In addition to the Convention for the Pacific Settlement of International Disputes, the Hague Conference of 1899 also agreed to two other conventions, three declarations, and expressed several wishes. Very important was the Convention Regulating the Laws and Customs of Land Warfare based on the work of the Brussels Conference of 1874. The conference also adapted the principles of the Geneva Convention of 1864 to maritime warfare. It "declared " against the launching of projectiles and explosives from balloons for five years; the use of projectiles the only object of which is the diffusion of asphyxiating or deleterious gases; and the use of "dum dum" bullets. The conference also expressed a series of six wishes in favor of consideration, at a subsequent conference, of questions relating to the rights and duties of neutrals; the inviolability of private (enemy) property in naval warfare; and the bombardment of ports, towns, and villages by a naval force. It even expressed a wish that the governments might "examine the possibility of an agreement as to the limitation of armed forces by land and sea, and of war budgets."

The Second Hague Peace Conference

Acting upon the request of the Interparliamentary Union which met at the St. Louis Exposition in 1904, President Roosevelt suggested the meeting of a Second International Peace Conference on September 21st of that year. In accordance with the terms of the resolution adopted at St. Louis, he recommended the following questions as proper subjects for consideration:

1) The questions for the consideration of which the Conference at the Hague expressed a wish that a future Conference be called.

2) The negotiation of arbitration treaties between the nations represented at the Conference to be convened.

3) The advisability of establishing an International Congress to convene periodically for the discussion of international questions.

Owing, however, to the continuance of the Russo-Japanese War until September 5, 1905, the outbreak of the Russian revolution. which followed, and to the further delay caused by the meeting of the

Third Pan-American Conference, the Second International Peace Conference did not meet at The Hague until June 15, 1907.71

President Roosevelt generously conceded the honor of convening the Second Hague Conference to Czar Nicholas II who, for obvious reasons, omitted "limitation of armaments" from the Russian program. But Great Britain insisted upon raising this question, and the United States was determined to ask for a consideration of the Drago Doctrine in a modified form, i. e., the question of prohibiting the use of armed force for the recovery of contract debts unless arbitration is refused, or in case of failure to submit to an arbitral award.72

Owing mainly to the opposition of Germany, Austria, Japan, and Russia, the British Government failed in its attempt to secure a consideration of the question of a limitation of armaments or restriction of military expenditures. Germany even opposed the insertion of the words " more urgent than ever in the resolution which was adopted confirming the resolution of 1899 relative to this matter.73

Though the Second Hague Peace Conference of 1907 failed in some respects to meet the expectations even of conservative international jurists, it must be admitted that it was, on the whole, a notable success. It has to its credit thirteen conventions or treaties, one declaration, three wishes, and several recommendations.

71 Out of the 57 states claiming sovereignty, 44 Governments were represented at this conference. These included 18 Latin American states. The other two Honduras and Costa Rica - were invited, and appointed delegates, but these did not take their seats. Asia was again represented by Japan, China, Persia and Siam, Korea, having been occupied by Japan, was refused admission. As in 1899, the vote of Montenegro was cast by Russia's representatives and Bulgaria was again permitted by Turkey to send delegates.

The number of delegates had increased from 100 in 1899 to 256 in 1907.

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72 On the Drago Doctrine, see especially Moulin, La Doctrine de Drago (1908); Drago in this JOURNAL (1907), pp. 692-726; and Hershey, The Calvo and Drago Doctrines, ibid., 26-45. For the Instructions of December 20, 1902, by Seño Drago, the famous Argentine Minister and author of the Doctrine, see I SUPPLEMENT to JOURNAL, 1-6.

73 The Conference of 1899 had declared itself of the "opinion that the restriction of military charges, which are at present a heavy burden on the world, is extremely desirable for the increase of the material and moral welfare of mankind; " and it had expressed a wish that the governments examine the question.

The Final Act of the conference included the following conventions or treaties:

I) "Convention (of 97 articles) for the pacific settlement of international disputes"— a revision of the convention of 1899 dealing with this subject.

II)

III)

"Convention (of 7 articles) respecting the employment of force, for the recovery of contract debts "the famous Porter resolution embodying a modification of the Drago Doctrine.

Convention (of 8 articles) relative to the opening of hostilities."

IV) "Convention (of 56 articles) regarding the laws and customs of land warfare" a revision of the Hague code of 1899.

V)

"Convention (of 25 articles) regarding the rights and duties of neutral powers and persons in case of war on land." VI) "Convention (of 11 articles) relative to the status of enemy merchant ships at the outbreak of hostilities."

VII)" Convention (of 12 articles) relative to the conversion of merchant ships into war ships."

VIII) "Convention (of 13 articles) relative to the laying of submarine mines."

IX)

"Convention (of 13 articles) respecting bombardments by naval forces in time of war" - an application of the rules governing bombardment on land to naval warfare.

