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International Law

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The United States And World Organization, Edwin D. Dickinson Jan 1922

The United States And World Organization, Edwin D. Dickinson

Articles

On what conditions should the United States enter a world organization for the maintenance of peace? Viewing the question broadly, should not the United States enter world organization upon one condition, namely, that the organization give promise of the utmost achievement in the maintenance of peace? Unless we are prepared to repudiate the avowals of our statesmen and reverse what is perhaps the oldest and most fundamental tradition of our foreign policy, can we consistently insist upon any other condition than this one?

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Rules Of Warfare, Edwin D. Dickinson Nov 1921

Rules Of Warfare, Edwin D. Dickinson

Articles

Professor Dickinson anticipates the 1921 Conference of Washington on arms control and limitation in light of the recent world war and the special situations in the Far East. "War is abnormal, the negation of law and order, the exaltation of force..... This does not mean that codes of war law, so called, have no place or function ...."

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Book Reviews, William W. Cook, Edwin D. Dickinson, Joseph H. Drake, Wayne C. Williams Jun 1921

Book Reviews, William W. Cook, Edwin D. Dickinson, Joseph H. Drake, Wayne C. Williams

Michigan Law Review

This is a book that every lawyer should read and every law student should be required to read. It is the culminating work of a masterly mind that for over fifty years has been studying governments, ancient and modern,' and meantime the writer has had the practical advantage of holding high and responsible offices, including that of British Ambassador to the United States. Viscount Bryce speaks plainly of American national, state and municipal shortcomings in government, especially the last, but it is done in a kindly vein. He is a friend of America and gives us credit for much.

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Book Reviews, C D. Allin Apr 1921

Book Reviews, C D. Allin

Michigan Law Review

The Equality of States in International Law. By Edwin De Witt Dickinson. (Cambridge: Harvard University Press, ig"o. Harvard Studies in Jurisprudence, Vol. III.) Pp. ix, 424.

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Note And Comment, Alan W. Boyd, Ralph E. Gault, Horace Lafayette Wilgus, Edwin C. Goddard Feb 1921

Note And Comment, Alan W. Boyd, Ralph E. Gault, Horace Lafayette Wilgus, Edwin C. Goddard

Michigan Law Review

The Permanent International Court of Justice - For the first time in history leading powers both great and small have been able to agree upon a plan for an international court of justice. The plan was formulated last summer by an advisory committee of jurists sitting at The Hague. Since then it has been submitted to the Council and the Assembly of the League of Nations and has been approved. It will come into operation as soon as the project has been ratified by a majority of the nations belonging to the League

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Permanent Court Of International Justice: Various Problems Solved By Commission Appointed By Council Of The League Of Nations To Submit Plan For Tribunal To Determine Justiciable Questions, Elihu Root Jan 1921

Permanent Court Of International Justice: Various Problems Solved By Commission Appointed By Council Of The League Of Nations To Submit Plan For Tribunal To Determine Justiciable Questions, Elihu Root

Kentucky Law Journal

This address was delivered by Elihu Root at the House of the Association of the Bar of the City of New York on October 21, 1920. The address was originally published in the Journal of the American Bar Association, vol. 6, no. 7.

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The Permanent International Court Of Justice, Edwin D. Dickinson Jan 1921

The Permanent International Court Of Justice, Edwin D. Dickinson

Articles

For the first time in history leading powers both great and small have been able to agree upon a plan for an international court of justice. The plan was formulated last summer by an advisory committee of jurists sitting at The Hague. Since then it has been submitted to the Council and the Assembly of the League of Nations and has been approved. It will come into operation as soon as the project has been ratified by a majority of the nations belonging to the League.

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Limitations On The Doctrine Of Diplomatic Immunity, Herbert T. Leyland Jan 1921

Limitations On The Doctrine Of Diplomatic Immunity, Herbert T. Leyland

Kentucky Law Journal

No abstract provided.

