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authoritative. Such indeed it ought to be. That the author has views of his own and is not blinded by authority is evident. He does not, however, intrude his opinions upon the text, but relegates them to the footnotes, which are full and illuminating. As illustrations one may recommend a reading of Mr. Hyde's opinion of the position taken by the United States Government in the matter of the Appam (II, 738-9, note), and the delicious reference to President Wilson's adjuration to mental neutrality as affecting international duties (II, 765).
It was quite in harmony with the author's plan and point of view to omit the usual preliminary excursus upon the history of international law. He strikes at once into the subject of legal rights and duties, and these are the product of that international society, made up of “enlightened states” which, "notwithstanding grave and occasional lapses have generally molded their practice," have felt themselves bound to observe, and therefore commonly do observe, with a sense of legal obligation certain principles and rules of conduct.
In so far as one may speak of an underlying philosophy in Mr. Hyde's work, it would seem to be that by the perfection of international society by the choice of enlightened states in their mutual dealings, there is perpetuated a progressive international law, not fixed and static, but elastic, so as to meet the needs of such a society: "It must be borne in mind that what the consensus of opinion of enlightened states deems to be essential to the welfare of the international society is ever subject to change, and that the evolution of thought in this regard remains as constant as at any time since the United States came into being. Above all, it must be apparent that whenever the interests of that society are acknowledged to be at variance with the conduct of the individual State, there is established the ground for a fresh rule of restraint against which the old and familiar precedents may cease to be availing" (I, 3). This is a doctrine of progress without any necessary neo-Hegelian connotations, although the idea of progress as resulting from the interrelations of enlightened states approaches Kohler's conception of Kulturrecht.
It would seem that a concept of international justice, while pragmatic in character, is none the less essential to the general scheme; thus: “the maintenance of justice is of greater concern to the international society than the continued independence of any member thereof; and justice among nations is obstructed and held in contempt whenever a State, which loses its capacity to perform its common duties towards the outside world, is long permitted to continue its existence without external restraint. This principle is believed to be relentless in its operation" (I, 23). This is a restatement in more modern terminology of Lorimer's classical doctrine of the Reciprocating Will. Naturally from such a point of view the old absolute rights of states fall into the background, and emphasis is shifted to the organized society of enlightened states. Its effect is noticeable in the discussion of intervention (I, 116–132). And yet the state, essentially as at present constituted, is the fundamental postulate and primordial unit of international law.
Centering the general scheme about international persons of normal status (states), the author proceeds to consider their normal rights and duties, those of political independence (recognition, continued existence, selfdefense, and intervention), the general rights of property and control, jurisdiction, and nationality. To substitute the phrase "rights of property and control” for “rights of sovereignty” may be objected to by some: it certainly is not an exact equivalent for the latter phrase, and under it one looks in vain for a discussion of some of those territorial interests which are less than sovereign, e. 9., leaseholds, a juristic anomaly perhaps, but none the less important on that account. Can there be military occupancy of leased areas in derogation of the rights of the lessor? Some, again, may question the author's terminology in describing the United States as a "lessee in perpetuity" of the Canal Zone (I, 344). Under the general title of Rights and Duties of Jurisdiction, Mr. Hyde has included a careful analysis and survey of the subject of international claims, a subject essentially juristic and affording abundant illustrations of “justiciable controversies.” No chapter shows more discriminating treatment or is likely to have greater professional usefulness than this.
Lack of space prevents consideration of many matters which tempt the reviewer. Servitudes, the most-favored-nation clause, the arming of merchantmen, the “blockade" of Germany,—the treatment of each of these subjects will provoke discussion. The volumes are a distinct contribution to the literature of international law, worthy to be classed, or rather used, with Westlake and Oppenheim, for each work has its peculiar merits. A monument of patient and scholarly research, it is likely to be enduring. All American students must have recourse to it, and others will not be apt to neglect it.
JESSE S. REEVES.
Documents allemands relatifs à l’Origine de la Guerre. Collection complète
des documents officiels rassemblés avec quelques compléments par Karl Kautsky et publiés, à la demande du ministère allemand des affaires étrangères, après révision en commun avec Karl Kautsky, par le comte Max Montgelas et le professeur Walter Schücking. Translated into French by Camille Jordan, minister plenipotentiary. Paris: Alfred Costes, 1922. Volume I: From the assassination of Serajevo to the arrival of the
Serbian reply. pp. xxxiv, 339.
, Volume III: From the news of the Russian general mobilization to the
declaration of war against France. pp. xviii, 217. Volume IV: From the declaration of war against France to the Austro
Hungarian declaration of war against Russia (with annexes). pp. xvi, 256.
This work is a translation of the so-called Kautsky documents, originally
a published in German (4 volumes) at Charlottenburg in 1919 and bearing the German title Die deutschen Dokumente zum Kriegsausbruch. The intrinsic historical importance of this complete collection of German documents relating to the outbreak of the war, which consists of official letters, despatches and reports passing mostly between German diplomats and high government officials during the critical days that preceded the war and which forms the fullest available set of records for this period, makes a French translation very welcome.
The formidable task of translating the voluminous work has been performed with care and accuracy by M. Camille Jordan, who has the title of minister plenipotentiary in the Ministry of Foreign Affairs. The many footnotes of the original and the German Emperor's marginal comments have been painstakingly reproduced and supplemented here and there by translator's notes. There are complete chronological tables and lists of errata for each volume, as well as a general index. The introduction to the work by Count Montgelas and Professor Schücking has been translated by Louis Moreau, translator in the Ministry of Foreign Affairs.
