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Conference, was accepted in principle, the draft convention of 35 articles concerning the organization, jurisdiction and procedure of the proposed court was adopted, and the establishment of the court was recommended through diplomatic channels. As the method of composition of both courts was to be substantially the same, i. e., to consist of approximately fifteen judges selected in such a way as to represent the various systems. of law as well as the languages in use, and as it is easier to enlarge the jurisdiction of an existing institution than to create a wholly new one, the Department of State after mature reflection has come to the conclusion that it would be feasible to invest the International Prize Court with the jurisdiction and functions of a Court of Arbitral Justice for any and all nations consenting thereto, which could be done without the change of a letter in the draft convention for the Court of Arbitral Justice by the simple expedient of inserting in the instrument of ratification of the International Prize Court a clause permitting the Prize Court and the judges to accept jurisdiction and decide any case of arbitration presented to it by a signatory of the International Prize. Court.

Should this proposal, which has already been communicated to the interested nations,' meet with their approval, the result would be not merely the establishment of the International Prize Court but the constitution of the Court of Arbitral Justice; and one and the same international tribunal sitting alike in war and in peace, would be competent. to decide not merely controversies arising out of war, but controversies which if unsettled might in themselves be the cause of war.

The method proposed is well known in theory and practice, because in our system of jurisprudence one and the same judge administers law and equity, admiralty and prize.

The Department of State is not without precedent in making the proposal, because article 10 was excluded from the convention for the adaptation to maritime warfare of the principles of the Geneva Convention, adopted by the First Peace Conference, upon request of The Netherland government through diplomatic channels for the reason that the article in question was not in conformity with the legislation of certain Powers and was likely to meet with opposition in the parliaments called upon to approve the convention.

1 For identic circular note of the Secretary of State submitting the proposal to the Powers, see Supplement, p. 102.

It is therefore hoped that a proposition so reasonable in itself and based upon precedent will meet with a friendly response, and that not only the International Prize Court but the Court of Arbitral Justice may be established for the consenting Powers at one and the same time. It is impossible to overestimate the benefits that would accrue from the establishment of this international tribunal, because, permanently in session, it would not need to be constituted; it would always be open to receive and decide cases submitted to it, and the expenses of the court would be borne by the community of nations, thus obviating the delays. in the constitution of the temporary tribunal and the large expense incidental to its operation.

PROPOSED EXCHANGE PROFESSORSHIPS WITH LATIN-AMERICA

The Department of State has had under consideration means whereby the friendly relations subsisting between Latin-America and the United States may not only be maintained but increased by calling into operation and organizing the intelligence and intellectual resources of the various countries of the western hemisphere.

The last few years have brought Pan-America into intimate contact and it is to be expected that trade relations will follow in the wake of good understanding, but the Department of State is anxious not merely to foster the interchange of material products, but by an interchange of ideals to create public opinion and sentiment based upon the ideals and the sentiments common to Pan-America, for, geographically, America is a unit; commercially, each of its members is being brought into more frequent contact; and, intellectually, each should contribute to the knowledge of each and to the advancement of all.

The Department of State has, therefore, matured a project and presented it to the Bureau of American Republics in order that the governing board may consider it, and, if it meets with approval, work out the details necessary to carry it into effect. In brief, the project seeks to accentuate the great benefits which would accrue to Pan-America by the establishment of exchange professorships by virtue of which competent professors in our various universities would familiarize Latin-America with American scholarship, expound the aims and purposes of our insti tutions, the means by which they have been created and maintained and their influence extended, and, in addition, carry to them a message of

sympathy and encouragement with the efforts they are making toward a common goal. On the other hand, the presence of Latin-American professors at our universities would enable us to understand as never before, not merely the difficulties of Latin-America but the progress made in spite of those difficulties, and the visiting professors would inform themselves upon our methods of instruction, our political aims, purposes and ideals, and, on returning to their various homes, would form a center of American influence.

The system of exchange professorships exists between Harvard and Columbia, on the one hand, Berlin and Paris, on the other, and the results already produced by this intellectual exchange amply justify the experiment; but it is evident that the results flowing from the establishment of exchange professorships with Latin-America would be much greater, that the exchange professor would be an important factor in interpreting the aims and policies as well as the scholarship of his country to the country of his mission, and that the international relations of Pan-America would be greatly improved.

Therefore, the Department of State has proposed a system of exchange professorships between the educational institutions of the United States and Latin-America and, without specifying the details of the system, it is obvious that under the general plan to be worked out by the Bureau of American Republics, any university of the United States might exchange professors with any Latin-American university by granting a leave of absence without an increase of salary, although the expenses of travel and transportation should be met either by the interested universities or by a special fund created by the generosity of some donor interested in the movement or by a general contribution from the states composing the Bureau of American Republics.

