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reside in the League, or in the Allied and Associated Powers, or in the mandatory Power or (in the case of the A Mandates) in the states under mandate? He rejects at the outset the theory of suspended sovereignty, for the reason that no territory which is not res nullius can be conceived as being subject to no sovereign. Likewise he rejects the theory of Bileski and Breschi that the sovereignty belongs to the League, and equally the theory of certain writers that it remains with the Allied and Associated Powers. His own conclusion is that the sovereignty remains with the mandatory Power. In the case of the B and C Mandates, it is full sovereignty (pleine souveraineté); in the case of the A Mandates it is haute souveraineté, by which he apparently means a sovereignty which is limited by the terms of the mandate and by the obligations which the mandatory state has assumed in accepting the mandate. In a final chapter the author examines the restrictions upon the liberty of action of the mandatory Powers, restrictions so important in fact as to negative his conclusion that the mandatory Powers possess the full rights of sovereignty over the territories under their mandate.

J. W. G.

Tome I, troisième pp. xi, 729. Index.

Traité de droit international public. By Paul Fauchille. partie, Paix. Paris: Librairie Arthur Rousseau, 1926. Fauchille's Traité is now completed. It consists of 4,064 pages. It is bound up in four parts, three devoted to Peace and one to War and Neutrality. Of all the works on international law appearing since the close of the World War, this is incomparably the largest. It is so voluminous that it will be used chiefly as a book of reference. For that purpose it is excellent in plan and in execution. It presents in detail precept, and example, and breach; and breach certainly cannot be ignored, for at all times, and especially of late, it is in the breach that some rules have, after a manner, been honored. The views of all important authorities are given adequately, with Fauchille's own criticisms. So likewise the historical events. Footnotes of unexcelled thoroughness furnish citations for purposes of verification or of elaboration. The practical man can ask no better tool, whether his wish be simply to know the actual practice or to frame an argument by way of protest. Similarly, the scholar or the reformer finds here the foundations necessary for his own thoughts and labors.

The point of view is the modern one, the emphasizing of usage and not of natural law; for Fauchille knew that international law is one of the fields where experience has triumphed over hope. Indeed, the point of view is somewhat more accurate than that expressed by most books; for Fauchille, instead of describing international law as composed of rules which nations do in practice obey, follows Bonfils in describing it as composed of the rules wherein the respective rights and duties are defined, and thus he seems to recognize the fact, for it is a fact, that international law is a systematized collection of those rules which each nation, whether obeying or not, deems

binding upon other nations. Fauchille does not, to be sure, elaborate this somewhat pessimistic thought; but he clearly had it in mind, and thus he is protected against the criticism deserved by less observant writers. There is room, by the way, for an investigator who will base his doctrines of international law chiefly upon the protests addressed by nations to one another. Not what a nation practices, but what it preaches, is an enlightening standard of international virtue.

Three of the four parts of the Traité have already been reviewed in the JOURNAL (XVI, 726; XVII, 812; XIX, 832). The present part, under such general headings as the pacific relations between states and the pacific modes of settling international disputes, covers, among other topics, sovereigns, secretaries of foreign affairs, the rights and powers and duties of diplomats, the functions of consuls-including the so-called capitulations-international congresses and conferences, treaties and conventions, good offices and mediation, arbitration and judicial settlement, retorsion, reprisal, embargo, and pacific and economic blockades.

The value of the Traité can be best appraised by noticing the space given to some specific subjects, and also the mode of treating them. Take, for example, good offices and mediation (pp. 518-533). Those sixteen pages, especially when compared with other treatises, will be found to clarify the whole matter in a manner worthy of high praise. Fauchille explains and removes the difficulties which have rather unnecessarily flowed from sometimes distinguishing good offices from mediation and sometimes treating the two terms as interchangeable; and he gives proper attention to the numerous instances in which such negotiations have been used, with description of the practical difficulties encountered.