This French version of the Kautsky documents will be followed soon by an English rendering along similar lines, to be published in connection with other German and Austrian war documents by the Carnegie Endowment for International Peace.
EDWIN H. ZEYDEL.
Heinrich Lammasch. Seine Aufzeichnungen, sein Wirken und seine Politik.
Edited by Marga Lammasch and Hans Sperl. With contributions by Hermann Bahr, author, Salzburg; Prof. Friedrich Foerster, Berne; Prof. George D. Herron, United States; Marga Lammasch, of the League of Nations Bureau, Geneva; Prof. Otfried Nippold, President of the Supreme Court of Sarrelouis; Prof. Josef Redlich, former minister of finance, Vienna; Prof. Theodor Rittler, Innsbruck; Jonkheer A. F. de SavorninLohman, former minister of the interior, The Hague; President Franz Schumacher, Innsbruck; and Prof. Hans Sperl, Vienna; with a portrait of Heinrich Lammasch. Vienna and Leipzig: Franz Deuticke. 1922. pp. iv, 228.
When Heinrich Lammasch died on January 7, 1920, his native Austria and the world in general lost one of the ablest scholars in the field of international law, one of the firmest believers in the judicial settlement of international disputes and a judge experienced in dealing most impartially with great and important differences between the nations.
The memorial volume on Lammasch which has now appeared is an interesting and valuable collection of appreciative and reminiscent articles by friends of the deceased scholar, dealing with various aspects of his great life work, and of posthumous papers prepared for publication by Lammasch just before his death.
A short foreword by Prof. Sperl of Vienna is followed by a sketch on Heinrich Lammasch as a man, written by his daughter Marga. It depicts him as the reserved, retiring scholar that he was, unusually amiable, mildmannered and unassuming, although an ardent champion of his beliefs, whose critical, sceptical mind was only mellowed by the years. Her close association with and great attachment to the man enable the writer to give us a most intimate picture of her distinguished father's character. This picture is well supplemented by what Hermann Bahr, the Austrian dramatist, says about Lammasch as a lover of real peace, in contradistinction to the faint-hearted pacifist.
These articles are followed by five papers mostly of a general nature from the pen of Lammasch himself. The first one deals with the writer's life during the period from 1899 to 1905 and covers the first Hague Conference of 1899, Lammasch's call to the Austrian House of Lords, and the Venezuela and Mascat arbitrations, in which he played a prominent part. The paper contains very valuable personal reminiscences and incisive character sketches of the leading men of the first Conference. Of the members of the American delegation to this Conference, the writer admires especially Mr. Holls. A second paper on the second Hague Conference of 1907 supplements the author's article on the same subject in Niemeyer's Zeitschrift für internationales Recht, vol. 26, p. 153 ff. and gives an illuminating insight into the Austrian preparations for the Conference and the inside history of the part played by the Austrian delegation during the Conference. Lammasch is frank in his exposition. He does not hesitate to speak of the friction caused in his own delegation by his opposition to the German-Austrian attitude, in particular the spirit of animosity harbored by Count Merey against the United States. He mentions also the unfortunate impression created by the Conference in neglecting to appoint an American as president of one of the commissions and he gives a critical estimate of the personnel of the various delegations. On the whole, he speaks disparagingly of the American delegation, chiding Mr. Choate for his ignorance of French and Mr. Porter because of his alleged incompetency for carrying out his mission in the Conference. But he praises Mr. Hill for his hospitality and says of the technical delegate Dr. Scott: "In many respects, just as in 1899, the soul of the American delegation was that member who had no vote and was not a plenipotentiary, namely Professor James Brown Scott, as in 1899 Mr. Holls; he was just as agile and quicksilverish as the delegation's head, Choate, was cumbersome. Toward the outside, surely, he was the most prominent member."
Another article by Lammasch dealing with the arbitral awards of The Hague gives the historian considerable data, mostly of a personal nature, on the Venezuela, Mascat and Orinoco cases, adding to the material which is already available on the subject. A paper on Archduke Franz Ferdinand discloses the personal relations of Lammasch to the assassinated heir apparent to the throne of the Monarchy, and a final article describes the interesting but fruitless efforts of Lammasch to secure peace through President Wilson in the late winter of 1917–18 by means of conversations with the American publicist George D. Herron, living in self-exile in Geneva. This incident is also treated by Herron himself in an English article.
The five essays of Lammasch are followed by additional papers of friends. Jonkheer A. F. de Savornin-Lohman writes in terms of the highest praise on Lammasch as president of the courts of arbitration in the Mascat and North Atlantic Fisheries cases. Prof. Rittler of Innsbruck deals with Lammasch as a teacher of criminal law, his chosen field, in which he excelled particularly. Otfried Nippold has contributed a lengthy appreciative article on Lammasch as a scholar in international law and an advocate of genuine peace. The last and most tragic part of Lammasch's life, his short incumbency as prime minister of Austria in the critical autumn days of 1918, which presents the pathetic spectacle of Lammasch being entrusted with the destiny of his country after it had gone to ruin precisely because the theories which he had advocated all his life had been ignored, and his short-lived participation in the negotiations at St. Germain as a member of the Austrian peace delegation, is depicted by Prof. Redlich and Franz Schumacher, respectively.
A paper by Prof. Sperl on Lammasch in academic life, reminiscences by Prof. Foerster and a short note by Marga Lammasch on her father's last days conclude the volume.