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Die Gleichheit der Staaten. By Max Huber. Stuttgart: Verlag von Ferdinand Enke. pp. 88-118.

This pamphlet is a reprint of an article by Professor Huber, of the University of Zürich, which appeared in Jurist's le Festgate des „Auslandes zu Josef Kohlers, 69. Geburtstag, issued by Dr. F. Berolzheimer. The article is divided into three parts, in the frst of which Professor Huber discusses the events in the First and Second Hague Conferences by which the doctrine of the equality of states was brought into question. The various proposals leading to the erection of an International Prize Court and to the declaration in favor of a Court of Arbitral Justice are discussed, as well as the method of organizing the conferences themselves. The treatment in Part I is descriptive rather than critical, and is intended only as an introduction to Parts II and III.

Part II answers in the affirmative the question, Is the equality of states a fundamental doctrine of international law? Professor Huber excludes from consideration all cases of so-called "half-sovereignty:" treaties in which concrete matters affecting only the signatory powers are involved; cases in which, by treaty, powers are delegated to individual members of an administrative union; and ancient distinctions of rank

The concert of the great powers is discussed at length. with the conclusion that it not only lacks legal unity, but is not a politically homogeneous group. "The concert of the great powers," he says. "is much less an institution which stands in opposition to the minor powers, than it is an institution for adjusting the divergent interests of the great powers."

It is denied that the lesser powers have ever recognized the legal superiority of the great powers. Apparent violations of the principle of equality are explained on the ground that an independent state except in case of war acts voluntarily when it accedes to the wishes of another state. This is an academic conclusion that is far from convincing.

Among writers on international law mentioned by Professor Huber, he finds almost unanimous support for the principle of equality, and therefore asserts that "practise and doctrine agree that a legal differentiation of states and a legal hegemony of great powers do not exist."

In Part III, the author gives his conception of the meaning of equality, and its place in a system of international law. "Equality does not mean equality in actual possessions, or equality of influence * * but merely legal equality, equality in respect to international rights and duties." A system of "relative" equality is declared to be impracticable. "A classification of all states, or only of the minor powers, according to a general standard, that is, according to a system of relative equality, would be opposed not only on account of the consequent violation of absolute equality, but still more on account of the arbitrary character of every attempt to discriminate between states."

Absolute legal equality should be maintained as a fundamental principle, and the endeavor should be to find that method of organization which corresponds to the essence of modern international law. The theory of political organization, as represented by the federation and confederation, is then examined, and a confederation of states, with due respect to the doctrine of equality, is declared to be possible and practical. But, "nothing can endanger the development of international law more than the attempt to establish rules and to introduce institutions which are not agreeable to great and small states alike. *** The appeal of the lesser powers to that equality which is inherent in the principle. of confederation, and which is the palladium of their independence, should not be condemned; because, on the basis of confederation and equality, a great development of international law is still possible. For the advancement of international law, a powerful organization is not necessary, but a political situation, in which the states, great and small, may meet with confidence."

Professor Huber has made a valuable contribution to the literature of this subject; but he does not prove that legal equality can, in practice, take the place of actual inequality, or that effective international organization is possible without violating the doctrine as understood by the minor powers.

FREDERICK C. HICKS.

England and the French Revolution, 1789-1797.
Laprade (Johns Hopkins University Studies).
Hopkins University Press. 1909. pp. 232.

By William Thomas
Baltimore: Johns

The author says that the original purpose of this study was to show to what extent the popular agitations in England during this period owed their origin to the revolution taking place in France. But it having

become apparent that these agitations were due to conditions existing in England itself, the policies and methods of William Pitt became the primary themes of study. This being the purpose, the author naturally devotes the greater part of his attention to a minute study of English internal political conditions. Incidentally he discusses the diplomatie relations between England and France. It is this incidental portion. that will be of chief interest to the readers of this JOURNAL.

The author adheres to, emphasizes, and reveals much hitherto unused material in confirmation of, the generally accepted view of Pitt's absolute domination of English governmental policies during the period under consideration. He declares that during most of this period "Pitt had been ruling England according to the dictates of his own will" (p. 152). While acknowledging the power of the great minister, Mr. Laprade is far from being a hero-worshipper. He represents Pitt's methods and policies as those of the political boss.

He had not obtained his power by any usurpation of functions which did not properly belong to his office. He did not retain it by opposing his wishes to the desires of a majority of the governing body. His method was to manipulate the men on the political chess-board in a manner that would give him the appearance of acting in accordance with the popular wish while in reality he was carrying out his own plans. (Id.)

The principal thesis of the monograph is laid down in the conclusion (p. 184):

In its early stages the French Revolution was regarded favorably by the majority of Englishmen, but was considered a subject rather for speculation than as vital to the interests of England. Gradually this favorable view of the revolution gave way to one that was distinctly hostile, due as is commonly supposed to the influence and the writings of Edmund Burke. We believe, however, that this change of opinion may be attributed in slight measure, if at all, to the advocacy of the great orator but was effected by the deliberate efforts of the adherents of William Pitt in order to secure his political advantage.

