Relative to the Laws and Customs of War on Land." 5) A recommendation that the Powers hold a "Third Peace Conference, which might take place within a period similar to that which has elapsed since the preceding Conference, on a date, to be set by joint agreement among the Powers." 78

Aside from its inability to agree upon definite plans to secure a limitation of armaments, limited obligatory arbitration, and a real permanent Court of Arbitral Justice, the greatest failures of the Second International Peace Conference at The Hague were: its inadequate Convention Relative to Submarine Mines; its failure to provide a code of rules for the regulation of maritime warfare; and the unsatisfactory character of the Convention respecting the Rights and Duties of Neutral Powers in Naval War. An International Prize Court was agreed upon; but, owing mainly to the wide divergence between the Anglo-American and Continental systems of maritime jurisprudence, it was found impossible to agree upon a code of maritime law which should govern the decisions of the court.79

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78 The attention of the Powers was also drawn to the "necessity of preparing the labors of that Third Conference sufficiently in advance to have its deliberations follow their course with the requisite authority and speed." It was added: In order to achieve that object the Conference thinks it would be very desirable that a preliminary committee be charged by the governments about two years before the probable date of the meeting, with the duty of collecting the various propositions to be brought before the Conference, to seek out the matters susceptible of an early international settlement, and to prepare a program which the governments should determine upon early enough to permit of its being thoroughly examined in each country. The committee should further be charged with the duty of proposing a mode of organization and procedure for the Conference."

79 On the Hague Conferences of 1899 and 1907, see especially Barclay, Problems of Int. Practice and Diplomacy (1907); Bustamenta y Sirvén, La seconde Conferénce de la paix (1909); Foster, Arbitration and the Hague Court (1904); Fried, Die Zweiter Haager Konferenz (1908); #Higgins, The Hague Peace Conferences (1909); #Holls, The Peace Conference at the Hague (1900); Hull, The Two Hague Peace Conferences (1908); De Lapradelle, La Conference de la Paix, in 6 R. G. D. I. (1899); #Lawrence, Int. Problems and Hague Conferences (1908); #Lémonon, La seconde Conference de la Paix (1908); Mérignhac, La Conference de la Paix (1900); Meurer, Die Haager Friedenskonferenz (1905); Nippold, Die Fortbilding des Verfahrens (1905); ibid., Die Zweite Haager Freidenskonferenz (1908); #Scott, The Two Hague Conferences (1909); #Renault, L'Oeuvre de la Hague (1908). For a very complete bibliography, see De Lapradelle et Politis, in 16 R. D. I. P. (1909), 385-87.

The Naval Conference of London of 1909

In order to find common meeting-ground on some of the most fundamental points of maritime law, a naval conference of the leading ten maritime Powers was held at London during the winter of 1908-09. This conference agreed upon a Declaration consisting of seventy-one articles embodying a code of rules regulating the rights of neutrals and belligerents with respect to neutral commerce. In importance these rules may be compared with those laid down in the famous Declaration of Paris of 1856. They contain important provisions relating to the law of blockade, contraband, continuous voyage, hostile aid or unneutral service, the destruction of neutral prizes, the transfer of the flag, enemy character, the right of convoy, etc.8

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The science of international law during the nineteenth century The history of the science of international law during the nineteenth century has never been written. All that can be indicated here are the general tendencies or lines of development and the names of some of the leading authorities.

It may be said that modern writers on international law are increasingly historical and positive, although certain abstract and theoretical tendencies are still very marked, especially on the Continent of Europe. The pure law of nature school has almost wholly

For the texts of the Conferences, see Higgins, The Hague Peace Conferences; Scott, Texts of the Two Hague Conferences; 2 Scott, The Hague Peace Confer ences; Whittuck, International Documents (1908); and Int. Law Situations (1908), 117 ff.

