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COPYRIGHT, 1920, BY

DOUBLEDAY, PAGE & COMPANY
ALL RIGHTS RESERVED, INCLUDING THAT OF
TRANSLATION INTO FOREIGN LANGUAGES,

INCLUDING THE SCANDINAVIAN

PREFACE

In the Summer Session of 1919, the author gave a course of lectures on International Organization and Coöperation, in the Department of Public Law, Columbia University. The lectures were supplemented by discussions and written reports by members of the class on various phases of the subject. The general purpose was to examine the League Covenant analytically in its relation to (1) international organization, (2) international law, and (3) international cooperation, using the comparative method whenever precedents could be found.

The substance of these lectures and discussions was put into form in August, 1919. During the period up to March 31, 1920, the manuscript was kept abreast of events in connection with the League and the Treaty of Versailles. As the purpose was to analyze the Covenant and Treaty at first hand and not to defend a thesis, or support policy with regard to any particular state, the failure of the United States to become an original member of the League has in no way disturbed the plan of the book. On November 19, 1919, the United States Senate defeated ratification by a vote of 55 to 39, and again on March 19, 1920, by a vote of 49 to 35. On March 20, 1920, the Treaty of Versailles was returned to President Wilson. Whether or not the United States remains outside of the League, or becomes a member with reservations, the League Covenant is in force as to the present members; and, unless it fails utterly of its purposes, will affect the foreign relations of the United States both in the matter of peaceful coöperation and in settling disputes which might lead to a rupture. Moreover, the wisdom of the reservations proposed by the United States Senate can be appraised only by such a study as has here been attempted.

For the most part, the facts have been allowed to speak for themselves, opinions and prophecies rarely being hazarded; but the

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study has resulted in the author's personal conviction that the League of Nations should be supported not merely because it provides means for putting war a few steps farther in the background, but because it emphasizes the necessity for coöperation between sovereign states. International coöperation is an end in itself, the benefits of which are felt directly by the people of all participating states, and incidentally it tends to decrease the number of disputes likely to lead to a rupture.

The author is indebted to many writers whose works have been consulted and quoted and to whom credit is given in the footnotes, the chapter references, and the selected Bibliography (Appendix 8). Particularly is he grateful to Mr. Henry F. Munro, Lecturer in International Law, Columbia University, who examined and criticized all of the manuscript; and to Miss Elsie Basset, of the Catalogue Staff of the Columbia University Law Library, who verified all references, dates, and quotations.

FREDERICK C. HICKS. Columbia University,

March 31, 1920.

TABLE OF CONTENTS
1. INTERNATIONAL ORGANIZATION

CHAPTER

PAGE

3

I. THE SOCIETY OF NATIONS IN 1914 . . . . . II. THE BALANCE OF POWER AND THE CONCERT OF EUROPE III. HOW THE LEAGUE OF NATIONS WAS BORN . . IV. SALIENT FEATURES OF THE LEAGUE COVENANT . .

V. PROPOSALS FOR A LEAGUE OF NATIONS . . . . VI. FORMER LEAGUES OF NATIONS

66

II. INTERNATIONAL LAW AND THE LEAGUE VII. CUSTOMARY INTERNATIONAL LAW AND TREATY

MADE LAW . . . . . . . . . . . 95 VIII. THE LEAGUE AND THE DEVELOPMENT OF INTER

NATIONAL LAW . . . . . . . . . . IX. INTERNATIONAL LAW OF PEACE . . . . . .

X. INTERNATIONAL COMMISSIONS OF INQUIRY. . . 134 XI. INTERNATIONAL ARBITRATION . . . . . . 147 XII. INTERNATIONAL TRIBUNALS WITH PERMANENT PER

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III. INTERNATIONAL COOPERATION AND

THE LEAGUE XIV. INTERNATIONAL COOPERATION DURING THE WAR. 201 XV. DIPLOMACY AS A MEANS OF INTERNATIONAL COÖPER

ATION . . . . . . . . . . . . . . XVI. TREATIES AND COOPERATION . . . . . . . 227 XVII. COÖPERATION IN NATIONAL LEGISLATION . . . XVIII. PUBLIC INTERNATIONAL UNIONS

. . . . . 256 XIX. THE INTERNATIONAL LABOR ORGANIZATION ..270

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