Similarly, the one hundred and fifty pages (pp. 534-683) devoted to arbitration and judicial settlement give the proper distinctions between the various kinds of machinery sometimes indiscriminately grouped under either or both of those terms, narrate instances, and, without descending to the minuteness of a book of forms, deal with the whole subject in a practical and enlightening way, covering, among other things, the new Permanent Court of International Justice, and demonstrating incidentally that temporary tribunals, and indeed all tribunals deserving to be distinctively termed arbitral rather than judicial, are unfortunately not governed by a fixed procedure or by the need of following precedents. Here, as elsewhere, Fauchille restricts himself to exposition, but gives the facts requisite for intelligent discussion of reform.

In reviewing the parts of the Traité heretofore published, attention has been called to Fauchille's modest and loyal wish that this work be deemed in some sense an eighth edition of Bonfils' Manuel, of which he himself produced all editions after the first. In the present part of the Traité only one-fourth can be credited to Bonfils' hand, and in the complete Traité only a little more than one-fifth.

The Traité, it should be borne in mind, does not render the Manuel wholly useless. Many scholarly persons will wish to own both the Traité and the seventh edition of the Manuel; for as that edition of the Manuel-almost half of it contributed by Fauchille-appeared in 1914, it has permanent value as a picture of international law at the outbreak of the World War and as an unprejudiced test for the acts of the participants therein. Similarly, on the shelves of a scholarly library the Traité, depicting international law when transformed by the World War and by the resultant treaties, is indispensable now, and, being the work of an expert contemporaneous observer, can never be displaced.

EUGENE WAMBAUGH.

Le Règlement Pacifique Obligatoire des Différends Internationaux suivant le Pacte de la Société des Nations. By Zygmunt Gralinski. Paris: A. Pedone, 1925. pp. 324. $2.00.

This writer is a lover of his kind. That is the key to his book; its moral tone is excellent. He wants wars to cease and peace to prevail; he is optimistic, rising in hope with proposals like the Treaty of Mutual Assistance or the Geneva Protocol; and though disappointed when they fail of acceptance, still looking for some favorable solution of the problem of war and peace. But he is no mere sentimentalist. He is a commentator with a gift of analysis, of seeing connections between facts and of making things plain by a simple style. He has done what obviously ought to be done at this time. He has brought together in a continuous study the work of the Hague conferences in establishing mediation, commissions of inquiry, and the Permanent Court of Arbitration; the effort made to institute the Permanent Court of Arbitral Justice in the time of Secretary Knox, and he has related to the Hague movement the Bryan treaties for the advancement of the peace.

From this point on, he takes up the story of the making of the Covenant of the League of Nations. He describes briefly the various projects advocated by this country and other countries from which the covenant was developed. He then elaborates in detail, with comment and historical information, the conciliatory, arbitral, and judicial procedure provided for in Articles 12, 13, 14, 15, and 17 of the covenant, with considerable attention to the institution and operation of the Permanent Court of International Justice. He devotes nearly 200 pages to those articles with sustained interest. He closes with a consideration of the Treaty of Mutual Assistance and the Geneva Protocol, the period covered by his book ending about the first of the year 1925. He gives a long list of authorities which contains names of new publicists that have become known since the World War, as well as of recognized authorities in international law before that time.

This book may not be a classic; it has the character of a thesis, but it is less technical and more readable than most theses. It is useful for its time, and by means of it, considering its general tone and purpose, the writer has taken a good part in the movement for peace with justice.

JAMES L. TRYON.

Transactions of the Grotius Society, 1925. Vol. XI. Problems of Peace and War. London: Sweet & Maxwell, 1926. pp. lxvii, 138. Price, 7s. 6d. net. Five interesting papers were read before the Grotius Society of London during the year 1925, and in addition, there was an important discussion of the abolition of submarines. On June 8th the Society held a dinner in celebration of the Tercentenary of Grotius, De Jure Belli ac Pacis, at which there was a large and distinguished gathering of English and foreign jurists and members of the diplomatic corps. Dr. Loder, of the Permanent Court of International Justice, was one of the speakers of the evening. A report of the speeches at the dinner is included in the volume of Transactions.

erum.

