Page:The Green Bag (1889–1914), Volume 21.pdf/378

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Reviews of Books that the delegates from France consented to give up in favor of the Anglo-American doc trine of notice, according to which such notice is inferred from the general notoriety of the blockade, if it has been notified by the gov ernment diplomatically. The London Con ference came to the agreement that notice through diplomatic channels is sufficient, implying that notice to the commander of the ship is unnecessary. If the reactionary atti tude of the minority, rather than the pro gressive temper that prevailed, had controlled the action of the Conference, a growing uniformity of the law of blockade in harmony with British traditions would have had to be sacrificed, together with that respect for the rights of neutral commerce which the Con ference, acting in many instances contrary to British precedent, sought successfully to encourage. The action of the London Conference, with reference to contraband, was not in line with Professor Westlake's views, who would abolish contraband altogether wherever possible by means of conventions to that effect between powers engaged in war. The entire exemp tion of the goods of a neutral from seizure, whether they be designed to aid the enemy in warfare or not, would seem to be in har mony with the customs of an advanced civi lization. There is no logic in allowing the capture of contraband and forbidding the capture of the persons engaged in carrying it; neutral goods have morally the same rights as neutral citizens. The Conference might well have abolished conditional contraband, in line with the American proposal offered by Admiral Sperry at the Second Peace Confer ence, if unwilling to aboEsh absolute contra band, but did not do this. The idea of a free list of articles immune from capture under all circumstances is somewhat pernicious, as the legitimate purpose of a contraband agreement is to restrict the contraband articles rather than to define the free articles. It will be admitted, however, that just as the next best thing to the abolition of absolute contraband would have been that of con ditional contraband, so the next best thing to complete abolition of the doctrine of continuous voyage, with reference to con traband, is the exception of conditional con traband from its application, which the Conference wisely decided upon, limiting its application to absolute contraband.

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Enough has been said, perhaps, about the action of the London Conference to suggest that the point of view of international juris prudence may gradually be shifting from the militarist to the juridical position, and that future writers on international law may be called upon to lay greater stress on uni formity and system and to devote less space in their pages to anomalous rules and irra tional and irregular doctrines which furnish a convenient pretext but no proper justification for acts of war. Professor Bordwell wisely rejects the German doctrine of necessity as an overruling factor in war, but that is by no means the only doctrine that must be given up, and we can perhaps look to these writers for progressive modification of some of their views is subsequent editions. BOOKS RECEIVED Receipt of the following new books, which will be reviewed later, is acknowledged:— Human Nature in Politics. By Graham Wallas. Houghton Mifflin Co., Boston and New York. Pp. xvi, 296 + index 6. ($1.50 net.) The Government of American Cities. By Horace E. Deming. G. P. Putnam's Sons, New York and London. Pp. 304 + index 19. ($1.50 net.) Popular Government. Four essays. By Sir Henry Sumner Maine, F.R.S. Popular ed. John Murray, London. Pp. 254 +,index 17. (2/6 net.) The Methods of Taxation compared with the Established Principles of Justice. By David MacGregor Means. Dodd, Mead & Co., New York Pp. 360 + appendices 20. ($2.50.) Report of the Thirty^First Annual Meeting of the American Bar Association. V. xxxiii, 1908. Ameri can Bar Association, 215 N. Charles St., Baltimore, Md. Pp. 1107+ index 13. Tiffany's Persons and Domestic Relations.'? 2d ed., revised by Roger W. Cooley. Hornbook series West Publishing Co., St. Paul, Minn. Pp. 551 + table of cases and index 105. ($3.75.) The Power of Eminent Domain. A treatise on the constitutional principles which affect the taking of property for public use. By Philip Nichols. Boston Book Co.. Boston. Pp. 422+ table of cases and index 57. ($5 net.) The Law and Practice in Bankruptcy, under the National Bankruptcy Act of 1898. By William Miller Collier. 7th ed., revised and enlarged by Frank B. Gilbert of the Albany bar. Matthew Bender & Co., Albany. Pp. lxvii, 854 + 455 (Gen eral Orders, Forms, Statutes, etc., and index). ($7.50.) The Law of Unfair Business Competition, includ ing chapters on trade secrets and confidential busi ness relations; unfair interference with contracts; libel and slander of articles of merchandise, trade names, and business credit and reputation. By Harry D. Nims of the New York bar. Baker, Voorhis & Co., New York. Pp. xlvi, 516, index and table of cases 65. ($6.50 net.)