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BOOK REVIEWS

La Chine et la Grande Guerre Européenne. By Dr. Nagao Ariga, with a preface by M. Paul Fauchille. Paris: A. Pedone, 1920. pp. 342.

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This small but highly valuable and interesting volume is written for a very definite purpose: that of proving to the world at large that China stands, once for all, back of accepted principles of international law, in the capacity of a world Power which has much of value to offer in the matter of interpreting and applying these principles,-this as the result of five years' experience of difficulties which had to be met, and had to be overcome merely because China is China. Many were the varied and perplexing problems confronting the nation during the war period; and, whether judged by the standard of the theorist or by those of the practical diplomat, the Chinese officials proved themselves not only students (in the highest sense of the term) of the principles of international relationship, but teachers and authoritative exponents thereof. In the words of the author: "In the future it must no longer be the foreigner who forces her to recognize and observe the principles of the law of nations; it must be China herself who must be inspired by the desire to govern her conduct by these principles. . . . The Republic proved to a demonstration that she was both able and willing to abide by the rules of international law." The author has enjoyed exceptional opportunities for observing at first hand, and hence fully appreciating from every standpoint, the exact situation of China during the war, having occupied the position of legal adviser to the Republic for the seven and one-half years preceding the publication of the work. But aside from the above, he has had access to archives and documents which clothe his book with a peculiar authority, many of which are presented by him to the public in its pages for the first time. He has also drawn on the White Book issued by the Chinese Government in 1919, a publication modeled on the British Blue Books. This work contains, he tells us, 191 separate episodes set out in chronological order, the most important of which he has reproduced, with comments. But over and above these sources, thanks to the permission of the Chinese Government, the author has been permitted, during the preparation of this book, to examine, and use as texts, documents preserved in the Cabinet Files, and in the files of the Bureau of Affairs dealing with Neutrality, established by that government during those troublous times.

*The JOURNAL assumes no responsibility for the views expressed in signed book reviews.-ED.

As to the book itself: it is, one might say, in a sense a diminutive case book of international law, limited to the classification and, to a certain extent, the analysis of a generous number of episodes involving problems which the Chinese Government was called upon to solve, first as a neutral Power, next as a nation which has broken off friendly relations with a sister nation, and finally in the capacity of a state at war. The situation which, in general, confronts any member of the family of nations during these changing phases of polity and fact is briefly commented upon by the writer, who then follows up his remarks by a careful presentation of what we may describe as the local political landscape of China at the time, and the methods pursued by her in adapting her own peculiar conditions to an observance of the legal principles involved. In so doing the writer adopts the method, excellent as it is simple, of presenting the facts attendant on each case as it came up, in many cases the exchanges of the representatives of the nations interested, and the final action taken. These incidents are, naturally, related in condensed form, but not to an extent to interfere with the lucidity of presentation which characterizes the entire work. It is the ordered and useful product of an ordered and comprehensive mind.

C. L. BOUVÉ.

The British Year Book of International Law, 1920-21. London: Oxford University Press. 1920, pp. viii, 292.

This first volume of the British Year Book of International Law appears under the auspices of a committee composed of Sir Erle Richards, Professor Higgins, Sir John MacDonnell, Sir Cecil Hurst, and Mr. Whittuck, with Mr. Picciotto as the editor. This list of distinguished scholars is of itself an invitation to serious consideration. The series of essays, so appetizingly printed, well justifies the attention which its sponsors invite. Their purpose is to provide an annual volume wherein may be found "well-informed and careful contributions to the science of international law," the fruits of research as applied to the problems of today. In this initial work are ten essays as follows: The British Prize Courts and the War, by Sir Erle Richards; Sovereignty and the League of Nations, by Sir Geoffrey Butler; The Legal Position of Merchantmen in Foreign Ports and National Waters, by A. N. Charteris, Esq.; The Legal Administration of Palestine under the British Military Occupation, by Lt. Col. Norman Bentwich; Submarine Warfare, by Professor Higgins; The Peace Treaty in its Effects on Private Property, by E. J. Schuster, Esq.; and International Labor Conventions, by Sir John MacDonnell; together with three anonymous contributions upon Changes in the Organization of the Foreign and Diplomatic Service, the League of Nations and the Laws of War, and the Neutrality of Brazil. In addition there are

appreciative memorial notices of Professors Oppenheim and Lawrence, of Heinrich Lammasch, and Dr. Pitt Cobbett. Lastly there have been included a tentative list of international agreements, 1919-20, and a fairly complete bibliography of recent literature in the general field.

With the limits of this notice it is impossible to give to each essay the attention it deserves. In discussing the work of British prize courts, Sir Erle Richards, faced by the question of the legality of retaliation as presented by the case of the Leonora, concludes that though the law must be reluctant to admit that illegality may be answered by illegality at the expense of third parties, yet in practice it is impossible to deny that some right of retaliation exists. Even if this "right" exists as against the enemy (about which there can be little doubt), there does not seem as yet to be a basis for it as against neutrals, except the very practical one of preponderant belligerent power over neutral complaisance or weakness. The right is only likely to be claimed in exceptional circumstances, "only in super-wars such as the last, in which neutral influence ceases to be a real power." Or to put it in another way, if the preponderance of sea-power is neutral, there is likely to be no attempt to make use of retaliatory methods. If sea-power is preponderantly belligerent, there may be. This is all doubtless true, but it is the denial rather than the affirmation of a legal principle. That way madness lies.

