Page:The Green Bag (1889–1914), Volume 25.pdf/333

This page needs to be proofread.


312

The Green Bag

International Arbitration. "Restrictive General Jurisprudence. "Positive Right." Clauses in International Arbitration Treaties." By George del Vecchio, Professor at the Uni By Dr. Hans Wehberg. 7 American Journal of versity of Bologna. 38 Law Magazine and Re International Law 301 (Apr.). view 293 (May). A valuable and important article. Reserved for later notice. present we still find eight different kinds Government. "Constitutional and Extra- of "At exceptions in arbitration treaties, namely Constitutional Restraints." By Robert P. those dealing with the constitution, national Reeder. 61 Univ. of Penn.Law. Rev. 441 (May). honor, vital interests, independence, integrity "The statements concerning inalienable rights of territory, autonomy, sovereignty, and rights [in certain decisions of the United States Supreme of third states. Even now, according to my Court] to which we have referred follow the judgment, the states might agree, in case they language of a broad assertion of general principle should not prefer a still more limited formula, which is made at the outset of the Declaration to confine themselves in their 'treaties to the of Independence. ... As to all such state stipulations of 'national honor and vital inter ments it is sufficient to say that the premises ests." The author shows by a tabular arrangement upon which they are based have been abandoned restrictive provisions of existing treaties. by thoughtful men for over a century, that the those statements are against the vast weight of He looks forward to a world treaty without though the first stage of the world direct authority, and that the court has not restriction, has not yet arrived. Though "a world attempted to support them by any discussion of treaty treaty would be preferable to the many special principle." treaties, still the development of the special "Compulsory Service in Office." By Gordon treaties is of great value to the judicial organi zation of the world." Stoner. 11 Michigan Law Review 478 (May). "Contractual Claims in International Law." "Is this principle of the common law, that the administration of an office is a duty which may By Edwin M. Borchard. 13 Columbia Law Re be required of every citizen and which the view 457 (June). citizen or subject cannot refuse and escape various defects of the system as it without the consent of the sovereign power, a still"These exists with its possibilities of injustice cither part of the common law which was not adopted to the debtor state or the unpaid creditor or in this country because it was not in accord both, lend much weight to the proposal advanced with American conditions and institutions? It with greatest emphasis in Germany, that an should not be so considered. . . . The prin international court be created by international ciple of compulsory service in office is not in any agreement for the adjustment these essentially measure discordant with our institutions and legal claims. The individualofshould be given the general principles of the republican form of the right to bring suit against the debtor nation government." before this international tribunal, as has been The principle is recognized and applied in a done in the convention for the establishment of majority of those jurisdictions which have con an international prize court and in the treaty of sidered the question, and the author professes Washington for the establishment of a Centralan earliest belief in the advantages of a uniform American Court of Arbitration." rule of this sort, which would tend to maintain "The Necessity for an International Code of higher standards in the government service. Arbitral Procedure." By William Cullen Dennis. See Canada, Constitutional Amendment, 7 American Journal of International Law 285 Executive Powers, International Law, and Judi (Apr.). ciary Organization. The writer believes the subject of elementary History. "Another View of the 'Hayes- rules ripe for codification. He discusses some Tilden Contest.' " By Ex-Senator George F. of those elementary matters, ignoring the more serious and more contentious matters of proce Edmunds. Century, v. 86, p. 193 (June). as to which the Hague conventions are Ex-Senator Edmunds is the only surviving dure member of the Electoral Commission, and his silent. "Settlement of International Disputes by and reply to Col. Watterson's article in the May Century (25 Green Bag 234) is worthy of perusal. between the English Speaking Nations." By Husband and Wife. "Estates by Entirety— Hon. William Renwick Riddell. 22 Yale Law Beihl v. Martin." By Harry Shapiro. 61 Univ. Journal 545 (May). A brief history of the disputes settled by arbi of Penn. Law Review 476 (May). tration up to the present time. "It is submitted that from these authorities See International Law. there is much to be said in favor of the view that since the passage of the married women's act, International Law. "International Law and the unity of husband and wife no longer exists, Political Science." By Alpheus Henry Snow. 7 and that, if tenancies by the entirety are not American Journal of International Law 315 abolished, at least the creation of such an estate has become dependent upon the intention of the (Apr.). parties." Students who seek to apply political science