Page:The Green Bag (1889–1914), Volume 21.pdf/377

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352

The Green Bag

has "a vital interest," under its applications of the Monroe doctrine, in South American states. If so, it is the problem of inter national law to define a legitimate "vital interest" as distinguished from one wholly improper, instead of leaving to each nation full liberty to sit in judgment on the propriety of its own acts and acquit itself of guilt when ever, in the protection of "vital interest," it may overstep the bounds of international justice. We have seen that Professor Westlake is not an uncompromising advocate of inter national arbitration, being properly classed with those who desire conditional arbitration, notwithstanding the fact that he would gradually broaden the sphere of conditional arbitration. Professor Bordwell of the Uni versity of Missouri is likewise a writer of mili tarist tendencies—tendencies somewhat more pronounced, as appears from his approval of Sherman's march of devastation and of the confiscation of cargoes. Professor Bordwell's work is addressed to much the same sort of audience as Professor Westlake's; attempting a treatment of general topics rather than a comprehensive scientific treatise. Professor Bordwell confines his at tention to the laws of war between the bel ligerents and treats war on land with greater fullness than war on the sea, as the Prize Law Conference was impending when his book was written. He thus chooses a much more re stricted field than that of Professor Westlake's second volume, but hopes in future to supplement his work by second and third volumes dealing with neutrality and arbitra tion. If this aim is fulfilled, the result will be an introductory treatise marked by lucidity both of thought and of statement. The author acknowledges his indebtedness to Pro fessor Westlake, particularly with respect to the latter's clear analysis of modern law and his comments on the Second Peace Conference. He sets forth and criticizes the results of this Conference and of the Geneva Convention. By dividing his subject into two parts, the first a history of the practice and law of war, the second a commentary on war prac tice annotated with reference to the Hague conventions, the author has chosen a dramatic form in which to cast his subject-matter, and the non-technical character of a large portion of the text will help to make it read with enjoyment by many readers possessing no technical knowledge.

The standard text by Judge-Advocate Gen eral Davis covering the entire subject, and including the results of the Second Peace Conference, is exceedingly useful. Its third edition, thoroughly revised to date, includes the results of the Second Peace Conference, and the book contains in an appendix the more important recent documents. General Davis, like Professor Bordwell, approaches his subject from the practical rather than the scientific point of view, but his method is one of accurate analysis and skillful presentation, and his treatise in its latest form covers with vast thoroughness the leading principles, while compendious citations and bibliopraphical notes add to its utility as a work of reference. The diversity of treatment to be found in these works is well illustrated in their way of dealing with such a topic as Blockade. One desiring to understand the topic thoroughly would do best to turn to the chapter in Pro fessor Westlake's second volume, to which the indebtedness of Professor Bordwell and General Davis is apparent, but the reliable summary of the law of blockade given by General Davis is perhaps more serviceable for purposes of reference. But these chapters will have to be rewritten on account of the great progress made in the needed codifica tion of international law by means of the Declaration of London, in which ten of the leading powers joined last February. This document goes a long way toward surround ing the world's commerce with additional safeguards and immunities, and toward re stricting the baleful consequences of war to the actual combatants in accordance with justice. While it has been denounced by jingoes (see for example article in Nineteenth Century, May, 1909, p. 744) as interfering too much with the rights of belligerents, it will doubtless be greeted by the better judgment of mankind as a step toward higher civiliza tion. The law of blockade has now been simplified by the agreement reached with regard to the doctrine of notice. According to the Continental view, an actual notice to each incoming ship was essential to the con demnation of the particular ship committing breach of the blockade. The French rule, which has also been accepted by Italy, has been, as Pillet states it: "La pratique maritime commune exige, pour la validity de la saisie, qu'elle ait 6ti pricidfe d'une notification speciale au navire qui en est I'objet." It was this rule