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PRINCIPLES OF INTERNATIONAL LAW APPLIED BY THE SPANISH TREATY

CLAIMS COMMISSION. Samuel B. Crandall....

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Dissenting opinion of Dr. Luis M. Drago.

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PERIODICAL LITERATURE OF INTERNATIONAL LAW. W. Clayton Carpenter
and George A. Finch..

SUPPLEMENT

.261, 512, 774, 1019

IMPORTANT TEXTS OF AN INTERNATIONAL CHARACTER.

THE AMERICAN JOURNAL OF INTERNATIONAL LAW is supplied to all members
of the American Society of International Law without extra charge, as the
membership fee of five dollars per annum includes the right to all issues of the
JOURNAL published during the year for which the dues are paid.

The annual subscription to non-members of the Society is five dollars per
annum (one dollar extra is charged for foreign postage), and should be placed
with the publishers, Baker, Voorhis & Company, 45 and 47 John Street, New
York City.

Single copies of the JOURNAL will be supplied by the Publisher at $1.25
per copy.

Applications for membership in the Society, correspondence with reference
to the JOURNAL, and books for review should be sent to James Brown Scott,
Editor in Chief, P. O. Box 226, Washington, D. C.

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THE BASIS OF PROTECTION TO CITIZENS RESIDING

ABROAD1

I shall ask you to listen for a few minutes to some remarks regarding the protection which a nation should extend over its citizens in foreign countries. I do not select this topic because I have anything new to say about it, or because there is any real controversy among international lawyers concerning the principles involved or concerning the fundamental rules to be applied, but because there is a considerable degree of public misunderstanding about the subject, and situations are continually arising in which a failure of the public in one country or another to justly appreciate the extent and nature of international obligation leads to resentment and unfriendly feeling that ought to be avoided.

The subject has grown in importance very rapidly during recent years. The world policy of commercial exclusiveness prevailing in the early part of the last century has practically disappeared. The political relations on the one hand and the commercial and industrial relations on the other hand of different parts of the earth to each other are quite separate and distinct. It is not uncommon to find that a nation has commercial colonies which bear no political relation to her whatever, and political colonies which are industrially allied most closely to other countries.

The increase in facilities for transportation and communication steamships and railroads and telegraphs and telephones - has set in motion vast armies of travelers who are making their way into the most remote corners of foreign countries to a degree never before known.

The general diffusion of intelligence among the people of all civilized, and to a considerable degree of semi-civilized, countries, has carried to the great mass of the people - the working people of the

1 Opening address by Hon. Elihu Root, president of the American Society of International Law, at the fourth annual meeting of the Society, in Washington, April 28, 1910.

world a knowledge of the affairs and the conditions of life in other lands; and this, with the cheapness and ease of transportation, has led to enormous emigration and shifting of population. One of the salient features of modern political development has been the severance of the people from the soil of their native countries. The peasant, who was formerly a fixture in his native valley, unable to conceive of himself as a part of any life beyond the circle of the surrounding hills, now moves freely to and fro, not only from one community to another, but from one country to another. Labor is becoming fluid, and, like money, flows towards the best market without paying much attention to political lines. The doctrine of inalienable allegiance so inconsistent with the natural course of development of the new world, and so long and so stoutly contested by the United States, has been almost universally abandoned. It is manifest that the few nations which have not given their assent to the right of their citizens to change their citizenship and allegiance as they change their residence will not long maintain their position. This change has led to a new class of citizens traveling or residing abroad; that is, the naturalized citizen, who, returning to his country of origin or going to still other countries, claims the protection not of his native but of his adopted government. Among the great throngs of emigrants to other countries may be distinguished two somewhat different classes one composed of those who have transferred their substantial interests to the new country and are building up homes for themselves; the other class composed of those who still continue their principal interests in the country from which they have come and under their new conditions are engaged in accumulating means for the better support of the families and friends they have left behind them, or for their own future support after the return to which they look forward.

The great accumulation of capital in the money centers of the world, far in excess of the opportunities for home investment, has led to a great increase of international investment extending over the entire surface of the earth, and these investments have naturally been followed by citizens from the investing countries prosecuting and caring for the enterprises in the other countries where

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