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We believe that this view magnifies the importance of questions of terri torial sovereignty and colonial expan sion as a bone of contention among the THE view expressed in Professor nations in future. One high authority Hayes' suggestive paper, elsewhere says: "The more the status of the terri printed in this issue, is that the growth tory of the states tends to become and decay of nations involve changes in permanent, and especially as the earth their political power and territorial pos becomes more completely partitioned sessions, whence it follows that a satis among the nations, the fewer will be the factory system of international law must colonial questions which make up at the be flexible rather than rigid, and must present time such a large number of not rest on the assumed justice of the the questions affecting vital interests." 1 existing status. Professor Hayes be There is no noticeable sentiment among lieves that judicial arbitration, unaided the American people at the present time by the corrective of legislation, leads to a in favor of the acquisition of new terri rigidity of law which undermines the tory in the Western hemisphere. The security of this method of adjusting dis tendency of republican institutions in all putes, that it results in overemphasis parts of the world is adverse to terri on the principle of the sanctity of na torial expansion from which the private tional sovereignty, and that it sets up citizen will receive no benefit. Eco an international oligarchy precariously nomic expansion has taken the place of maintained by the favored powers, not military conquest, and economic expan withstanding the fiction of equality of sion is a world rather than a national nations. A stagnant, undemocratic con development, and instead of leading dition of international law will not serve necessarily to political expansion tends to to prevent violation of the rights of the removal of political impediments to weaker nations by the seizure of great international intercourse. The principle portions of their territory, nor will such of the "open door" and maintenance of a system of law prove adequate to up equal commercial opportunity in such hold the justice of expansion of territory countries as China is to be reckoned when it is in the interest of civilization. with. Thus there is pressing need for some Yet even if we grant that questions of form of legislative and executive organ territory will continue to agitate the great powers, does it follow that a flexi of the democracy of nations, if inter national arbitration is to keep pace with ble system of international arbitration evolution and satisfy the needs of the 'Dr. Hans Wehberg, 7 American Journal of human race. International Law, p. 312. TION OF AN INTERNA TIONAL COURT