so On the London Naval Conference of 1909, see especially Baty, Britain and Sea Law (1911): Bentwich, The Dec. of Lond. (1911); Bowles, Sea Law and Sea Power (1910); Bray, British Rights at Sea (1911); Cohen in 27 Law Quar. Rev. (1911) and 26 Rep. I. L. A. (1911); Correspondence, etc., and Proceedings (Cd, 4554 and 4555, 1909); Dupuis La guerre maritime, etc. (1911); ibid., in 18 R. D. I. P. (1911), 360 ff.; Harris in 56 National Rev. (1910), 393 ff.; Lawrence in 99 Contemp. Rev. (1911), 348 ff.; #Lémonon, La Confér, Navale de Londres (1909); Macdonnell in 11 J. Soc. Compar. Leg., 68 and 26 Rep. I. L. A. (1911); Myers in this JOURNAL (1910), 4:571; Niemeyer, Das Seekriegsrecht (1910): Oppenheim in 27 Law Quar. Rev. (1911), 372 ff.; Politis in J. D. I. P. (Clunet, 1909– 10); Reinsch in 190 No. Am. Rev. (1909), 479 ff.; Renault, La Confér. Navale de Londres (1909); Stockton in this JOURNAL (1910), 3:196; Westlake in 67 Nineteenth Cent. (1910), 505 ff.: Int, Law Topics (1910).

disappeared, but publicists like Wheaton, Manning, Fiore, PradierFodéré, Bonfils, and Piedèliévre still show the influence of ideas derived from the theories of natural law.

It is perhaps most useful and convenient to divide nineteenth century authorities according to nationality. The leading British treatises in chronological order, are those by Manning, Wildman, Phillimore, Twiss, Sheldon-Amos, Creasy, Hall, Maine, Lorimer, T. J. Lawrence, Walker, and Westlake. Other British writers who have materially contributed to the science of international law in the nineteenth century are Atherly-Jones, Baty, Barclay, Bernard, Cobbett, Harcourt (Letters by Historicus), Higgins, Holland, Phillipson, and Spaight. The British publicists are, in the main, overwhelmingly positivist and historical.

In any enumeration of British authorities, the name of Sir William Scott (later Lord Stowell), the founder of British maritime jurisprudence, deserves a place by itself by reason of the important judicial decisions and opinions of that eminent judge.

Among the authorities contributed by the United States are, (chronologically arranged): Kent, Wheaton, the elder Woolsey, Lieber, Halleck, Wharton, Field, Dana, W. B. Lawrence, Pomeroy, Snow, Moore, Davis, Wilson, Woolsey, Jr., Taylor, Stockton, J. B. Scott, Bordwell, Gregory, Hyde and Reinsch.* The judicial decisions of Judges Marshall, Story, and Gray are also of great importance. The American writers are essentially positivist, though perhaps more under the influence of Continental ideas than are British publicists. They are especially distinguished by impartiality and a certain freedom from the national bias which characterizes some of the British authorities.

The leading German and Swiss authorities since 1815 are Klüber, Heffter, Bluntschli, von Holtzendorff, Bulmerincq, Geffcken, Perels, Lueder, Ullman, Liszt, Oppenheim,82 Stoerk, Nippold, and Meili.

81 An exception is Lorimer. See note, supra, on p. 34.

82 Oppenheim, a German publicist, who has recently succeeded Westlake as pro fessor of international law at Cambridge, England, has published an important treatise in English. His point of view is, however, essentially Continental. Rivier The author modestly omits his own name, but the list would be incomplete without it.-J. B. S.

The strong consciousness of military strength which followed the realization of German unity, together with the survival of Bismarckian methods and traditions, appears to have had a deleterious effect upon the development of international law in Germany since 1870, though evidence is not lacking that German publicists are recovering their former interest in this branch of jurisprudence. German idealism combined with German system and thoroughness must soon again place Germany in the front rank of contributors to our science.

