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Can the whole relation of courts to governments be determined by so simple an expedient as Marshall's definition of "the jurisdiction of a court"? The Mixed International Courts of Egypt, with a dozen nations coöperating, have been in operation for fifty years. Would the Court aimed at by the project framed at the Second Hague Conference not have been a "true court," without any league, if a way had been agreed upon to appoint the judges? Why then must an opponent of the League's Court be opposed to any real court? The ground of objection to the League's Court is usually not that it is not a true court, although as at present organized it is merely a tribunal for voluntary appeal,-but that the Permanent Court of International Justice is molded in the image of the League and its structure and powers are determined by the League's Covenant, the First Part of the Treaty of Versailles, which the United States has definitively refused to ratify.

Important remaining chapters of this book are those on "The Obligations of Members;" "Sanctions;" "Rights of Members;" "Rights of Individuals;" "Diplomatic Immunity;" "Mandatories;" and "Constitutional Amendments."

So far as the present writer has observed, the author of this book does not explicitly state, beyond what has been quoted from the Preface, in what definite particular the Constitution of the United States is at the cross roads.

It is, however, made perfectly clear that while the Constitution marks out for this nation a straightforward course of independent development, the international organizations here described and analyzed invite the United States to embark upon a line of future action involving unknown and incalculable deviations from the course so plainly indicated by the Constitution, which nowhere contemplates a surrender or a transfer of the powers which, under its safeguards and limitations, the people have confided to the Government of the United States.

An appendix contains the Covenant of the League of Nations, the Permanent Organization of Labor and the Statute of the Permanent Court of International Justice.

DAVID JAYNE HILL.

By Sir Valentine New Haven: Yale

The Reawakening of the Orient and Other Addresses. Chirol, Yusuke Tsurumi, Sir James Arthur Salter. University Press, 1925. pp. vi, 176. Index. $2.00. The title of this volume is, as the title of most of the collected essays of the Institute of Politics must be, somewhat misleading. Anyone who expects to find even rumors of the stirring of the mutilated dragon of China will be disappointed. The East begins in this volume with Morocco and Egypt. Sir Valentine Chirol, in what are very close approximations to chapters from his book, The Eastern Question, takes the "Reawakening of the Orient" no

further than the boundaries of Egypt and the Sudan and of British India. It is very simply and very cleverly done, and there are some interesting asides on Turkey and the Near East. The problem of Egypt in its relations to England and to the British Sudan is put with some candor as to the economic background of the control of cotton and of the fertilizing waters of the White and Blue Nile. The résumé of the history of India under British rule and influence is interesting but elementary. The complications are honestly faced, even those that arise from the existence of two great and not always friendly religions in India, and from racial prejudices widely held in the empire against Indian immigration or equality of citizenship. Perhaps it was too much to expect in a necessarily popular exposition anything of the economic setting of Indian civilization, which has been recently summed up in brilliant fashion by an Indian economist. Yet it is certainly more relevant to the difficulties of British rule than the caste system or even the clash of religions. Speakers before the Institute of Politics almost inevitably appear as apologists for their own nationalities. It is not strange that Sir Valentine should omit mention of the struggle of Indian nationalists to get control of fiscal policy and tariff rates, given the huge part that army expenditure and opium culture play in the former, and a struggle with Manchester in the latter.

Mr. Tsurumi is both more enlightening, and more interesting to Americans, in his descriptions of "The Liberal Movement and the Labor Movement" in Japan. He is perhaps unduly optimistic in his appraisal of the possibilities of liberalism. He himself feels that the American Immigration Act of 1924 was the most serious blow in years to Japanese liberalism, and he goes to the length of asserting that it has delivered over a promising labor movement into the hands of the Russian Bolshevist agents and their allies in Japan. The liberals naturally lost face in their policy of settlement by diplomacy, and the extremists of the labor movement could point to the exclusion clause as the natural result of capitalistic economy. To the liberal it was a slap in the face; to the radical, a welcome proof of the revolutionary socialists' interpretation of diplomatic history.

