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After a discussion of the extension of the doctrine to conditional contraband and blockade, the author takes up the effect of the doctrine on prize procedure in the matter of visit and search, the introduction of evidence and the burden of proof. In the final chapter the author comes to a discussion of the "test of a continuous voyage," and he reviews the precedents from the Rule of the War of 1756 through the World War. He discusses the various tests used in this period, including the "common stock" test, the consignment-to-order presumption, and the presumption derived from the fact that the ship's papers did not name any consignee or did not name the real consignee. In closing, the author sums up the results of his study in part as follows:

The changes in the law of visit and search, and in prize law and procedure were the most important effects of the application of the doctrine of continuous voyage during the Great War. The British practice of 'speculative seizure' and search in port had no legal precedent, although it was attempted by Great Britain herself in the Boer War cases and was foreshadowed by the United States Supreme Court in the case of the Springbok. The statement of the British Government that "the right of a belligerent to intercept contraband on its way to his enemy is fundamental and incontestable" simply begs the question. The belligerent right by contraband or blockade to prevent goods from going to his enemy is a qualified right: his right is dependent on proof that the particular goods he seizes are contraband or are destined for a blockaded port; otherwise he has no right of seizure. And seizure, according to international law, must be based on evidence found on the vessel. The British practice of 'speculative capture' of vessels on a voyage between neutral ports in the hope of justifying seizure on evidence obtained in port and after seizure was an unwarranted procedure wholly contrary to international law (pp. 216-217).

Looking into the future, the author makes these interesting comments in his final paragraphs:

The real problem raised by the doctrine of continuous voyage is whether it can continue to exist without gravely imperiling international maritime law. To the belligerent, struggling perhaps for his very existence, it seems most unreasonable that he should refrain from seizing goods which it is in his power to seize and which he has good reason to believe are going ultimately to his enemy, simply because he has no specific evidence that each particular cargo has an ultimate enemy destination. The neutral, however, has international law on his side in this matter, since it permits him to trade freely with other neutrals and even to trade with the belligerents subject to the belligerent rights of blockade and contraband (in which cases, it is reiterated, the belligerent is under the obligation to prove specific enemy destination).

To the writer there appears no solution short of a rule of international law forbidding neutrals to trade at all with any belligerent. And such a rule would be contingent upon the development of an international civic sense, or feeling of mutual obligation on the part of nations to refrain from trading with belligerents-a feeling which does not now exist. Otherwise, the doctrine of continuous voyage will in the future

play havoc with neutral rights when the belligerents are the big Powers, and it will remain quiescent when the belligerents are the smaller nations and the Powers are neutral (pp. 218-219).

L. H. WOOLSEY.

Englische Geschichte, 1815-1914. By Carl Brinkmann. Berlin: Deutsche Verlagsgesellschaft für Politik und Geschichte, 1924. pp. x, 212. Index.

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In this study the author's aim has been to present together British domestic and foreign policies, particularly the development of social legislation and of imperialism. He has divided his book into three sections: the era of reform, approximately 1800-1848; the height of the Victorian era, 1848–1874; and the age of imperialism, 1874-1914.

In Part I he describes the Tory-Whig contest which led up to the first reform bill and the rise of a new gentry based not upon land but upon capitalism. The new colonial policy is analyzed-the opening of trade by the abolition of monopoly rights, the abolition of slavery, the upbuilding of a more bureaucratic civil service, an aggressive program in China and in Africa and the peopling of Australia and Canada with British folk, as well as the discussion of the problem of colonial self-government during the thirties. An interesting chapter is devoted to the success of Palmerstonian diplomacy as it was employed toward France during the July monarchy. In another chapter is provided a concise summary of social legislation and of reformist movements within the churches. Chartism and Manchesterism are dealt with in a chapter distinguished by its interweaving of the political and economic factors which were associated at the beginning of Victoria's reign. Part II is devoted to the forerunners of imperialism, the beginnings of imperial federation-an analysis of the juridical and economic problems involved the second reform bill and the Irish question, in connection with which the author gives large attention to the element of political strategy involved.

Part III is developed about four statesmen: Disraeli, Gladstone, Salisbury and Lloyd George, who do not, however, as individuals, receive the consideration that one might have anticipated. The British Empire is described as an "unique composite of aristocratic-feudal and democraticparliamentary elements, in domestic politics inextricably bound up with the half-military, half-pacific aspects of its external, particularly its extraEuropean, relationships" (pp. 131-2). The Royal Geographic Society is written down as the propaganda and information bureau of British policy in the Orient (p. 136). The author takes the position that in South Africa and Egypt, Gladstone's policy was a hesitant following of Disraeli, while in India it dared to face the odium of a change of front (p. 157). Regarding the "Kruger telegram" he makes the interesting observation that, instead of creating a breach between England and Germany, it was a warning that

brought them closer together (pp. 175-6). No analysis is attempted of the considerations that led England into the World War.

The book is distinguished for its candor, unmixed with prejudice, and for its numerous brief but enlightening references to personalities, including those of wives and other relevant relatives. Extensive use is made of monograph material, which is the author's main reliance. As a straightforward summary of nineteenth century Britain, and as a source of bibliographical data, Professor Brinkmann's volume is a valuable contribution to the fields of the social sciences as well as to that of history.

HAROLD S. QUIGLEY.

Projet de Code de Droit International Privé. By A. S. de Bustamante y Sirvén. Translated from the Spanish by Paul Goulé. Paris: Recueil Sirey, 1925. pp. 280.