Mr. W. S. M. Knight, in a paper read before the Society on January 20 1925, called attention to the work of Seraphin de Freitas, a Portuguese monk and contemporary of Grotius, as a worthy criticism of the latter's Mare LibProfessor Brierly, of Oxford University, on March 24th read a paper entitled "Some Considerations on the Obsolescence of Treaties," in which he expressed the hope that political as well as commercial treaties will be concluded for a term of years. Dr. Thomas Baty, in a paper on "Judge Betts and Prize Law," read on October 13th, criticized the American Civil War prize decisions, especially the Springbok, as being more political than judicial. In a paper entitled "The Legal Meaning of War and the Relation of War to Reprisals," contributed by Dr. Arnold D. McNair, he considered what acts of force committed by one state against another constitute war within the meaning of the Covenant of the League of Nations, and he concluded that the questions addressed to the Committee of Jurists after the Corfu incident and the committee's answers to those questions "suffered from the political atmosphere surrounding that incident." Master Ernest A. Jelf discussed the codification of international law under the title "International Law in its Strictest Meaning." He pointed out that a very small percentage of books on international law contain definite rules which come within the strict definition of that term, and he proposed that if there is to be a code, "let the existing international law in its strictest meaning be codified," to be added to or amended after worldwide discussion by jurists, parliaments, merchants, bankers, soldiers and sailors.

The discussion of the abolition of submarines was opened by the reading of letters from Sir Alfred Hopkinson and Sir Graham Bower. The former defended the affirmative and maintained that submarines are a weapon of offense and not of defense and are practically useless for a peaceful object.

The latter defended the proper use of submarines in war, especially as the weapon of the weaker naval power, and declared to be untrue the assertion of the Washington Treaty that it is practically impossible to use submarines as commerce destroyers without violating the laws of war. The discussion upon the subject led to the adoption by the Society on December 1, 1925, of the following resolution:

Whilst in favor upon humanitarian grounds of the abolition of submarines, the Society is of opinion that the moment is inopportune for urging their abolition, but that, so long as their use is permitted, submarines should be subject to the existing rules regulating the conduct of other armed vessels employed in naval warfare.

The foregoing resolution was accompanied to the press by a letter of explanation signed by the President and Secretary in which it was stated that the provisions of the Treaty of Washington of 1922 are considered to be far from adequate, particularly as they fail to distinguish between the destruction of neutral and merchant vessels.

Dr. W. R. Bisschop contributed a valuable analysis of the Locarno Pact, preceded by an equally valuable summary of the negotiations for security beginning with the Paris Peace Conference of 1919. The concluding paper was read on December 16th by Mr. F. Llewellyn Jones under the title "The Concert of America-The New World's League of Nations," in which are discussed some of the projects for the codification of international law prepared by the American Institute of International Law.

GEO. A. FINCH.

Las Relaciones Diplomaticas de Mexico con Sud-America. Por Jesus Guzman y Raz Guzman. Mexico: Publicaciones de la Secretaría de Relaciones Exteriores, 1925. pp. xvi, 184.

This publication is Number 17 of the series designated Archivo Histórico Diplomático Mexicano. The editor, an official of the Mexican Foreign Office, contributes an introduction, covering sixteen pages, in which he explains the scope and character of the work and makes laudatory statements regarding his country's foreign policy, as, on page iv, "Our Nation has no occasion to reproach itself on account of its foreign relations"; and, page ii, "In her relations with her new sister states Mexico has observed a prudent, sound, disinterested, spotless conduct." Regarding the community of interests among them, he says it was natural that the new republics should find themselves drawn toward each other, that they should aspire to form a strongly united entity; but the principle of Latin American unity has been so obstructed at times that it has seemed an unrealizable Utopia. However, hope remains that the natural hindrances may be, as indeed they are now being, overcome.

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