The analysis of Japan's new attitude toward China, a retrocession from her "vigorous foreign policy" to one of placation, is not less interesting. Whether or not "Japan's Cultural Work in China," which is tantamount to peaceful economic penetration behind a smoke-screen of modern propaganda, will be abandoned in the face of the most recent chaos in China, the fate of Mukden may bear witness. Apparently there has been a change of policy, if not a change of heart.

The third division of the volume has only the most indirect bearing on the Orient. Sir James Salter is interested in Europe first of all, and his whole thesis as to "The Economic Causes of War" is that Europe is an economic unit and that the last war and the present period of reconstruction have adequately demonstrated the folly of "an overnationalized system." 1 Economic Conditions in India, by P. P. Pillai.

As a good European, he is anxious to ground the new system of the League on a sound understanding of the necessity of internationalizing the questions of surplus population and raw materials. Here he speaks as a good Briton, too; but it is curious that his contribution should be so totally blind to the economic threats in a reawakened Orient, titled as the volume is in which his essay appears-curious and disillusioning. May that not be the history of the next war? While the friends of the League keep their eyes on the boiling pot in Europe, the whole lid may be blown off in the East.

W. Y. ELLIOTT.

Das Völkerrecht. By Franz von Liszt, 12 ed., by Dr. Max Fleischmann. Berlin: 1925. pp. i-xx, 764. The work of von Liszt has long been favorably received. The first edition appeared in 1898 and the 12th in 1925. Von Liszt died in 1919, and this edition is edited by Professor Max Fleischmann of the University of Halle. Von Liszt intended in all editions to present international law as a system from the German point of view, and Dr. Fleischmann endeavors to maintain the spirit of von Liszt. In the eleventh edition, even though prepared in 1917 when war was general, von Liszt had shown a spirit of hopefulness for international law.

To the well known earlier editions, new sections have been added on such subjects as have since the death of von Liszt become newly or more significant. These sections touch on the World War, mandates, aërial matters, mixed international courts, protective measures for health and general well being, laws of war, rights of neutrals, reparations and other results of war. Naturally, plebiscites, submarines, reprisals, war zones, private property in war, and the recent doctrines of contraband and blockade receive attention.

In some points Dr. Fleischmann indicates disagreement with von Liszt, but in the main he has elaborated the work of the author, and brought it up to date. This is particularly true in the matter of bibliography.

The appendices of source material of about 170 pages cover a variety of subjects. Some of these documents will have for other than illustrative purposes only a temporary value. Here appear President Wilson's message to Congress of January 8, 1918, the Russo-German Convention of Rapallo, April 16, 1922, the German-Bulgarian Consular Convention of September 29, 1911, and like documents.

The index has been made much more full to correspond with the text. GEORGE GRAFTON WILSON. Superstition or Rationality in Action for Peace? By Prof. A. V. Lundstedt. London and New York: Longmans, Green & Co., 1925. pp. 239. $4.50. Literature critical of the foundations of what is termed the Law of Nations is growing in a manner which must soon challenge the attention of the masters of this science. Recently was published The Lawless Law of Na

tions, by Professor Edmunds of St. Louis, and now we have the present little work written by a professor of Upsala, Sweden. The arguments of the two books are widely different, but the conclusions do not run far apart.

