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DIVISION OF INTERNATIONAL LAW

REPORT OF THE DIRECTOR

TO THE EXECUTIVE COMMITTEE:

I have the honor to present the following report of the activities of the Division of International Law covering the period since November 12, 1912, and indicating the requirements of the Division for the fiscal year beginning July 1, 1914, and ending June 30, 1915. In addition, the Director has deemed it advisable to submit preliminary reports on various projects, for which, however, no appropriations are requested at this time.

Consultative Committee of the Institute of International Law for the

Division of International Law

This Committee convened at Oxford on August 1, 1913, and held meetings on that day, as well as on August 2 and 3. The meetings were attended by Messrs. von Bar, Fusinato, Hagerup, Holland, Renault, Albéric Rolin (members of the Committee) and the Director of the Division of International Law of the Carnegie Endowment. The major part of the time at these three meetings was devoted to the preparation of draft regulations to govern the relations to be established between the Endowment and the Institute of International Law. The discussions bore particularly upon the questions of the manner of selecting the members of the Consultative Committee, how matters should be brought before the Committee, quorum, substitute members, expenses, the ratification by the Institute of the opinions expressed by the Committee, etc. The draft regulations, as agreed upon by the Committee August 3, 1913, were submitted to the Institute at its meeting of August 6 and were thoroughly discussed on that date, at the afternoon meeting of August 8, and at the morning meeting of August 9. This discussion resulted in the acceptance by the Institute of the eight articles as drafted by the Committee, with the exception of Article 3 relative to the number of members and their terms of office. The regulations as agreed upon are as follows:

Regulations in Respect to the Relations to be Established between the Carnegie Endowment and the Institute of International Law

ARTICLE 1. The Institute of International Law, confirming the resolution which it adopted at Christiania under date of August 26, 1912, accepts the functions of General Adviser of the Division of International Law of

the Carnegie Endowment. In consequence of this acceptance it has formed a special Consultative Committee, to which it delegates, under the conditions. hereinafter specified, the performance of the said functions.

ART. 2. The Consultative Committee for the Carnegie Endowment shall be composed of ten members, together with the secretary general of the Institute, who shall act as its president.

The Committee shall appoint a vice-president.

There shall be, moreover, a secretary appointed by the president.

ART. 3. The nine members who are first elected shall retire from office as follows: the first third at the end of two sessions, the second third at the end of four sessions, the third third at the end of six sessions, retiring in an order to be determined by drawing lots immediately after the first election, and the Institute shall proceed to replace them. They are not immediately reëligible. Members newly elected at any session other than the first shall hold office for two sessions and shall not be immediately reëligible. In case a member should retire, for any reason whatever, before the expiration of his term, the vacancy shall be filled the first session following, for the remainder of his term.

ART. 4. The Committee is convened by its president upon the request of the Director of the Division of International Law of the Carnegie Endowment.

Its resolutions are adopted by an absolute majority of the members present. A quorum of six members is necessary to make its deliberations valid.

The Committee can ask the Director to attend a session in order to give explanations relative to the questions on the program; on his part, the Director can ask permission to attend the sessions of the Committee.

ART. 5. The Committee can be consulted upon all questions of interest to international law, which are of a kind to promote its theoretical and practical development, as well as its exact observance. In matters of this nature it can offer such suggestions to the Executive Committee of the Carnegie Endowment as it may deem advisable.

ART. 6. According to the nature of the case, the Committee gives its opinion directly to the Carnegie Endowment or decides whether there is occasion to consult the Institute, either in plenary session, or in administrative session.

ART. 7. The president of the Committee communicates to the Carnegie Endowment, through the Director of the Division of International Law, the resolutions adopted by it. The secretary general takes them up in his report to the Institute at every session.

If, at the request of the Committee, the question is laid before the Institute, the secretary general communicates the resolution adopted to the Endowment.

ART. 8. The expenses caused by the meetings of the Committee, including traveling and hotel expenses of its members, shall be borne by the Institute.