Discussing merchantmen in national waters, Mr. Charteris examines the conflicting British and French systems and argues for an international agreement upon the extent and nature of jurisdiction over foreign merchant vessels based upon the resolutions of the Institute of International Law, but giving definite content to the phrase "crimes and offenses disturbing the peace of the port.

Mr. Schuster considers, without attempting to decide, the question as to whether the treatment of personal property after the conclusion of peace as provided for in the treaty of peace with Germany has set a precedent to be followed in the future. On the one hand, the risk of confiscation may impede desirable freedom of commerce; on the other hand a risk might have some deterrent effect "upon a number of powerful and influential persons who might otherwise be favourable to ambitious military projects." There is thus raised the kind of query always to be met with in reference to the instrumentalities of warfare, on the one hand the affront to sensibility, upon the other the deterrent effect of severity.

The aim of the editors that the volume contain worthy contributions to the science of international law has been accomplished, and it is to be hoped that the continuance of the series may be assisted by the support given it by American readers.

J. S. REEVES.

La Intervención de España en la Independencia de Los Estados Unidos. By Manuel Conrotte. Madrid: Libreria general de Victoriano Suarez. 1920. pp. 298, 6 pesetas.

The growing interest recently shown by historical schools of the United States in the relation of Spain to the Revolutionary War in this country has its counterpart in this book from the pen of a Spanish historian. That the influence of Spain on the struggle was less than that of many other countries is admitted by the author. While in cities of the United States many monuments are found erected to the honor of foreigners who participated in that struggle, he points to the fact that there are none to Spaniards and implies that perhaps none are deserved. The influence which Spain's participation exerted on the war for the independence of the United States is of less interest than the influence which Spanish participation in that struggle had on Spanish sovereignty over her own American dominions. The author's introduction speaks of the pernicious example placed before the Spanish colonies by the assistance which Charles III gave to the rebellious English colonies, a matter usually emphasized by writers in this field.

The author's chief source of information, he says, was the diplomatic correspondence contained in the National Historical Archives at Madrid. Although his footnotes and citations are not especially numerous, they are sufficient to support the claim that the material is drawn chiefly from valuable primary sources. There are some, though few, citations of secondary sources. The book is not merely a worthy contribution to the history of the Revolutionary War, but it also contributes useful material for a history of that conflict and at the same time constitutes a suggestive guide or index to the rich repository of material for the history of the United States contained in the archives of Spain.

The most frequent references are to the correspondence of Floridablanca, the Spanish Foreign Minister; Aranda, Spanish representative at Paris; Vergennes, French Foreign Minister; Montmorin, French representative at Madrid; Masserano, Escarano, Almodovar and Campo, successive Spanish representatives at London; Franklin and Lee, representatives of the revolted English colonies; Bernado Galvez, Spanish Governor of Louisiana, and José de Galvez, Spanish Colonial Minister.

An appendix of seventy-five pages contains the complete text of many documents, among them the full power of Franklin to negotiate a treaty with Spain, the treaty between France and Spain of April 12, 1779, by virtue of which the latter entered the war against England; articles of capitulation presented by Galvez, Spanish Governor of Louisiana, to Durnford, English Governor of West Florida and commander of British troops, and articles of capitulation presented by the same Spanish Governor to the British commander at Pensacola.

The writer in his first chapter draws an interesting contrast between the impression which the insurrection in America produced on the public opinion of France and Spain, respectively. The influence of the Encyclopedists and the doctrines of Rousseau caused the French to applaud the colonists who had rebelled against tyranny, to compare them with the heroes of classical antiquity, and to celebrate their exploits in poetry, theatricals, and novels. In Spain, on the contrary, the conclusions of theology and philosophy were such that the crime of disobedience on the part of a subject toward his sovereign could not be tolerated.

Speaking of the defective linguistic equipment of the Colonial Commissioners, the writer says that Franklin spoke very bad French, Deane worse, and Lee was absolutely ignorant of the language, characteristic faults which their diplomatic successors have not yet entirely overcome.

Spain's position in international affairs after 1763; her attempt to preserve a conditional neutrality and intervene to restore peace between England and the colonies; her military objectives; her negotiations with the colonies; her share in the peace negotiations, and the outstanding difficulties in her relations with the new nation over the questions of boundaries and navigation of the Mississippi River, constitute the chief topics of the successive chapters.

As is usual, though regrettable, in Spanish books of this character, there is no alphabetical index, but merely a topical list of contents. In this there are not even page citations, except at the beginning of chapters. WM. R. MANNING.

The Equality of States in International Law. Harvard Studies in Jurisprudence, Volume III. By Edwin DeWitt Dickinson, Ph.D., J.D. Cambridge: Harvard University Press. 1920. pp. xiii, 424.

The idea of equality is instinctive. Its vehement assertion is an imperious necessity. One could never assert the right of inequality except in defense of slavery.

The principal of equality among nations has been vigorously reaffirmed in recent years. The American Institute of International Law on January 6, 1916, declared:

Every nation is in law and before law the equal of every other nation belonging to the society of nations, and all nations have the right to claim and, according to the Declaration of Independence of the United States, "to assume, among the powers of the earth, the separate and equal station to which the laws of nature and of nature's God entitle them."

The Union Juridique Internationale, in its session of November 11, 1919, in Paris, also declared in more guarded terms that:

Les Etats sont égaux devant le Droit.

L'égalité de droit implique une égale coopération à la réglementation des intérêts

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