Biblioteca Internacional de Derecho de Gentes

We speak of international law as an universal system, and it is so in name, although in fact it is not, because nations of light and learning often interpret a principle or rule of international law in different and inconsistent ways. For example, the favored nation clause is understood and applied by foreign countries in one way, and it is interpreted by the United States in a different way, in that it is a favor according to foreign practice, and a contract for which there is a consideration according to American practice. There are also principles or practices of one or several nations which are not accepted by other nations, and although they may be termed international law, they are properly to be regarded as the practice and procedure of certain nations as distinct from all nations. They are, if the expression be permitted, particular as distinct from universal international law. Now, the English-speaking peoples are influenced in their conceptions of international law and in the means of putting it into effect by the law common to both of them called the Common Law. The nations in which the Civil Law of Rome prevails, albeit in modified form, or in which it is the basis of their systems of jurisprudence, look at matters from a different point of view, and as their outlook is different, so are their conclusions.

It is necessary for each to understand the systems of the other, if we are to strike a balance and reach a working compromise. In the American Continent, this difference obtains, and we do not better it by denying it. We can only change it by understanding the views of each of the others, and reconcile them in practice as far as may be possible. The indispensable condition is that we know whereof we speak, and that before we criticise we understand. It has therefore occurred to the Director of the Division of International Law that it would be desirable and feasible to establish what may be called a Biblioteca Española.

He has discussed this matter in detail with the distinguished Cuban publicist, Señor Antonio Sanchez de Bustamante, delegate of the Republic of Cuba to the Second Hague Peace Conference, a member of the American Institute of International Law, President of the Cuban Society of International Law, a Senator of the Republic, and a leader of the bar. Mr. Bustamante strongly advised that this project be carried into effect; that English treatises on international law and monographs on some of its phases be translated into Spanish, and warmly approved the plan of translating Spanish works of the same kind into English. Mr. Bustamante and the Director believe that not merely English works, but that leading treatises or monographs written in other languages might appropriately be translated into Spanish and circulated in Latin-American countries. The Director is himself strongly in favor of this three-fold project, but he believes that in any event a beginning should be made with the Latin-American books, which should be translated into English and widely circulated, in

order that, unembarrassed by foreign language and technical expressions, teachers, students and jurists of the United States should have the opportunity, should they care to avail themselves of it, to master the process of thought of the Latin-American countries. He believes that a like opportunity should be given to the Latin-American publicists to understand and to appreciate the literature on the subject in works of authority printed in English.

The Director does not deem it necessary to argue this matter, as it is a subject which must, in his opinion, carry conviction with it, or otherwise fail to secure approval. The intellectual is the one field which all the American republics have in common. And in this intellectual field, the one subject they have in common and which makes an equal appeal to all is international law, because by its principles, if they be just, their relations should and will in the long run be regulated and controlled. The publicists therefore of the American countries can cooperate, and in the Director's opinion they will agree to do so; but an indispensable condition to intelligent cooperation is a thorough understanding and appreciation of the viewpoints of the publicists of the different countries, and especially the differences between the Latin American and the North American point of view.

The Director therefore proposes that he be authorized by the Trustees to proceed to the creation of what may be called a Biblioteca Internacional de Derecho de Gentes, that he be empowered to make such arrangements as in the opinion of the Executive Committee shall be adequate, and to designate for translation from Spanish into English and from English into Spanish such treatises on international law and monographs on some of its phases as in the opinion of the Executive Committee may seem desirable. The appropriation of the estimates approved by the Executive Committee will place at its disposal the funds to make this recommendation effective.

Publications of the Division

COLLECTION AND PUBLICATION OF ALL INTERNATIONAL ARBITRATIONS

The work on this important project, under the editorship of Mr. John Bassett Moore, is proceeding satisfactorily, greater progress having been made during the past twelve months than in any preceding year. The particular work done in Washington, under the supervision of the Division, during that time, has been concerned with the examination and copying of manuscript records of claims commissions, chiefly with Mexico and Spain.

A large proportion of the matter which has been accumulated for this very extensive project is in finished form, but the beginning of the work of printing is necessarily delayed by reason of the extended researches required in the case of early arbitrations, which have been found in large numbers, and the slow

and tedious nature of the highly expert task of dealing with the old and difficult texts, in various languages, in which the proceedings are recorded.

THE HAGUE CONVENTIONS AND DECLARATIONS OF 1899 AND 1907

The English and Spanish editions of this volume were fully described in preceding reports. In the Director's report for 1916, he urged that the Executive Committee authorize the publication of a French counterpart of these volumes, and the Committee at its meeting of January 4, 1917, made an allotment for the preparation of such a volume and the printing of one thousand copies thereof. In recommending this French edition the Director remarked that, as the original language of the conventions and declarations is French, a volume issued in that language would not only serve for French-speaking peoples all the purposes that the English and Spanish editions serve for the English and Spanish-speaking peoples, but would also contain the authoritative texts which statesmen and diplomatists of all nations must consult and by which they should be and in the end must be governed. Under these circumstances, it would seem that the French volume should receive an especially wide distribution and that accordingly the small edition already authorized might with advantage be increased so as to make these texts fairly accessible to the teachers and lawyers of all countries and especially of those countries where English or Spanish is not the native tongue. It may be added that inasmuch as the Hague Conventions and Declarations are the most important statements of codified international law and should, in promoting the purposes of the Endowment, be made as familiar as possible to the peoples of all countries, editions in the vernacular of each and every considerable population would exert a force throughout the world tending to converge the thoughts of humanity at large upon the ideal of international order based upon definite law in the shape of codes evolved by the nations in concert for their observance in their dealings with one another. The irresistible sanction of the common voice of that part of the human race gathered in civilized communities will follow from the growth of like convictions in all countries, from the development of the international mind everywhere. And the advance in thought of the multitudes of the uninstructed will be accelerated by placing and keeping before them, in the most intelligible form to them, the Twelve Tables, however incomplete as yet, of the structure of written international law.