The tone of the study is decidedly iconoclastic. This is especially true in his treatment of Edmund Burke. Speaking of the latter's forcing the breach between himself and Fox and thereby disrupting the Whig party, Mr. Laprade says, "There are two possible explanations of Burke's course on this question. One impeaches his moral the other his mental integrity" (p. 38). The first, the writer continues, is that the author of the Reflections had "deliberately decided to support the ministry, with the design of retrieving his political fortunes;" the second and more favorable and probably more nearly correct" is that he was de

luded with the belief that a considerable party in England desired to re-enact the scenes of the French Revolution in their own country, a belief which "Pitt, even when dealing with Burke, was not so hypocritical as to profess." While thus formally adhering to the more charitable explanation, Laprade's numerous arguments in support of the other indicate that he believes it to be at least partially the true one.

The character of Fox seems to receive more kindly consideration than any other. Many excuses are offered and numerous defenses attempted. But even here there is no hero-worship.

We would be slow to affirm that Fox was actuated by motives or employed methods that were on a higher plane than those of his eminent rival.

It may be that, if opportunity had fortune to secure his private interest. not do so.

(p. 53.)

offered, he would have hazarded public But to his credit be it said that he did

The following indicates the writer's opinion as to the influence of Dundas and Grenville:

Pitt now [1791] had a secretary of state for home affairs of whom he later said, "Every act of his is as much mine as his." If he had not been writing to Grenville he might with equal propriety at that time have affirmed the same thing of the new head of the foreign department. (p. 30.)

This is an interesting contrast to what E. D. Adams says in his Influence of Grenville on Pitt's Foreign Policy, 1787-1798, p. 3:

At least two of the members of the Cabinet, Dundas and Grenville, asserted their authority in their own departments, and were in consequence rather the fellow ministers of Pitt than his executive agents.

The most interesting feature of the monograph is the character of the sources used. No mention is made of secondary sources. The bibliography includes manuscripts; newspapers and periodicals; biography, correspondence, etc.; and pamphlets, tracts, etc. The last group occupies thirty-one of the thirty-six pages of bibliography.

The book is interestingly and, with a few unimportant exceptions, accurately written. Dealing with mooted questions, as it does, some exceptions are sure to be taken to its conclusions. From the facts selected the inferences seem to follow legitimately. But one cannot help feeling that in some cases other facts might have been chosen from the same sources in support of contrary opinions. The author appears to have made a sincere effort to be honest and impartial.

W. R. MANNING.

The Prerogative Right of Revoking Treaty Privileges to Alien Subjects. By Thomas Hodgins, LL. D., Judge of the Exchequer Court in Admiralty, Canada. Toronto: The Carswell Co. 1909. pp. 27.

This is a reprint of an article originally published in The Nineteenth Century and After. It is a brief for the British side of the Newfoundland fishery controversy between Great Britain and the United States. which will shortly be decided by the Hague Tribunal.

With all due deference to a Canadian Judge in Admiralty, the argument can hardly be considered successful. It is largely based upon a tu quoque, but the fact that the United States is a great sinner (and we contritely confess as much) does not absolve Great Britain or any other state from fulfilling her international obligations.

The theoretical support of the author's position is extremely weak. The main authorities cited are Vattel and Hautefeuille, although the author has also drawn upon Phillimore, Wheaton, Heffter, Halleck, Bluntschli, and Hall (the latter being the most recent publicist quoted). These were certainly excellent authorities in their day, but it is about time that our Anglo-American lawyers and judges awake to a realization. of the fact that the views of some of these writers are largely obsolete and no longer adequate, and that there are more recent publicists whose erudition is at least equally great and whose views are better adapted to the needs of our time.

In thus passing what may to some appear to be a severe judgment upon the juristic product of a neighbor with whom we should live upon terms of friendship and reciprocity, the reviewer is unconscious of the slightest degree of national bias. AMOS S. HERSHEY.

La Seconde Conference de la Paix Réunie à La Haye en 1907. By Antonio S. De Bustamente y Sirven. Translated from the Spanish by Georges Scelle. Paris: J.-B. Sirey. 1909. pp. 765.

The JOURNAL is happy to announce that Señor Bustamente y Sirven's book on the Second Hague Conference, which originally appeared in Spanish, has been translated into French by M. Georges Scelle. The Spanish text was, upon its appearance, reviewed in the JOURNAL, Vol. II, page 973. It is, therefore, unnecessary to comment further upon the work, except to express satisfaction that it has been translated into French. Every account of the Hague Conferences performs a genuine. service, inasmuch as it informs the public of the great and permanent results accomplished by the two conferences and tends to create public. opinion for their continuance.

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