In the afternoon meeting of August 9, the Institute proceeded to the election of the nine members who, in addition to the secretary general and the president

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of the Institute, should form the Consultative Committee for the Endowment. A ballot resulted in the election of Messrs. von Bar, Fusinato, Gram, Hagerup, Holland, Lammasch, Lardy, Renault and Vesnitch. A drawing of lots then took place for the purpose of determining the order in which the members of the Committee will retire, in conformity with Article 3 of the regulations. The following was the result of the drawing of lots:

First group retiring: Messrs. Fusinato, Holland and Vesnitch.
Second group retiring: Messrs. von Bar, Gram and Lardy.

Third group retiring: Messrs. Hagerup, Lammasch and Renault.

It will be observed that all the members elected to the Consultative Committee were members thereof the preceding year. (Year Book for 1912, p. 106.)

The rest of the time of the Consultative Committee, in its sessions above referred to, as well as in its meeting of August 28, 1913, held at The Hague, was devoted to consideration of questions upon which its views and advice were requested by the Director of the Division of International Law. The first of these questions thus brought to its attention concerned the encouragement to be given to reviews devoted to private international law. The Committee, with one exception, expressed itself as favoring encouragement for such reviews, on the general ground that the essential object of the Endowment is the improvement of international relations, and this improvement should apply not only to the rela¬ tions between states but to the relations between individuals as well. The Committee took a similar stand with respect to the second question, which concerned the usefulness of the study of comparative legislation and the desirability of encouragement thereto, on the part of the Endowment, similar to that recommended for private international law. The opinion was expressed that subventions should be granted only to the best reviews of international law and comparative legislation.

The subject of the Academy of International Law at The Hague was also discussed, especially in respect of the two questions of the student body of the Academy and of the participation of governments in the working of the institution. The Committee concurred unanimously in favoring the establishment of the Academy.

The Director also brought to the attention of the Committee the question as to whether the Endowment should favor or should not favor the establishment of national societies of international law, by relieving them from the burden of some of their expenses. A fear was expressed that the creation of national societies of international law might prove dangerous if the societies were inclined to view international questions from the national point of view. The Committee agreed in declaring itself in favor of the organization of national societies, whose object it is to seek to develop international law.

The Academy of International Law at The Hague

The installation of an Academy of International Law in the Hague Peace Palace has been a favorite project not merely of partisans of international peace, but of enlightened publicists, irrespective of nationality, and the Director is happy to inform the Trustees that arrangements were made on January 12, 1914, for its establishment; that it was incorporated at The Hague on the 27th of the same month; and that arrangements have been made with the authorities of the Peace Palace and with the Dutch Government for its formal opening in the month of September of the present year. The Director has been an outspoken partisan of the Academy since its creation was proposed at the Second Hague Peace Conference in 1907, which he had the honor of attending, by Mr. Demetrius Sturdsa, at that time Prime Minister of Roumania, and each report of the Division of International Law has discussed the project and the progress made toward its realization. It will therefore not be necessary in this connection to dwell upon the origin and nature of the proposal or to recount its progress in detail. (See Reports of the Director, Year Books for 1911 and 1912, pp. 109-115 and 111-120, respectively.)

It may be said, however, that an appropriation for the Academy was made by the Board of Trustees at its annual meeting on December 14, 1911, but that the Executive Committee, while approving in principle, was unwilling to commit itself to the project and to allot the subvention, unless it could be assured that there was an international demand for such an Academy, and that a proper student body would attend. As the result of negotiations extending over a period of two years, during which time the establishment of the Academy was recommended by the Consultative Committee of the Institute of International Law, by the Institute itself and by the International Law Association, the late Mr. Asser of the Netherlands, received and sent to the Director of the Division, communications from some forty of the best known publicists of the world from different countries heartily approving the Academy, and the Dutch Minister for Foreign Affairs, who had communicated with foreign governments through diplomatic channels in order to see what support they would extend to the Academy, reported that some twenty governments had replied favorably, and only one unfavorably. In view of this showing, the Executive Committee at its meeting on October 20, 1913, authorized the Director of the Division to proceed upon consultation with the Consultative Committee of the Institute of International Law with the organization of the Academy, and placed funds at his disposal in order to carry out the project.

Pursuant to this action of the Executive Committee, the Director attended a meeting of the Consultative Committee of the Institute of International Law and of the Dutch Committee having the matter in charge, held at The Hague January 10-12. 1914. As a result of this meeting and after very careful and elabo

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