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The Execution Of Peace With Germany: An Experiment In International Organization, Edwin D. Dickinson Apr 1920

The Execution Of Peace With Germany: An Experiment In International Organization, Edwin D. Dickinson

Articles

IN one respect, at least, the Peace of Versailles is unlike any of the great European settlements of earlier date. The provisions included to ensure the execution of its terms are vastly more ambitious in scope and more elaborate in detail than anything of the kind contained in earlier treaties. There is an extraordinary emphasis upon organization for the enforcement of peace.

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The Equality Of States In International Law, Edwin Dewitt Dickinson Jan 1920

The Equality Of States In International Law, Edwin Dewitt Dickinson

Books

The author has attempted in this volume to present the equality of states as it appears in the theory of international law and also as it is affected by common usage. Theoretical aspects of the subject are considered in chapters dealing with the sources of the principle, its origin, and its significance in the writings of modem publicists and in illustrative documents. The opinion that Grotius first established the principle in international law is examined and evidence is adduced which indicates that the opinion is erroneous. The equality of states as affected by common usage is really their inequality or …

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Retaliation And Neutral Rights, Hessel Edward Yntema May 1919

Retaliation And Neutral Rights, Hessel Edward Yntema

Michigan Law Review

The readjustment of international law to the ever-changing conditions of maritime warfare has always presented problems of extreme difficulty. Particularly is this the case, when, as in the Napoleonic wars and the recent European conflict, belligerents, falling back upon the exceptional plea of necessity, attempt to modify the rights of neutral powers to their own advantage or even to involve them in the conflict. A question of this character, namely, the extent to which a belligerent in pursuing retaliatory measures against 'alleged violations of international law by his opponent, may thereby abridge the admitted rights of neutrals, was raised in …

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Sources Of International Law, Charles G. Fenwick Apr 1918

Sources Of International Law, Charles G. Fenwick

Michigan Law Review

International law has clearly reached a drisis in its development. For a period of nearly 300 years preceding the outbreak of the present war international law appeared to the casual observer to have grown steadily and progressively. The student of history was able to point out certain clear and definite advances in the development of the law and assign them to particular dates. Grotius could be pronounced the Father of International Law, and the year 1625, which marked the appearance of his great treatise, could be set as the beginning of the modem period. A noticeable improvement in the law …

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War And Law, Charles H. Hamill Nov 1917

War And Law, Charles H. Hamill

Michigan Law Review

Law creates rights. It not merely defines them; it creates them. Without law, one may what he can. With law, one can only that which he may. Law is the device by which the many, individually weak, control and compel the few individually strong or cunning. It is a device by which is reduced nature's handicap in favor of the physically strong and ruthless. Where law obtains, those who are fitted to the system created by the law, as the economically efficient, prevail and survive. In the absence of law, only the strong and cunning can survive.

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Status Of The Philippines, George A. Malcolm May 1916

Status Of The Philippines, George A. Malcolm

Michigan Law Review

The mainland included within the boundaries of the United, States proper is now made up of States, and of the District of Columbia, specially created for the national capital. Outside of this compact territory are other units, not States, related in. some manner to the national government.

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International Status Of The Grand Duchy Of Luxemburg And The Kingdom Of Belgium In Relation To The Present European War, Theodore P. Ion Apr 1915

International Status Of The Grand Duchy Of Luxemburg And The Kingdom Of Belgium In Relation To The Present European War, Theodore P. Ion

Michigan Law Review

The case of Belgium presents an entirely different aspect both from the legal and the political point of view. While the guarantee of the neutrality of Luxemburg interests---or interested at the time of the signature of the Treaty of 1867 -- France and Prussia only, and the other contracting parties (and particularly Great Britain) acceded to it, to use the "'reluctantly," words of Lord Stanley, that of Belgium had and has an entirely different character so far as England is concerned. It affects her vital interests, namely, her own security. Hence the difference in the wording of the instrument guaranteeing …

