proceedings. The Director, as Reporter General, prepared the report, 10,000 copies of which have been published and are being circulated by the Government.1 The Endowment, which greatly contributed to the success of the Congress by inviting numerous guests from Latin-America, purchased by resolution of the Executive Committee, 2,000 copies of the Final Act, and of these the Endowment has distributed 724 copies, in order to present them to interested persons who might otherwise not receive them. The Director is happy to state that a Spanish edition of the Final Act, including the Interpretative Commentary, has been published by the Government and is being widely circulated in LatinAmerica.

PROPOSALS FOR THE AVOIDANCE OF WAR

On October 27, 1916, the Executive Committee allotted the sum of $500 to aid in the circulation of Proposals for the Avoidance of War. These proposals emanated from a group of men in England who, Viscount Bryce states in a prefatory note, seek "to provide machinery by and through which that great body of international public opinion which favors peace may express itself, and bring its power to bear upon the governments of those nations in which there may, from time to time, exist a spirit of aggression, or a readiness to embark on war in pursuit of selfish interests or at the bidding of national pride." It is proposed "that existing states, retaining their sovereignty, should unite themselves by treaty to preserve peace." Stated in summary form, the signatories of this treaty would bind themselves

1. To refer all disputes that might arise between them, if diplomatic methods of adjustment had failed, either to a court of arbitration for judicial decision, or to a council of conciliation for investigation and report.

2. Not to declare war or begin hostilities until the court had decided or the council had reported.

3. To put pressure, diplomatic, economic or forcible, upon any signatory power that should act in violation of the preceding conditions.

The proposers and their distinguished sponsor, Lord Bryce, "are duly sensible of the difficulties to be overcome before even these limited and tentative proposals could be likely to find acceptance with those who direct the policy of states." For this reason, the proposals were at first circulated privately and confidentially to a limited number of interested persons with requests for suggestions and criticisms. A grant of $500 was made by the Endowment last year to aid in this private circulation. The replies were evidently encouraging to

1The Resolutions and Recommendations of the Congress with the Official Commentary thereon Concerning International Law, Public Law and Jurisprudence, have been gathered into a small volume which was issued by the Endowment's Division of International Law in the course of 1916.

the proposers, for the suggestion of further aid in the circulation of the proposals was made for the purpose of giving them public circulation.

BORCHARD'S "DIPLOMATIC PROTECTION OF CITIZENS ABROAD"

During the preceding year, Dr. Edwin M. Borchard, formerly Assistant Solicitor for the Department of State and now professor of law at Yale University, published a volume of about one thousand pages upon the subject of Diplomatic Protection of Citizens Abroad. The volume was favorably received not only in the United States, but in foreign countries. It supplies a comprehensive treatise upon a subject which is of much practical importance in the regular duties of foreign offices and State departments, and which has a great deal to do with the friendly relations between states. Indeed, the treatment accorded to foreigners is one of the most important phases of the whole subject of international law. The alleged mistreatment of citizens and disregard of their property interests are frequently the causes of strained relations between states and may easily lead to the severance of diplomatic relations, if not to actual hostilities. The Director, therefore, felt that the Endowment would be performing a useful service if copies of Dr. Borchard's book were purchased and placed in libraries, especially in foreign countries. The Executive Committee, upon his recommendation, authorized the purchase and distribution of one hundred copies of this book, and they have been placed in university and public libraries throughout the world.

"PEACE THROUGH JUSTICE"

Upon the written request of Mr. Arthur D. Call, the Secretary of the American Peace Society, the Director gave permission to that Society to publish in book form his introduction to Ladd's Essay on a Congress of Nations, republished by the Endowment in 1916, and an article contributed by him to the Advocate of Peace for January, 1917, entitled The Organization of International Justice, prefaced by a letter written by him to Mr. Jackson H. Ralston under date of June 16, 1915, concerning the policy which the American Peace Society might properly pursue. In accordance with this permission, the American Peace Society republished these three articles in book form during the early part of the present year, and the Executive Committee of the Endowment authorized the purchase and distribution of five hundred copies of the book. For obvious reasons, the Director refrains from indulging in any comment upon the republication of these articles or their distribution by the Endowment.

LA DOCTRINE SCOLASTIQUE DU DROIT DE GUERRE

The Director is happy to state that since his last report on this project was submitted' arrangements have been made with Professor Emile Chénon of the 1 Year Book for 1916, p. 179.

University of Paris to carry to completion the unfinished work of the late Mr.
Vanderpol.

Professor Chénon has collected the manuscripts, put them in shape for publication and turned them over to the publisher. The Endowment is also indebted to him for the preparation of a preface explaining the purpose of the volume. The publisher reports that he expects to issue the work during the present month.

COLLECTION OF THE MOST IMPORTANT TREATIES SINCE THE PEACE OF WESTPHALIA

The Director regrets that he is unable to report the completion of this work. The reason given in last year's report1 for the delay still exists and will probably continue to delay the work until after the close of the war.