X) "Convention (of 28 articles) for the adaptation of the principles of the Geneva convention (of 1906) to maritime warfare"-a revision of the Hague convention of 1899 which had adapted the Geneva convention of 1864 to maritime warfare.

XI) "Convention (of 14 articles) relative to certain restrictions on the exercise of the right of capture in maritime warfare." This convention includes provisions relating to the inviolability of postal correspondence, the exemption. from capture of vessels engaged in coast fishing, etc., and

regulations regarding the disposition of the crews of enemy merchant ships captured by a belligerent. XII) "Convention (of 57 articles with an Annex) relative to the establishment of an International Prize Court."

XIII)

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Convention (of 33 articles) respecting the rights and duties of neutral powers in naval war." 74

The conference renewed "for a period extending to the Third Peace Conference" the declaration of 1899 prohibiting "the discharge of projectiles and explosives from balloons or by other new methods of a similar nature." It also declared itself " in principle ” in favor of obligatory arbitration,75 and that certain "differences, and notably those relating to the interpretation and application of international conventional stipulations, are susceptible of being submitted to obligatory arbitration without any reservation."

A resolution, confirming that of 1899 in favor of the desirability of the limitation of military burdens was adopted; and "in view of the fact that military burdens have considerably increased in nearly

74 For a table showing which states had signed the various conventions of the Second Hague Conference by June 20, 1908—the final date set for signatures of the plenipotentiaries - see this JOURNAL (1908), 876-77; Higgins, 530-31; or 2 Scott, The Hague Peace Conferences, 528-31. All but one (Paraguay) had signed the Final Act. The greatest delinquents were China (which had only signed the declaration, the first convention, and the Final Act) and Nicaragua (which had only affixed her signatures to the Final Act). Nicaragua has since given her adhesion to nearly all the Hague conventions. The only conventions which fared badly were the Porter resolution which was only signed (and even then with many reservations) by thirty-four states; the convention on submarine mines which failed to receive the signatures of seven states (including Russia); the convention relative to the establishment of an International Prize Court, which was only signed by thirty-one states (Great Britain, Japan, Russia and Brazil being among the non-signatories); and the declaration prohibiting projectiles from balloons, which failed of seventeen signatures. The United States did not sign Conventions VI, VII, and XIII.

For a table showing ratifications, see this JOURNAL (1911), 769-70.

75 The failure of the conference to agree upon a definite plan of obligatory arbitration was mainly due to the opposition of Germany and Austria. The proposition of the United States in favor of exclusive limited compulsory arbitration had thirty-five votes in its favor and only nine against it, with three abstentions. See Professor Hull's excellent article on "Obligatory Arbitration and the Hague Conferences" in this JOURNAL (1908), 731-42: and 1 Scott, ch. 7.

all countries since the said year,' "76 the conference declared it "highly desirable for governments to undertake again the serious examination of this question."

The Hague Conference of 1907 made the following notable recommendations and wishes: 1) A recommendation that the signatory Powers adopt and enforce a project or draft of a "Convention (of thirty-five articles) for the organization of a Court of Arbitral Justice" as soon as they shall have reached an agreement upon the selection of judges and the constitution of the court. 2) A wish that "in case of war the proper civil and military authorities make it their very special duty to insure and protect the maintenance of peaceful intercourse, and notably the commercial and industrial relations, between the peoples of the belligerent states and of neutral. states." 3) The wish that "the Powers settle, through special conventions, the situation in respect to the support of the burden of military occupations by foreigners resident within their territories." 4) The wish that "the elaboration of regulations relative to the laws and customs of maritime warfare may figure in the program of the next conference, and that in any case, the Powers apply, as far as possible, to maritime warfare the principles of the Convention

76 They have gone on increasing since 1907. It would be "highly desirable" to recommend action, or at least negotiation, on this subject at the next conference.

77 This draft, which was mainly based on a project presented by the United States, was annexed to the first recommendation of the conference and is contained in the Final Act. It failed of adoption because of the opposition of many of the smaller states led by M. Ruy Barbosa of Brazil. It provides for a perma rent court of competent judges (number not specified) "representing the various juridical systems of the world" appointed for a term of twelve years and capable of reappointment. These judges shall meet at The Hague once a year if necessary (in June), to decide pending cases and designate three judges to whom it delegates its powers. The Powers were unable to agree upon the constitution of the court and the apportionment of the judges.

For the text of this very interesting project, see 2 SUPPLEMENT to this JOURNAL (1908), 29-43: Higgins, The Hague Peace Conferences, 498-509; and Scott, The Texts of the Two Hague Conferences. See especially the admirable article on "The Proposed Court of Arbitral Justice" by J. B. Scott, the real author of the project, in this JOURNAL (1908), 772-810; and ch. 9 of 1 Scott's Hague Peace Conferences.