The distinguished author of this draft code of private international law was one of the committee of four jurists appointed by the American Institute of International Law to elaborate such a code after its Lima session in 1924. The committee of four will present the result of its labors for the consideration of the Committee of Jurists of the Pan American Union at its forthcoming session at Rio de Janeiro. The author is also a member of the codification committee of the International Academy of Comparative Law. The present projet, containing 435 articles, is intended as the author's basic contribution to both these endeavors. He modestly refrains from regarding the result of his labors with any degree of finality, and announces that when the committees reassemble, he will be the first to propose amendments.

In the introduction to the projet, the author endeavors to classify the different rights which man enjoys in the modern state. He divides these rights into two main categories, social and political. He subdivides the former into voluntary or personal rights, being those which affect only the persons who exercise them; and necessary or static, the effects and result of which are extended over the entire social fabric (p. 17). Ordinary commercial transactions are the common examples of the first division, while parental authority is taken as an example of the second. Political rights he subdivides into public and civic; the former guarantee protection and the necessary liberty to exist in an organized state of society, while the latter accord the privilege of taking part in such organization. The inviolability of the home is his example of the former group and suffrage of the latter.

As to aliens, the division depends upon whether local legislation is by its nature intended to apply only to nationals, and if not, does it apply to aliens with the same effect as to native subjects, or does it bear a permissive character, giving a certain play to the forces of personal law, whether national or domiciliary, as the case may be? (p. 25).

The author classifies laws into those having a policy applicable only to

private relations, those which have a local public policy and those which have an international public policy (p. 53).

These are, in large outline, some of the underlying standards forming the background of his scheme. Unfortunately, classification, while constituting an aid to scientific thought, does not of itself accomplish the solution of practical problems. The codifier is still confronted with the task of assigning conflicting laws to the categories to which they belong. It is in the solution of this problem that differences of opinion arise.

Outside the Anglo-American sphere of jurisprudence, the most difficult problem is that of obtaining agreement between states as to whether the national or the domiciliary law shall determine personal status. This the projet proposes to solve by applying to aliens the system which the national law provides. It may be the national law itself; but it may also be the domiciliary law. Thus a compromise is effected in a matter of capital importance in all civil-law countries.

The author has been influenced by practical viewpoints, and properly endeavors to conciliate different legislative views. The code is probably not primarily intended for acceptance in all its parts by any jurisdiction following the English common law. The institutions of family law prevailing in civil-law countries differ so widely from our own, that many of the provisions of the projet would scarcely be appropriate. But even if the projet forms the basis of agreement between a number of nations having similar systems of law, substantial progress would have been accomplished. Its further progress will therefore be viewed with great interest by those who regard with apprehension the increasing number of unsolved problems arising from the application of local legislation to international commerce and intercourse.

ARTHUR K. KUHN.

Le Statut International du Territoire de la Sarre. By Henri Coursier. Paris: A. Pedone, 1925. pp. 150.

This very interesting thesis is divided into five parts by the author, namely: I, The international status of the territories constituting the Saar Basin; II, The theory of the international organization of the Saar Basin as laid down by the Treaty of Versailles; III, Application of the dispositions of the Treaty of Versailles relative to the Territory of the Saar; IV, A critical examination of the régime of the Saar; and V, The future of the régime, being a conclusion. Part IV in particular attempts to answer recent criticisms of the administration of the basin on the following points: (1) the partiality of the present régime, (2) the definition of inhabitants, (3) the protection abroad of the inhabitants, (4) the presence of French troops in the area, (5) the establishment of the franc as the currency, (6) the teaching of French in primary schools, and (7) the objections raised to existing non-conformity with sections 23 and 26 of the Annex.

It is an explanation which does not satisfy, since it merely repeats in a large measure those statements of the Council which have already been set forth. With customary French logic and attention to detail, Coursier outlines existing conditions without attempting any legal analysis as to whether they are justified or not, and as far as this particular work is concerned, such arraignments as that which is presented in Kellor's Security Against War still continue to stand. The French point of view is again given complete expression.

On the other hand, if the above is kept in mind, the first three parts are extremely valuable for their detailed explanation of the status of the Saar. The bibliography, with its references to official documents, secondary books, journals, and reviews, will also be found to be helpful.

THORSTEN KALIJARVI.

El Dr. Vicente G. Quesada y sus Trabajos diplomaticos sobre Mexico (Archivo Historico Diplomatico Mexicano, Num. 14). Compiled and annotated by Fernando González Roa, Professor of International Law in the University of Mexico. Mexico, Secretaría de Relaciones Exteriores, 1925. pp. 199. This volume does not present important new materials from the archives of Mexico or any other country. In the main it consists of reprints of extensive excerpts from the diplomatic memoirs and recollections of the distinguished Argentine diplomat and scholar whose name appears in its title. These excerpts relate largely, but not exclusively, to Mexico. The most important topics dealt with are: Quesada's mission in Mexico (1891), his service and decision as arbiter of certain claims of citizens of the United States against Mexico, his discussion of the question of the relation of the Mexican government to the papacy, and certain views which he held regarding the proper relations between Mexico and her neighbor on the north. Thus the book brings together a convenient collection of Quesada's writings, but it does not represent an important contribution to diplomatic literature. The work is significant for two reasons: First, by virtue of the mere fact that the writings of Quesada should have been included in this official publication of the Mexican government; second, because of the revelations contained in the introduction and the running comments of the editor. In general it may be said that Quesada was a Yankeephobe, and the editor does not fail to point out this fact. Indeed, he emphasizes it by including in the volume a section dealing with a diplomatic dispute which Quesada engaged in with the United States over the Malvinas (Falkland) Islands. Moreover, Quesada is an advocate of Latin-American solidarity, and González Roa points this out with ardent approval.

In brief this fourteenth volume of the Archivo Historico Diplomatico Mexicano, like most of the other thirteen, reveals an interesting state of mind in Mexican official circles. This is not the place to criticise or defend

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