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International Status Of The Grand Duchy Of Luxemburg And The Kingdom Of Belgium In Relation To The Present European War, Theodore P. Ion Mar 1915

International Status Of The Grand Duchy Of Luxemburg And The Kingdom Of Belgium In Relation To The Present European War, Theodore P. Ion

Michigan Law Review

The International status of the Grand Duchy of Luxemburg and J-of the Kingdom of Belgium, through whose territory the army of Kaiser William II marched, in order, to use the expression of Grotius, "to meet the enemy," has been, since the outbreak of the present European war, the crucial point of discussion between the diplomatists and publicists of the belligerents, each trying to impress upon the neutral public the justice of the cause of their country.

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Executive Legislative And Judical Recognition Of International Law In The United States, Charles G. Fenwick Feb 1913

Executive Legislative And Judical Recognition Of International Law In The United States, Charles G. Fenwick

Michigan Law Review

The indefiniteness which attends both the concept and the con- tent of what is known as international law will sufficiently explain why it is difficult to -determine the exact relation which that body of law which regulates the conduct of states bears to the domestic law of each individual state. First of all, jurists are not agreed as to whether international law deserves to be called law in any real sense. The followers of the school of AUSTIN who, restrict law to the category of commands imposed by a political superior upon a political inferior, naturally refuse to recognize the …

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International Arbitration, Joseph B. Moore May 1909

International Arbitration, Joseph B. Moore

Michigan Law Review

The history of the race whether considered as one of individuals or as nations has been one of struggle. Did one individual fancy another had done him a wrong, he proceeded to right that wrong himself by the exercise of force. From the day when Cain killed his brother Abel, for many centuries contests between individuals were settled, not as justice dictated, but by brute force. The result was a disorderly condition of society unfavorable to peaceful conditions. In the evolution of the race, when men differed, instead of attempting to settle their differences by force, tribunals were brought into …

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An Organic Conception Of The Treaty-Making Power Vs. State Rights As Applicable To The United States, Charles Sumner Clancy Nov 1908

An Organic Conception Of The Treaty-Making Power Vs. State Rights As Applicable To The United States, Charles Sumner Clancy

Michigan Law Review

When we talk of the State, its rights or its structures, we are necessarily led to the inquiry, "What do we mean by the State?" Beginning with the proposition that the State is a composite formed of individuals whose lives are shaped by the life of the whole, it necessarily follows that a perfect understanding of any particular State would involve a knowledge of the characteristics of the members who compose it. This of course is obviously impossible, but the theory underlying States generally is founded upon general human characteristics. So we may take as a basis the great truth …

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The Work Of The Second Hague Conference, W. F. Dodd Feb 1908

The Work Of The Second Hague Conference, W. F. Dodd

Michigan Law Review

The second Hague Conference came to an end on October 18, 1907, after sitting for more than four months. In the popular mind the Conference has been dismissed as a failure. No sensational actions were taken, and the quiet and solid work of a group of international lawyers has had little attraction for the general public. It is, however, worth while to make a plain statement of what the Conference did and did not accomplish. The first Hague Conference in 1899 was essentially a peace conference. The question of partial disarmament was put at the head of the Russian program …

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Recent Important Decisions, Michigan Law Review Jan 1908

Recent Important Decisions, Michigan Law Review

Michigan Law Review

Acknowledgement--Impeachment--Examination of Married Woman; Bankruptcy--Discharge--Libel; Bankruptcy--Selection of Trustee--Right of Creditors to Elect; Bills and Notes--Genuine Draft with Forged Bill of Lading; Bills and Notes--Release of Indorsers; Carriers--Refulsal to Give Transer--Passenger's Motive in Requesting; Covenants--covenant Against Incumbrances--Runs with the Land; Deeds--Parties--One Not Names as Grantor Signing; Elections--Corrupt Practices Act--who is a Candidate; elections--voting Machines--Statute Unconstitutional; Eminent Domain--Taking of railroad Right of Way for Street Purposes--Measure of Damages; Equity--maxims--application in Suit for Divorce on Statutory Grounds; Evidence--Opinion as to One's Physical Condition--Expert Testimony; Foreign Corporations--Right to do business in State can Become Vested; Foreign Corporations--Service of Process on--What Constitutes "Doing Business"; Foreign …

