CHAPTER XVI Restrictions Upon Jurisdiction Over Territory: Easements and Servitudes a-d. Hyde, C. C., International Law, I, §§ 152-198. A general study, Potter, P. B., "The Doctrine of Servitudes in International Law," b-d. Scott, J. B., International Servitudes (Washington, 1910). English translations of extracts from works of foreign publicists and extracts from British and American publicists. Clauss, I., Die Lehre von den Staatsdienstbarkeiten (Tübingen, 1894), A valuable monograph showing the historical development of servitudes and the legal theories involved in them. Translated in full in J. B. Scott, supra. b. Kaeckenbeeck, G., International Rivers (London, 1918). A scholarly study of the early history and later conventional regulation of international rivers. CHAPTER XVII Jurisdiction Over the Aerial Space Above National Territory a. Hazeltine, H. D., The Law of the Air (London, 1911). A scholarly study, applying general principles to new conditions. Kuhn, A. K., "The Beginnings of an Aërial Law," and Baldwin, S. E., "The Law of the Airship," Am. Journal of Int. Law, IV (1910), 109, 95. Lee, B., "Sovereignty of the Air," Ibid., VII (1913), 470. c. Kuhn, A. K., "International Aërial Navigation and the Peace Conference," Am. Journal of Int. Law, XIV (1920), 369. Hazeltine, H. D., "International Air Law in Time of Peace," Re- Spaight, J. M., Aircraft in Peace and the Law (London, 1919). CHAPTER XVIII The High Seas a-e. Fulton, T. W., The Sovereignty of the Sea (London, 1911). A valuable study, dealing principally with territorial waters. Ogilvie, P. M., International Waterways (New York, 1920). Chaps. V, VI, deal with "The Sovereignty of the Seas" and "The Freedom of the Seas." Brown, L. F., The Freedom of the Seas (New York, 1919). A popular survey of early claims to sovereignty of the seas and later problems arising from belligerent rights, with useful bibliographical notes at the end. a. Grotius, Hugo, Mare Liberum (1609), translated into English by R. Van D. Magoffin, The Freedom of the Seas (New York, 1910). A classic defense of the rights of the Dutch against Portuguese claims. Bynkershoek, C. van, De Dominio Maris (1702), translated into English by R. Van D. Magoffin (in press). A classic defense of the freedom of the seas. b. Smith, D. W., The Law Relating to the Rule of the Road at Sea (Glasgow, 1910). A commentary on the Final Act of the Conference of 1889, with English and Scotch decisions. e. Moore, J. B., Principles of American Diplomacy (New York, 1918). Chapter III, "The Freedom of the Seas." Piggott, Sir F., The Freedom of the Seas (Oxford, 1919). An analysis of the phrase "freedom of the seas" from its use in 1654 down to 1856. Potter, P. B., The Freedom of the Seas in History, Law, and Politics (New York, 1924). A scholarly analysis of the subject, including an historical examination of controversial issues and of the political facts underlying them and an exposition of the relation of the freedom of the seas to the general problem of international organization. Appendix B, Bibliography. Nippold, O., The Development of International Law after the World War (Oxford and New York, 1923). Translated from the German. Pp. 149-186 discuss the "freedom of the seas," principally as understood by Germany during the World War. CHAPTER XIX The External Independence of States b-g. Garvin, J. L., The Economic Foundations of Peace (London, 1919). A journalistic study of the economic conditions essential to a permanent political organization. b. Moore, J. B., Principles of American Diplomacy (New York, 1918). A survey of the foreign policy of the United States. Reinsch, P. S., World Politics at the End of the Nineteenth Cen- Brailsford, H. N., The War of Steel and Gold (9th ed., London, A statement Bryce, J. (Lord), International Relations (New York, 1922). Lecture 4, "The Causes of War." Dickinson, G. L., The European Anarchy (New York, 1917). A brief study of the rivalries of the Great Powers. Culbertson, W. S., Commercial Policy in War Time and After: A Culbertson, W. S., "Raw Materials and Foodstuffs in the Commercial c. Willoughby, W. W., China at the Conference (Baltimore, 1922). An account of the rivalries of the Great Powers in their relations with China. d. Colonial Tariff Policies. U. S. Tariff Commission (Gov't Printing Office, 1922). CHAPTER XX International Treaties a-j. Crandall, S. B., Treaties, Their Making and Enforcement. (2nd ed., New York, 1916). A standard treatise, with emphasis upon American practice, followed by a compendium of decisions. Moore, J. B., Digest of Int. Law, V, §§ 734-780. Official documents illustrating American practice. Potter, P. B., Introduction to the Study of International Organization (New York, 1922). Chaps. X, XI, "Treaty Negotiation," "The Modern Treaty System," with select bibliography in Appendix B, §§ 10, 11. Satow, Sir E., Guide to Diplomatic Practice (2nd ed., New York, 1922). Chaps. XXVII-XXXI discuss the diplomatic aspects of treaty negotiation, with numerous references to specific treaties. Myers, D. P., Manual of Collections of Treaties. See Chap. IV, a. Reciprocity and Commercial Treaties. U. S. Tariff Commission (Gov't Printing Office, 1919). Handbook of Commercial Treaties. U. S. Tariff Commission (Gov't Printing Office, 1923). A digest of commercial treaties of all nations, including a statement of the treaty-making power and principles of