JAHRBUCH DES VÖLKERRECHTS

The first and second volumes of this publication were described in the Year Books for 1913-1914 and 1916. The third volume, which has recently made its appearance in Germany, is devoted to the international documents of the European war. It contains 796 pages and sells at 20 marks unbound and 24 marks in half-leather. The editors, Dr. Theodor Niemeyer and Dr. Karl Strupp, have made departures from the plans of the earlier volumes owing to the exigencies imposed by the war. The new plan contemplates devoting three volumes to the diplomatic documents of the great war. The first volume of this series, which forms the third volume of the Jahrbuch, contains the documents preceding the war between the Central Powers and the Triple Entente, Serbia, Montenegro, and Belgium, the documents bearing on the entrance of Japan into the war, and the political documents of the war up to the declaration of war between Austria-Hungary and Belgium on August 28, 1914, to which are added several useful indexes. On the desirability of this change in the plan of the Jahrbuch, the publishers make the following remarks:

Research work, both as to the historical phases of the present war and questions of international law involved therein will, for many years to come, be confined to illuminating its origins and course with a compilation, as complete as possible, of all relevant material. Diplomatic correspondence, utterances of the governing authorities, the various official books (blue, gray, white, etc.) and other records and documents as they may sooner or later find their way out of the archives must first be put in order and be allowed to speak for themselves.

The present collection is part of the preliminary work to the great task of research work which we intend to do.

1Year Book for 1916, p. 163.

The plan of the Jahrbuch had to be modified for the period of the war. Treatises on special questions have been excluded. Only records bearing upon the war have been included.

The quantities and the varied nature of the material available called for special classification of the material and apportionment to several volumes.

The present volume deals with the politico-historic antecedents and the initial phases of the war up to August 28, 1914. The volumes that are to follow (three "war volumes" are contemplated) will cover the succeeding political history of the war, that is, will contain documents bearing more specially upon international law.

The annexed indexes will be supplemented at the end of the last volume with an alphabetical table of contents. The concluding volume will furthermore contain an international bibliography of the world war.

The preliminary labors are carried on in the Seminar for International Law of Kiel University, in connection with the collecting of literature bearing upon questions of international law as brought to light in the present

war.

The Executive Committee, at its meeting of April 21, 1916, allotted a sum for the purchase of 100 copies of Volume 3.

CASES AND ESSAY ON THE SUPREME COURT OF THE UNITED STATES AS A PROTOTYPE OF AN INTERNATIONAL COURT OF JUSTICE

Foreigners have heard it stated ad nauseam that the Supreme Court of the United States and its practice and procedure are the prototype of that permaLent international court of justice which is one day to be established as the organ of the society of civilized nations, and which is to be, in the language of a Hague convention, "accessible to all in the midst of independent Powers." But, so far as the Director of the Division knows, the partisans of this international court and of the Supreme Court and its model have either contented themselves with general statements or with a general survey of the Supreme Court and its practice and jurisdiction, without subjecting the decisions of the court in suits between states to an exhaustive examination, in order to show (1) that the judicial power extends not to all cases involving law and equity, but only to those cases of a justiciable as distinct from a political nature; (2) that the Supreme Court necessarily decides when a controversy exists between the plaintiff and defendant state; that this controversy not only involves law and equity but is of a justiciable and not of a political nature before it examines the jurisdiction in the case; (3) that the Supreme Court decides whether a state is a party, for an individual may not sue a state in the Supreme Court of the United States since the passage of the eleventh amendment to the Constitution; (4) that having decided these preliminary questions, the Supreme Court permits the plaintiff to proceed with its case in the presence of the defendant

state, if it appears, and ex parte if the defendant state, properly summoned, does not appear, and reduces its claims, if sustained by proof and a principle of law, to a judgment, which binds the conscience of the losing state, although neither the government nor the court possesses the power to compel the defendant state to execute the decision.

Yet, if nations are expected to submit their justiciable disputes to an international tribunal, they must be shown that the judicial power does not extend to political questions, but only to questions of a non-political nature; and they must be shown by the adjudged case that the determination of the justiciable or non-justiciable nature of the dispute can properly be vested in a court. This the Supreme Court has repeatedly done. The nations must further, in the opinion of the Director of the Division, be convinced that they can not be dragged into court as an individual litigant would be, because states have a different temper and sense of dignity from that of the individual. If they are not to be asked to do a futile thing, they must be shown that states claiming to be sovereign have appeared and continue to appear before an international court, because the Supreme Court is in its origin and nature an international court, under the pressure of public opinion and the assurance of the reasonableness of its judgments. If nations are to understand that a judgment against a state will be obeyed by that state, notwithstanding physical force is not to be used, they must be shown that judgments of an international court, such as the Supreme Court, are habitually observed by defeated states claiming to be sovereign, without the interposition of physical force, just as arbitral awards are accepted and executed by the defeated nation without a resort to arms. They must also be shown that a form of procedure, based indeed upon the procedure obtaining between individuals but modified so as to suit the needs and to recognize the dignity of states, has been devised by the Supreme Court of the United States, in suits between states, which permits a defendant state to present its entire case and the plaintiff state to present its case without the delay and embarrassment of technical objections which too often clog justice between individuals. All these matters have been passed upon by the Supreme Court in the course of the past 125 years, and there is a wealth of adjudged decisions on every one of these points, so that if the nations hesitate to create an international court of justice because of doubts on any one or all of these points, they need but procure a set of the reports of the Supreme Court of the United States. and master their contents.

The Director believes, however, that foreign publicists and leaders of opinion in foreign countries would be more disposed to consider the question seriously and be more open to conviction if there could be placed in their hands a couple of volumes containing decisions on all these matters. He has therefore collected the decisions of the Supreme Court of the United States in suits between states, including suits by the United States against states of the American