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Note And Comment, Harry B. Hutchins, Ross F. Moore, John E. Winner Jan 1908

Note And Comment, Harry B. Hutchins, Ross F. Moore, John E. Winner

Michigan Law Review

The International Law Association and Its Last Meeting; The Extent to Which the Action of Medical Boards may be Controlled By Mandamus; The Effect Upon An Illegal marriage of Cohabitiation After the Removal of the Impediment;

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Convention For The Peaceful Adjustment Of International Differences, Amos S. Hershey Jan 1908

Convention For The Peaceful Adjustment Of International Differences, Amos S. Hershey

Articles by Maurer Faculty

No abstract provided.

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Federal Treaties And State Laws, Charles Noble Gregory Nov 1907

Federal Treaties And State Laws, Charles Noble Gregory

Michigan Law Review

The rights of foreigners, in case of conflict between federal treaties with their several countries and laws enacted by the states, have been recently much considered. Such questions are undoubtedly to be solved by constitutional law under our frame of government, but they so directly affect our international obligations and relations that they are habitually treated as proper topics to be discussed in our best works on International Law.

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Japanese School Incident At San Francisco From The Point Of View Of International And Constitutional Law, Theodore P. Ion. Mar 1907

Japanese School Incident At San Francisco From The Point Of View Of International And Constitutional Law, Theodore P. Ion.

Michigan Law Review

The act of the Board of Education of San Francisco in assigning to Japanese pupils separate school buildings, has been the occasion of a diplomatic incident which, although insignificant in itself, may lead to far reaching consequences both in regard to the internal affairs and the external relations of the country. It is neither the first, nor will it probably be the last sign, of the struggle for equality of the yellow with the white man, which may subsequently be emphasized in a more tangible, if not abrupt manner, resulting in a clash between the two races: the one, trying …

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Monroe Doctrine Its Status, John F. Simmons Feb 1907

Monroe Doctrine Its Status, John F. Simmons

Michigan Law Review

In 1895. President Cleveland in his message to Congress in regard to what has come to be known as the "Venezuela affair" said the Monroe Doctrine "has its place in the code of international law as certainly and as securely as if it were specifically mentioned." To test the accuracy of this statement we must determine as closely as possible what the Monroe Doctrine is and what is the correct meaning of the term "code of international law." Having settled our definitions the issue will be clearly defined and its discussion possibly profitable.

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An International Prize Court, Amos S. Hershey Jan 1907

An International Prize Court, Amos S. Hershey

Articles by Maurer Faculty

No abstract provided.

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The Calvo And Drago Doctrines, Amos S. Hershey Jan 1907

The Calvo And Drago Doctrines, Amos S. Hershey

Articles by Maurer Faculty

No abstract provided.

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The Japanese School Question And The Treaty-Making Power, Amos S. Hershey Jan 1907

The Japanese School Question And The Treaty-Making Power, Amos S. Hershey

Articles by Maurer Faculty

No abstract provided.

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The Power Of The Senate To Amend A Treaty, Bradley M. Thompson Jan 1905

The Power Of The Senate To Amend A Treaty, Bradley M. Thompson

Articles

The recent refusal of the Senate to ratify eight general arbitration treaties which the President had concluded with Austria-Hungary, Switzerland, Great Britain, France, Portugal, Germany, Mexico,' and Norway and Sweden, until, against the protest of the President, it had modified them materially by amendment, has called public attention to the treaty-making power, and has raised the question as to whether or not any of that power is vested in the Senate.

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