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The Legality of the Occupation of the Ruhr Valley

Published online by Cambridge University Press:  04 May 2017

George A. Finch
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Type
Editorial Comment
Information
American Journal of International Law , Volume 17 , Issue 4 , October 1923 , pp. 724 - 733
Copyright
Copyright © American Society of International Law 1923

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References

1 N. Y. Times Current History, Feb., 1923 (Vol. 17), p. 718.

2 Supplement to this Journal, Vol. 13 (1919), p. 263-264. The English version of the pertinent part of paragraph 18 is not as clear as the French version, which reads: “Actes de prohibitions et de représailles économique et financières et, en général, telles autres mesures que les gouvernements respectifs pourrant estimer nécessitées par les circonstances.” It will be noted that, according to the French version, the noun “reprisals” is qualified by the adjectives “economic” and “financial.”

3 Current History, loc. cit., pp. 712, 717.

4 The text of the British note of Aug. 11, 1923, quoted and referred to in this editorial, is published in a White Book entitled Correspondence with the Allied Governments Respecting Reparation Payments by Germany, Misc. No. 5 (1923), Cmd. 1943, p. 54.

5 Current History, loc. cit., p. 720. A third contention that Germnny’s defaults in deliveries only justified demands for subsequent payments may be dismissed as specious. It is based upon a decision of the Reparation Commission of March 21, 1922, that, if the required deliveries in kind were not effected during 1922, “additional equivalent cash payments shall be exacted from Germany at the end of 1922 in replacement of the deliveries not effected.” Germany’s request for a moratorium at the end of 1922 obviously rendered the sentence inoperative.

6 The French and Belgian note of January 10 states that “The Italian Government has also decided that Italian engineers shall participate.”

7 Announcement in the Board of Trade Journal of Oct. 21, 1920, reprinted in the London Times, Oct. 26,1920, p. 10.

8 London Times, Oct. 29, 1920, p. 7. On Feb. 5, 1921, Belgium, and about the same time Italy, took a measure like the English one. ( Fauchille, , Traité de Droit International Public, Vol. II, p. 1049 Google Scholar.)

9 Diplomatic correspondence published by the French Ministry of Foreign Affairs.

10 See article by David Hunter Miller in the New York Evening Post of Aug. 21, 1923.

11 For a collection of authorities showing instances of the restricted and unrestrictedly comprehensive interpretation of the rule, see Stroud’s, Judicial Dictionary, Vol. II, pp. 1359 Google Scholar et seq.

12 André Tardieu, The Truth about the Treaty, 1921, pp. 335-6. The volume contains an introduction by M. Clemenceau, one of the “Big Four” who drafted the treaty, and a foreword by Colonel House, President Wilson’s right-hand man during the negotiation of the treaty. In the foreword Colonel House states that “No Frenchman, save Clemenceau, can write with so much authority concerning the peace treaty, signed at Versailles, June 28, 1919, as André Tardieu. M. Tardieu gets nothing second hand. He was a participant in the events of which he writes.”

13 Cited in Moore, , International Law Digest, Vol. 5, p. 249 Google Scholar.

14 Ross v. M’Intyre, 140 U. S. 453.

15 Secretary of State Hay to Mr. Beaupré, Nov. 16, 1900, cited in Moore, , International Law Digest, Vol. 5, p. 249 Google Scholar.

16 Italics the writer’s. Facsimile reproduction in Baker, , Woodrow Wilson and World Settlement, Vol. II, p. 118 Google Scholar.

17 British White Book, Misc. No. 5, 1923, pp. 27-28.

18 Brooklyn Life Insurance Co. v. Dutcher, 95 U. S. 269.

19 Protocol printed in Supplement to this Journal for Oct., 1922, Vol. 16, p. 205.

20 Ibid., p. 209.

21 Baker, , Woodrow Wilson and World Settlement, Vol. II, p. 519 Google Scholar.

22 Tucker v. Alexandroff, 183 U. S. 424.

23 Protocol printed in Supplement to this Journal for Oct., 1922, Vol. 16, p. 192.

24 Reply of French Government of Aug. 20, 1923, published by the French Ministry of Foreign Affairs, pp. 6-7.

25 Allied ultimatum to Germany, March 3, 1921, printed in Supplement to this Journal for Oct., 1922, Vol. 16, p. 209.

26 Reply of the French Government of Aug. 20, 1923, published by the French Ministry of Foreign Affairs, pp. 8-9.

27 Documents relatifs aux notes allemandes des S Mai et 5 Juin sur les réparations (2 Mai-3 Août 1923), French Ministry for Foreign Affairs, p. 21.

28 The Amistad, 15 Peters 518, 592.