In accordance with these views the Director would suggest that he be authorized to prepare editions of the Hague Conventions and Declarations in other foreign languages, and he suggests for the present especially the German, Italian and Portuguese languages, as versions in these languages can be prepared the most expeditiously and economically by the Division, and he calls

1 Year Book for 1915 at p. 136 and Year Book for 1916 at p. 140.

attention at the same time to the fact these languages are spoken by the people of populous and important nations.

THE REPORTS TO THE HAGUE CONFERENCES OF 1899 AND 1907

A page proof of this volume of nearly one thousand crown quarto pages was sent in bound form to each of the Trustees last autumn. Its issuance from the Clarendon Press, Oxford, may be expected in the near future. Revisions have been made and the press-work can be performed whenever the time for publication may be deemed most opportune.

The plan of the work is to set forth the principal diplomatic correspondence leading up to each Conference, the Final Act thereof, and the conventions and declarations in the order in which they are enumerated in the Final Acts, each convention and declaration being immediately followed by its respective report, which in turn is followed by the documents mentioned therein. The part assigned to each Conference is closed with a statement of the extent to which the various Powers have accepted the agreements through signature, ratification, adhesion and reservation. The reports are the official explanatory and interpretative commentary accompanying the draft conventions and declarations submitted to the conferences by the several commissions charged with preparing them, and the other documents include the proposals advanced by the delegations of the various Powers, which must be regarded as peculiarly important as statements of the attitudes of the sponsor Governments towards certain principles, rules, and unsettled questions of international law.

An edition of 1,000 copies of this volume in a counterpart in the French language was authorized by the Executive Committee at its meeting of January 4, 1917. Inasmuch as the original language of the Reports to the Conferences and their annexes as well as of the conventions and declarations is French, it is clear that the French edition will bear the same relation to the English edition as is borne by the French edition of The Hague Conventions and Declarations of 1899 and 1907 to the English edition already printed and distributed. That is to say, that it is the original French texts that international jurists and diplomatists must consult, and this volume should therefore prove to be their vade mecum, for it is hardly credible that they will laboriously handle the ponderous official printed proceedings of the Conferences when they can in any way avoid doing so. I would accordingly suggest that an edition of 2,000 copies of this volume be printed, instead of the 1,000 copies already authorized, as the difference of cost between 1,000 and 2,000 copies, if printed at the same time, is only about $1,000.

DOCUMENTS BEARING UPON THE HAGUE CONVENTIONS AND DECLARATIONS

This volume is to be a companion volume to the above-described English edition of The Reports to the Hague Conferences of 1899 and 1907. Proof slips for about one-third of the volume have been received from the printer, the Clarendon Press, Oxford, England, and manuscript for approximately another third is in the printer's hands.

The contents of the volume were described in my Report of last year,1 and it is thought that, inasmuch as the original texts of a majority of the documents are in the French language, a French edition of this companion volume also will be advisable. The Director is not at present prepared to furnish the Executive Committee with an estimate of the cost of such a volume, as the contents of the English edition itself are not finally determined.

RESOLUTIONS OF THE INSTITUTE OF INTERNATIONAL LAW DEALING WITH THE LAW OF NATIONS

This volume, which issued from the press last autumn, is a compilation in the English language of the resolutions adopted by the Institute of International Law from time to time on subjects of public international law. The collection also includes a number of resolutions of great international interest, although they could perhaps hardly establish a claim to be considered within the field of public international law, as well as a few of the most important draft codes considered by the Institute. The authority of the action taken by this group of eminent international jurists is so uniformly recognized in both Europe and America by statesmen, jurists and lawyers, that it is a very great pleasure, and a very great honor, to be able to make the first collection of the resolutions of the Institute dealing with public international law and to offer them in English translation to the reading public. A perusal of the table of contents of this volume shows indeed that almost all of the vexed questions of international law have at some time or other received the study of this most competent scientific body. In the list of some fifty topics appear international arbitral procedure, laws and customs of war on land, international duties of neutral States, an international prize court, submarine cables, extradition, international rivers, pacific blockade, occupation of territories, admission and expulsion of aliens, territorial sea, copyright, diplomatic and consular immunities, naval bombardment, nationality, expatriation, emigration, ships in foreign ports, insurrections, submarine mines, opening of hostilities, wireless telegraphy, aircraft, international tribunals, effect of war on treaties, and a naval war code.

It is believed that this volume, which is on sale by the American Branch of the Oxford University Press at two dollars per copy, will prove a most

1Year Book for 1916 at p. 143.