interpretation. d. Wright, Q., The Control of American Foreign Relations (New York, 1922). A study of constitutional problems, including (Chap. XIV) "The Power to Make International Agreements." Mathews, J. M., The Conduct of American Foreign Relations (New York, 1922). Chaps. VIII-XIII deal with the making and execution of treaties. h. Roxburgh, R. F., International Conventions and Third States (London, 1917). A scholarly monograph, presenting both theory and practice. CHAPTER XXI The Agents of International Intercourse a-h. Moore, J. B., Digest of Int. Law, IV, §§ 623-695. American official documents illustrating the "Intercourse of States." Satow, Sir E., A Guide to Diplomatic Practice, Vol. I (London, 2nd ed., 1922). A mine of information, with citations from writers and illustrations of practice. Bibliography at end of Vol. II. Foster, J. W., The Practice of Diplomacy as Illustrated in the Foreign Relations of the United States (New York, 1906). A popular narrative of the rules of procedure of diplomatic intercourse. Potter, P. B., Introduction to the Study of International Organization (New York, 1922). Part II, Modern Diplomacy. Instructions to Diplomatic Officers of the United States. Issued by the Department of State. Not a public document, but obtainable upon request. e. Wicquefort, A., L'Ambassadeur et ses Fonctions (The Hague, 1680). Translated into English by John Digby, The Embassador and his Functions (London, 1716, 1740). A classic commentary on the diplomacy of the period. i. Stowell, E. C., Le Consul: Fonctions, Immunités, Organisation, Exequatur (Paris, 1909). A technical treatise, of value to the spe cialist. Stowell, E. C., Consular Cases and Opinions from the Decisions of the English and American Courts and the Opinions of the Attorneys General (Washington, 1909). A valuable collection, with comprehensive index and compendium of subject-matter. Moore, J. B., op. cit., V, §§ 696-733. American official documents relating to "Consuls." Hyde, C. C., International Law Chiefly as Interpreted and Applied by the United States (Boston, 1922). Vol. I, §§ 460-488, "Consuls." Consular Regulations of the United States (Gov't Printing Office, 1896). CHAPTER XXII Remedial Rights a. Holland, T. E., The Elements of Jurisprudence (8th ed., New York, 1896). Chap. XIII discusses "Remedial Rights" under Private Law. b. Scott, J. B., "The Evolution of a Permanent International Judiciary," Am. Journal of Int. Law, VI (1912), 316-358. A French edition, enlarged, bears the title, L'Évolution d'une Jurisdiction Internationale Permanente (Paris, 1919). A survey of the growth of remedial rights and procedure, followed by illustrative extracts from writers. Maine, Sir H., Early History of Institutions (London, 1874). Lectures IX, X, "The Primitive Forms of Legal Remedies," offer helpful analogies to the development of international remedial rights. CHAPTER XXIII The Responsibility of International Persons b-d. Moore, J. B., Digest of Int. Law, VI, §§ 998-1039. Official documents illustrating "Claims," the grounds and conditions of intervention of the United States on behalf of its citizens. Borchard, E. M., The Diplomatic Protection of Citizens Abroad (New York, 1915). Chaps. IV-VIII treat of the "International Responsibility of the State." b-c. Triepel, H., Droit International et Droit Interne (Oxford, 1920). Chap. III, § 13 deals with the "Responsibility of the State for Acts of Individuals." Hyde, C. C., International Law Chiefly as Interpreted and Applied by the United States (Boston, 1922). Vol. I, §§ 286-302, deals with "Claims," including incidentally the responsibility of states. Baty, T., International Law (New York, 1909). Chaps. III-V cite numerous instances of facts giving rise to claims. Ralston, J. H., International Arbitral Law and Procedure (Boston, 1910). Chaps. VIII, IX and XI summarize decisions of arbitral courts in passing upon "Claims" and "Damages" and "Responsibility." Oppenheim, L., International Law, Vol. I, §§ 148-167, "Responsibility of States," a good text-book survey. CHAPTER XXIV Peaceful Procedure a-d. Moore, J. B., Digest of International Law, VII, §§ 1064-1088. American official documents. d. Moore, J. B., History and Digest of the International Arbitrations to which the United States has been a Party, 6 vols. (Washington, 1898). The standard work upon the subject, with documents and descriptive text. De Lapradelle, A., et Politis, N., Recueil des Arbitrages Internationaux. Tome I, 1798-1855 (Paris, 1905). A collection of historical instances, including chronological tables and subject-index. Darby, W. E., International Arbitration. International Tribunals (4th ed., London, 1904). A collection of schemes for international peace, followed by historical instances of arbitration summarized. Phillipson, C., Two Studies in International Law (London, 1908). Part I, "The Influence of International Arbitration upon the Development of International Law," contains a study of theory and survey of practice. Ralston, J. H., International Arbitral Law and Procedure (Boston, 1910). "A resumé of the procedure and practice of international commissions, and including the views of arbitrators upon questions arising under the law of nations" (sub-title). f. Scott, J. B., ed., The Hague Court Reports (New York, 1916). The awards, accompanied by syllabi, of courts of arbitration established under the provisions of the Hague Conventions. |