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court should not be represented by judges upon the bench, as the presence of national judges is not only embarrassing in itself, but tends to question the impartiality of the decision. He is inclined to think that the framers of the so-called Permanent Court of Arbitration devised by the First Hague Conference did not intend to create a judicial tribunal, that their purpose was to provide machinery for the adjustment of a dispute rather than for its decision according to principles of law, and he cites on this point the views not only of delegates of the First but also of the Second Conference in support of his contention. The question is one of no little difficulty, but whether the partisans of the so-called Permanent Court of Arbitration meant it to be a judicial tribunal, Dr. Wehberg is very clear in his mind that it is not and that an international court of justice in the technical sense of the word should be created. It is refreshing to find that Dr. Wehberg has not allowed himself to be led by false analogies and that he rejects as unsuited to the international tribunal the execution of their judgments by means of force. Dr. Wehberg approves the project of the Court of Arbitral Justice drafted by the Second Hague Conference, and his ninth chapter is a brief and serviceable comment upon it. The writer of this review has devoted much thought and attention to the question of a permanent court of justice, and he commends this volume to the interested public as the best statement of the problems connected with the necessity and organization of an international court which it has been his fortune to read; and, as an evidence of his sincere appreciation of the book and the services which he can render for the cause for which it was written, he begs to state in conclusion that he has made arrangements, as Director of the Division of International Law of the Carnegie Endowment for International Peace, to have the work translated into English by a competent person and to have it published under the auspices of the Endowment.

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The author sets forth his purpose in the following sentence:

My desire has been to produce a brief study of the doctrine and the discussions which it has occasioned; to search for its true significance and its exact compass; to record the circumstances which gave rise to it and the vicissitudes of its fitful existence; and to study its economic, juridical, and political foundations, and the criticisms and comments of which it has been the object.

He says the subject is generally supposed to be easy and of slight interest and not sufficiently important for a doctoral thesis in jurisprudence; but declares that he had been guided in his choice of it solely by his belief in its great interest. As evidence of its importance he recites the names of several prominent internationalists who have published studies of it; and concerning its ease he declares that after working over these studies and the works of reference he had found necessary he is able to affirm from his own experience that even an inadequate study of the doctrine requires a vast combination of knowledge and a sound and just legal judgment. Apparently foreseeing that this apologetic and self-laudatory introduction would provoke criticism, he says it is not intended as a ready-made eulogy but merely as an explanation.

In his first chapter on "Antecedents" the author studies the affairs of Venezuela, internal and foreign, which furnished the occasion for Drago, Minister for Foreign Affairs of Argentina, to address the note of December 29, 1902, to the Argentine minister in Washington, which note contained the declaration that has since become famous as the Drago Doctrine. The political dissensions of Venezuela, especially the revolution of 1899 which elevated Castro to power and the struggles he was compelled to engage in to retain the power, gave rise to a series of diplomatic reclamations for losses arising from various causes. The idea of employing national armed forces to aid in the collection of these claims had its rise in Germany, where there was a certain money-lending firm which had financed the building of a state railway in Venezuela. The Venezuelan Government had not met its obligations to the company, and even the interest had not been paid with regularity. The forcible collection of these obligations was the real purpose of Germany; but as the ostensible reason for her position that government invoked certain damages caused to the persons and goods of her subjects resident in Venezuela. The purpose of England was not originally to protect her foreign bondholders, although later she took advantage of circumstances to do that also; but at first her claims were based on certain outrages asserted to have been inflicted on British ships and subjects, thus offending the dignity and honor of the nation. The fact that there was strong reason to believe that many of these British ships and subjects had been aiding the revolution or engaged in contraband trade did not deter England from joining Germany in coercing the Venezuelan Government. Italy demanded, as reason for joining the other two Powers in coercing Venezuela, reparation for losses occasioned to her subjects by

the civil wars in that country during the preceding four years. In concluding his twenty-eight page study of these antecedent conditions, the author reviews briefly the presentation on December 7, 1902, of the joint ultimatum, the seizure two days later by the combined fleets of the two Venezuelan ships, and the subsequent establishment of the pacific blockade.

The second chapter is entitled "The Drago Doctrine." To give a full and clear conception of the doctrine, he studies together the statements of Drago not only in his famous note, but also in an article subsequently published and in an address delivered in the Second Hague Conference. Variations of the declaration against the employment of armed intervention to collect public debts, which was the most essential point of Drago's note, soon began to appear. The first was an allusion in Secretary Root's instructions to the United States delegates to the Pan American Conference at Rio Janeiro. He spoke of the principle that contracts between a nation and an individual are not recoverable by force as being embodied in the Drago note. A committee report at the Rio Conference recommended the extension of the principle so as to include not only public debts but all obligations of an exclusively pecuniary character, and the conference embodied the idea in its invitation to the coming Hague Conference to discuss the matter. At the Hague Conference Dr. Drago endeavored to limit the principle to the matter of public debts as he had originally enunciated it. The latter half of the second chapter is devoted to a discussion of the confusion that has arisen concerning the true authorship of the doctrine. He explains how it came to be known in some places and for some time as the Calvo doctrine. He refutes the idea that it had really originated with Alexander Hamilton a century earlier; and denies the statement that Palmerston should be accredited with its authorship.