If Germany has been losing, France has been gaining interest in international law during the same period. Except for the special studies and collections of Cauchy, Cussy, Hautefeuille, Ortolan, Pistoye et Duverdy, etc., the contributions of Frenchmen appear to have been comparatively slight and unimportant prior to 1870. Since then we have had important treatises by Funck-Brentano et Sorel, Pradier-Fodéré (in 8 volumes), Bonfils, Chrétien, Despagnet, Piédelièvre, and Mérignhac. There have also been valuable contributions by Dumas, Dupuis, Fauchille, Féraud-Giraud, De Lapradelle, Moulin, Pillet, Poinsard, Renault, Rey, and many others. The French publicists of the present era are predominantly historical and practical, and a clear style combined with scientific method makes their works, as a rule, remarkably attractive.

The best known modern Italians are Brusa, Cassanova, CarnazzaAmari, Fiore, Mancini, and Pierantoni. Their views have been greatly influenced by Mazzini's teachings on the subject of nationality, which some of them have vainly attempted to erect into a principle of international law.

The leading Spanish and Spanish-American authorities are Alcorta, Alvarez, Bello, Calvo (in 6 vols.), and Olivart.

Among authorities of other nationalities, the following appear especially worthy of mention from the standpoint of general reputation: the Belgian publicists Descamps, Laurent, Nys, Rivier, Rolin, should perhaps be classed as a Swiss rather than a Belgian publicist, having been born in Switzerland and having served as Swiss Consul-General in Belgium, but I have classed him as Belgian because the greater part of his work was done at the University of Brussels where he was appointed to a professorship as early as 1867.

and Rolin-Jaequemyns; the Russians F. de Martens and Kamarowsky; the Dutch Asser and Ferguson; the Scandinavian Kleen; the Austrians Lammasch and Neumann; the Portuguese Pinheiro-Ferreira and Testa; and the Greeks Saripolas and Streit.

The Japanese have also materially contributed to the science of international law. The works of Ariga and Takahashi enjoy a European and American reputation.83

AMOS S. HERSHEY.

83 The most important Forerunners of Grotius were: 1) Alfonso the Wise, King of Castile (1252-84), who, with the aid of collaborators, compiled a mediæval code of law called the Siete Partidas, which contained many rules of land and naval warfare. 2) Giovanni de Legnano, professor of law at Bologna, who (in 1360) wrote the first substantive treatise upon the laws of war. His work, which was not published before 1477, was entitled De bello, de represaliis, et de duello. 3) Honoré Bonet, a Benedictine monk and a Provençal, the author of a remarkable book which bears the peculiar title of L'arbre des battailes. It was written about 1385 and contains 132 chapters on the law of warfare. This work was re-edited by M. Nys, in 1883. 4) Christine de Pisan, perhaps the first advocate of woman's rights, who was born at Venice in 1363 and was educated at the French court. Among the voluminous works of this remarkable woman, there was one entitled Livre des faits l'armes et de chevalerie, which is largely copied, with due acknowledgment, from the Arbe des battailles of Honoré Bonet. Both Bonet and Christine were far in advance of their age in humanitarian sentiments, but their works were nevertheless highly successful. 5) Bello, an Italian jurist and statesman, who published an important work entitled De re militari et de bello about 1558. 6) Victoria (1480-1546), a Dominican monk and professor at Salamanca, whose thirteen Relectiones theologica were first published in 1557. Two of these, the fifth entitled De Indiis and the sixth De jure belli, deal with the rights of the Indians and the laws of war. Victoria is probably the first modern thinker who conceived the idea of a society or community of nations based upon natural reason and sociability. It was Victoria who first used the phrase jus inter gentes. He set up the doctrine of the solidarity and interdependence of states and placed the rights of the Spanish in the Indies upon the natural rights of commerce and communication. 7) Ayala (1548–84), a military judge in the service of Philip II, who published a treatise in 1581 on the laws of war and military discipline. 8) The great Spanish Jesuit Suarez, who published his Tractatus de legibus in 1612. In a famous passage, which is translated by Westlake (see Chapters, pp. 26-27), Suarez for the first time clearly states the view that each state is a member of an international community or society of nations which are bound together by the necessity of mutual aid and communion. He also distinguished clearly between international law (jus gentium) and the law of nature (jus naturale). 9) Gentilis, a.