It is a truism that misunderstandings arise from a lack of acquaintance of the contending parties, and the presence of exchange professors would, undoubtedly, by disseminating knowledge, by bringing the various peoples into close social and intellectual contact, disarm suspicion and create sympathetic and permanent bond.

The Department of State, therefore, feels that the establishment of the system of exchange professorships would not only maintain friendly relations but increase them in force and intensity, and upon the basis of common understanding derived from personal knowledge draw all portions of the American hemisphere into closer contact.

THE CLASSICS OF INTERNATIONAL LAW

An editorial comment in the July number of the JOURNAL upon the proposed republication of the Classics of International Law outlined in general the project undertaken by the Carnegie Institution. A note from the honored pen of Professor Nys,' while approving the project. as a whole, called attention to certain infelicities of detail which he hoped to see eliminated from the project. Professor Nys' objections were twofold: first, to the photographic reproduction of the texts; and, secondly, to the English translations proposed to accompany them. In view of the friendly source from which these criticisms emanate and of the real importance of the undertaking, a word of explanation seems advisable.

The photographic method of reproduction was adopted by the Carnegie Institution in order that the exact text of the masterpiece might be reproduced without the possibility of introducing modern misprints or mechanical errors of any kind, so that the student might have before him the source without modification or emendation; for it is to the source as such that the student must resort. Professor Nys calls attention to the misprints, mistakes and abbreviations of the early editions and considers it a mistake to perpetuate them by photographic reproductions. Admitting the force of this view, it is met by the statement that each text will be accompanied by an apparatus criticus in which the mistakes of the text will be signalized and corrected, the abbreviations explained. with comment by the editor upon difficulties and obscurities of the text.

It is to be noted that the objections of Professor Nys apply more particularly to the precursors of Grotius and that the texts of Grotius and his successors are comparatively free from abbreviations requiring explanation. It seemed therefore to the Carnegie Institution possible to meet the objection formulated by Professor Nys by adopting a slightly different method of treatment for the predecessors of Grotius without essential modification of the plan and without losing the advantages of photographic reproduction. The earlier texts will therefore be photographed from the original and will be accompanied by a carefully prepared, revised and critical text by the competent individual editors to whom the various texts are entrusted, and the translations will be made under the supervision of the respective editors from the text thus revised. The result will be the exact reproduction of the original source, a modern

1 Revue de droit International et de Législation comparée, second series, Vol. 11, pages 484-485.

text free from the mistakes, inaccuracies, ambiguities and abbreviations of the original text, and a translation for the English reader.

If the student is satisfied by the reproduction of the source and the corrected text, there can be no objection to supplying a translation for the needs of English readers, especially as the translation will appear in all cases as a separate volume.

Professor Nys calls attention to the difficulties of translation and asks who will make them, to which it is replied that the respective editors will be responsible for the translations made under their supervision by competent Latinists; for example, Professor Holland of the University of Oxford is engaged in the preparation of Zouche's Judicii Fecialis (1650), for which he will furnish an introduction, an apparatus criticus, and be responsible for the translation now in course of preparation by an expert Latinist of his own selection. In the same way Professor Westlake has undertaken the preparation of Ayala's De Jure et Officiis bellicis et disciplina Militari (1582) and the translation is likewise to be made by a Latinist of his choice and under his personal supervision. It may be stated further that Professor Holland has undertaken the preparation of the three masterpieces of Gentilis: De Legationibus (1585), De jure belli libre tres (1598) and the Advocatio Hispanica (1613). In addition he will edit Legnano's treatise De bello, de represaliis, et de duello (written in 1360, but first published in 1477). Each one of these works will be reproduced photographically and wherever necessary will be accompanied by a modern critical text from which the translation will be made by a competent Latinist selected by Professor Holland and under his supervision.

It would appear, therefore, that the objections by Professor Nys are more than met by the Carnegie Institution, which offers the learned student the source, the modern Latinist a revised text, and the average reader an accurate translation, so that the purpose of the Carnegie Institution to popularize international law by making known its sources is likely to be realized. The selection of competent editors of various nationalities, such as Messrs. Renault, Fauchille, de Lapradelle and Politis from France, Holland, Westlake, Lawrence and Oppenheim from England, Asser from Holland, Jellinek and Zorn from Germany, Lam masch from Austria, Matzen from Denmark, Meili and Huber from Switzerland, Nys from Belgium and Fiore from Italy, is at once a guarantee of accurate scholarship and incontrovertible evidence that the series will be international in fact as in theory.

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