union informed the Secretary of State that the Colombian Minister had notified the Pan American Union that his Government had ratified the convention relative to the exchange of official, scientific, literary, and industrial publications, signed at the Second International Conference of American States, January 27, 1902.

Article 7 of the convention provides:

"For the operation of this convention it is not indispensable that its ratification shall be made simultaneously by the signatory nations. The State approving it shall make known that fact to the others through a diplomatic agency, or directly, and such proceedings shall be considered of equal force as an exchange of copies."

The parties to the convention are the United States of America, Cuba. Costa Rica, Guatemala, Honduras, Mexico, Nicaragua, and El Salvador.

For text see Bulletin No. 23, August 1931, p. 20.

JUDICIAL DECISIONS

SPECIAL AGREEMENT BETWEEN BELGIUM AND GREAT BRITAIN FOR ARBITRATION IN THE CASE OF OSCAR CHINN, A BRITISH SUBJECT 1

DECISION OF THE PERMANENT COURT OF INTERNATIONAL JUSTICE

On December 12, 1934, the Permanent Court of International Justice delivered judgment in the Oscar Chinn case submitted to it in May 1934, under a special agreement concluded between the Governments of Belgium and of the United Kingdom of Great Britain: and Northern Ireland.

The Government of the United Kingdom alleged that certain measures taken in 1931 by the Belgian Government in connection with the fluvial transport system on the Congo and affecting a business belonging to Mr. Chinn, a British subject, were in conflict with the international obligations of the last-named Government; the latter maintained that this was not the case. The Court, by six votes to five, upheld the contention of the Belgian Government. Twelve judges were on the bench for this case, but one, M. de Bustamante, though he took part in the vote, was obliged to leave The Hague before judgment was delivered; a note appended to the judgment states that he shared the opinion of the majority. Each of the five judges in the minority appended to the judgment his separate opinion.

The facts in the case and the decision of the Court are summarized as follows in unofficial communiqué no. 855, of December 12, 1934, from the Permanent Court of International Justice.

"Since 1925, there has been in the Belgian Congo a company known as Unatra in which the Belgian Government is the chief shareholder and which, under its cahier des charges is under an obligation to maintain regular transport services on the navigable waterways of the Congo, even if these services show a deficit. On the other hand, the State accords the company certain financial guarantees and facilities.

"In 1929, Mr. Chinn settled in the Belgian Congo and established there a transport and shipbuilding business; his business was, apart from Unatra, the only one which exclusively carried the goods of others; there were several enterprises engaged in production which transported their own produce and, in addition, that of others in so far as cargo space was available.

1See Bulletin No. 56, May 1934, p. 1.