Professor Lundstedt discusses at length what he conceives to be the errors of the naturalistic school in social thought, dealing most largely in the earlier portion of his work with the application of his theories to the law of torts and of crime within the state. He denies that morality or any theory as to right and wrong can furnish a sufficient foundation for the law, and finds its basis in the welfare of the community. "Nothing," he says (p. 146), "but the public welfare can awaken and sustain an interest so general that law can be based upon it." The larger fraction of the work is devoted to this general thesis. While the writer admits that for the most part within the state nearly the same result is obtained either by what he considers the existing theory of natural right or by approaching the subject of law from his own point of view, yet he feels that the fundamental error involved in making supposed right or wrong the basis brings about evil consequences. When carried into international affairs he regards it as subversive of all order and inconsistent with a true conception of law. In reaching this conclusion he rejects the utilitarian theory by argumentation which one has difficulty in accepting. For usually while what is called natural law is based upon a priori conclusions as to right and wrong, the utilitarian in considering international law may limit himself to an examination of the natural reactions of nations to certain situations, and as such reactions involve possible good or evil to communities, deduce the laws which should control them and furnish sound foundations on which to build the Law of Nations.

Some of the author's conclusions may not be lightly ignored. For instance, he says (p. 173): “If it were a question of actual law as a basis for peace, then it would be of no consequence to the contents of the Peace Treaty which side won a war. Thereby it ought to be understood that the 'right' which is here dealt with is the opposite to the idea of right, namely, the power alone gained by the victor as a result of winning the war."

The author finds that today a country cannot openly refer to lust of power, chauvinism or considerations of economic gain as reasons for an act of violence against another country. It therefore disguises its motives under a claim of legal right which in some way has been infringed upon. But for this he thinks France and Germany would not have sought warlike equipment before the World War-France to recover Alsace and Germany to vindicate its God-given superiority.

The absurdity of punishing a nation as retribution for its sins-illustrated in the case by Germany-is indicated by pointing out that it is the tremendous mass of innocent individuals which is made to suffer for the offenses of a small body of rulers. This is because so-called international law sets up the nation as an artificial entity apart from its component elements, forgetting that it is nothing more than an aggregate of individuals. This

consideration, in the author's opinion, disposes of the fiction of sovereignty. "What," he asks (p. 209), "is the nature of the brain which considers that the moral blame of such a small number of people [the rulers] morally justifies the punishment of a wholly innocent nation?"

Based though it be on superstitions, the professor finds (p. 213), "There was not one belligerent Power which was not inspired by eagerness to fight with blood-stained weapons for that monstrous phantom which is called the Law of Nations?"

As may be inferred from the foregoing, the writer believes (p. 233) that, like municipal law, international law must "take its contents from what proves to be important for the maintenance and development of spiritual and material culture in a prospective world community."

We are thus prepared for his conclusion that at present, and without rejecting the superstitions surrounding and distorting the whole subject, codification (p. 236) "will do more harm than good," and a world's peace "can only flourish on the tomb of the idea of sovereignty and the other conceptions of the so-called law of nations."

The book is calculated to disturb the self-complacency of those who regard the Law of Nations as a finished science or even as a science at all. In compelling a re-examination of the foundations of current belief, whether or not itself as surely correct in detail as its author manifestly believes it, the work has a real value.

JACKSON H. RALSTON.

Les Mandats Internationaux. By Albert Millot. Paris: Emile Larose, Libraire-Editeur, 1924. pp. iv, 255.

Le Mandat de la France sur la Syrie et le Grand-Liban. By Alphonse Joffre. Lyon: Imprimerie L. Bascou. 1924. pp. 150.

Both of these volumes, marked by the logical arrangement of material and careful attention to details characteristic of French political treatises, will serve a useful purpose in helping the student to detach the system of mandates from the diplomatic controversies which have attended its operation and to consider it in its legal and administrative rather than in its political aspects.

The volume by Dr. Millot, dealing with the more general issues involved in the question of mandates, begins with a historical survey of the establishment of the new system. Here, as is stated in the prefatory note by Professor Basdevant, the author could not draw upon the minutes of the Supreme Council, which were secret, but was able to work out his story from press reports and from the "generous indiscretions" committed by members of the American delegation. The account is most interesting and throws new light upon the motives and aims of the delegates, particularly President Wilson. The concluding sections show the effect of the subsequent inter

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