Nearly all of the third chapter, covering more than fifty pages, is occupied by a review of the debates in the Second Hague Conference on the subject of the employment of armed force to assist in the collection. of obligations owing by a state to citizens of another state. The United States delegation, led by General Porter, argued for a limitation of the employment of armed force in the collection of such debts. Drago stuck to his original proposition prohibiting the employment of such force. Finally a modification of the proposition of the United States was agreed upon, with reservations on the part of certain states, declaring against the resort to armed force unless the debtor nation should refuse or fail

to reply to an offer to arbitrate, or resist the findings of the arbitral court. Thus the original idea of "no employment of force" was exchanged for "a limitation upon the employment of force." The various similarities and differences between the Drago Doctrine and the Hague Convention are pointed out in detail.

The fourth chapter studies the economic foundation for the Drago Doctrine and shows the abuses and practical inconveniences that would arise from the acceptance of the principle of the forcible collection of public debts. The fifth and sixth chapters study the legal foundations setting forth the legal nature of a public debt; the relations between the debtor nation and its creditors; and the relations between the debtor nation and the nation whose nationals are its creditors. The seventh and last chapter is occupied with an exposition of the political foundations for the doctrine. It studies the character, the origin, the evolution, and the applications of the Monroe Doctrine, and shows the relation of the Drago Doctrine to it, asserting that the latter is a necessity for the former. Although the Hague Convention is not so strong in its declaration against the employment of armed force in the collection of public debts as Dr. Drago's original statement, yet it embodies the essential principle and practically accomplishes the purpose of the illustrious Argentinian publicist, to whom the chief credit is properly given for the establishment of the principle.

The appendix quotes in full the Drago note of December 29, 1902. As is too frequently the case in Spanish books, there is no index. The bibliography gives the titles of some seventy books and articles which the writer says is far from being a complete list of works discussing the doctrine. The author's style is very interesting, though, as is likely to be the case in a work based so largely on magazine articles and public addresses, it is somewhat discursive. Its value as an authority is lessened by its very evident tone of hero worship throughout. In every place where any question arises concerning the relative merits of Drago and any other man, the author assumes the rôle not of a judge but of an advocate. WILLIAM R. MANNING.

+ The First Hague Conference. By Andrew D. White. Reprinted from Dr. White's autobiography. Boston: The World Peace Foundation, 1912. pp. vi, 123.

Mr. Meade was well advised to gather together the passages dealing with the First Hague Conference from Dr. White's interesting and valu

able autobiography and to publish them in separate form. It is not meant to suggest that they were hidden away in the autobiography and lost to the general reader, but many people would not have supposed that the autobiography of the man of affairs, dealing with many subjects of interest, contained the most important account of the First Conference from day to day which has hitherto been published, but such is the fact, and the public, thanks to Mr. Meade, has its attention called to Dr. White's account, which is so brief that it can be read at a sitting and so accurate that it needs little or no correction from other sources. Dr. White kept a diary during every day of the First Conference, at which he had the honor to represent the United States as chairman of the American delegation. He jotted down the occurrences of the Conference from day to day, with the result that the little volume now separately published enables the reader to appreciate the feelings of despondency with which the Conference met, the gradual growth of an interest in its proceedings, and the means by which what promised to be a failure became a great and unqualified success.

If it be noted that Dr. White enlightens his narrative with sketches of the leading personalities, often repeating conversations, and that the social events connected with the Conference are duly chronicled, and that he has gathered up and preserved the amusing incidents which came to his notice, the general reader who is not interested in the Conference itself, or its results, will find the little book as agreeable and fascinating as a novel.

To the specialist, however, these brief entries are of priceless value to which he will turn not merely for a record of actual happenings, but for the views of a distinguished, interested and effective participant in the First Peace Conference held at The Hague. It is to be hoped that these are but extracts from the diary and that Dr. White's full account will some day be given to the public. In the meantime the little book will both interest and instruct the public.

JAMES BROWN SCOTT.

1

Die Zweite Haager Friedenskonferenz. By Otfried Nippold. Part I.
Das Prozeserecht, pp. 231, lxxxxii. Part II. Das Kriegsrecht,
pp. 267, xvii. Leipzig: Duncker & Humblot. 1908 and 1911.
Professor Nippold, well known for his admirable work entitled Die
Fortbildung des Verfahrens in völkerrechtlichen Streitigkeiten, which ap-

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