Hostname: page-component-cd9895bd7-8ctnn Total loading time: 0 Render date: 2024-12-26T06:10:29.207Z Has data issue: false hasContentIssue false
  • English
  • Français

The Formative Years of the American Society of International Law

Published online by Cambridge University Press:  27 February 2017

Frederic L. Kirgis
Frederic L. Kirgis*
Affiliation:
Washington and Lee University School of Law
Get access Rights & Permissions [Opens in a new window]

Extract

The United States at the dawn of the twentieth century was just beginning to comprehend the influence it could have on the international scene. It had no desire to become involved in the European power politics that had produced, in the lifetimes of many Americans then living, the Crimean War, the Franco-Prussian War and the essentially European Boer War in South Africa. Nevertheless, a distinct strain of expansionism could be found in American foreign policy. The belief was stirring in those concerned to establish a nonviolent world order that the interaction of nation-states would benefit from exposure to American values, American economic dynamism and the lessons to be drawn from the American federal experience. This belief, combined with a deep aversion to what was seen as essentially a European proclivity for settling disputes by resort to war, motivated some of the more influential participants in the American peace movement. That movement, in turn, gave birth to the American Society of International Law.

Type
Research Article
Information
American Journal of International Law , Volume 90 , Issue 4 , October 1996 , pp. 559 - 589
Copyright
Copyright © American Society of International Law 1996

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

Footnotes

*

This article is an adaptation of chapter 1 of the author’s forthcoming history of the American Society of International Law. The assistance of the Society’s staff, particularly Charlotte Ku and Sandra Liebel, is gratefully acknowledged.

References

1 See David S. Patterson, An Interpretation of the American Peace Movement, 1898–1914, in Peace Movements in America 20, 23–24 (Charles Chatfield ed., 1973). For a slightly different taxonomy, see Ruhl J. Bartlett, The League to Enforce Peace 4 (1944).

2 See Henry Sumner Maine, International Law 1 (photo reprint 1979) (New York, H. Holt 1888).

3 See Irwin Abrams, The Emergence of the International Law Societies, 19 Rev. Pol. 361, 375 (1957).

4 See Irwin Abrams, The Nobel Peace Prize and the Laureates 52–53 (1988).

5 See Abrams, supra note 3, at 371–72, 376–79.

6 See C. Roland Marchand, The American Peace Movement and Social Reform, 1898–1918, at 5–6 (1972).

7 Convention for the Pacific Settlement of International Disputes, July 29, 1899, 32 Stat. 1779, 187 Consol. TS 410, as amended, Oct. 18, 1907, 36 Stat. 2199, 205 Consol. TS 233. See also 2 James Brown Scott, The Hague Peace Conferences of 1899 and 1907, at 80, 308 (1909) [hereinafter Scott, Hague Conferences].

8 2 Scott, Hague Conferences, supra note 7, at 472.

9 The prize court never came into existence.

10 See Calvin Dearmond Davis, The United States and the Second Hague Peace Conference 253, 260–61 (1975); Elihu Root, Instructions to the American Delegates to the Hague Conference of 1907, in 1907 Foreign Relations of the United States, pt. 2, at 1128, 1135; 1 Scott, Hague Conferences, supra note 7, at 426–28 (1909).

11 Joseph H. Choate, The Two Hague Conferences 33 (1913). Choate recognized the inadequacies of the Permanent Court of Arbitration in the form it took at the Hague Conferences. Id. at 77–80.

12 1 Scott, Hague Conferences, supra note 7, at 277. Like Choate, Scott was aware that the Permanent Court had its shortcomings, but he was optimistic about its development into a true permanent court of arbitration. Id. at 281, 311.

13 John W. Foster, Arbitration and the Hague Court 39 (1904).

14 The Treaty of Washington, May 8, 1871, 17 Stat. 863, 143 Consol. TS 145, established the tribunal and set out the rules of neutral conduct it was to apply. The award appears in 1 John Bassett Moore, History and Digest of the International Arbitrations to Which the United States Has Been a Party 653 (1898).

15 See Henry B. Brown, Remarks, 2 ASIL Proc. 132, 144 (1908). See also Gladstone’s pronouncement in the British House of Commons on June 15, 1880: “I regard the fine imposed on this country as dust in the balance compared with the moral value of the example set when two great nations … went in peace and concord before a judicial tribunal rather than resort to the arbitrament of the sword.” Quoted in George A. Finch, The American Society of International Law 1906–1956, 50 AJIL 293, 293 (1956) [hereinafter Finch, ASIL 1906–56].

16 See Manley O. Hudson, International Tribunals, Past and Future 5 (1944).

17 James Brown Scott, Introductory Note to Arbitrations and Diplomatic Settlements of the United States (Carnegie Endowment for International Peace, Division of International Law Pamphlet No. 1, 1914). The table is in id. at 20. John Bassett Moore shared Scott’s belief in arbitration, as evidenced by his monumental History and Digest of the International Arbitrations to Which the United States Has Been a Party (6 vols. 1898).

18 See Larry L. Fabian, Andrew Carnegie’s Peace Endowment: The Tycoon, the President, and Their Bargain of 1910, at 25–26 (1985); Finch, ASIL 1906–56, supra note 15, at 295.

19 See Marchand, supra note 6, at 45–46.

20 See Fabian, supra note 18, at 17.

21 See International Conference of the American Society for Judicial Settlement of International Disputes, Proceedings of International Conference under the Auspices of the American Society for Judicial Settlement of International Disputes, December 15–17, 1910 (1911).

22 See American Society for Judicial Settlement of International Disputes, Proceedings of Sixth National Conference, December 8–9, 1916 (1917). The focus of the sixth conference was entirely on the U.S. Supreme Court.

23 Marchand, supra note 6, at 40.

24 Mohonk Lake Conference on International Arbitration, Report of the Eleventh Annual Meeting 128–29 (1905) [hereinafter Mohonk Report].

25 See James Brown Scott, History of the Organization of the American Society of International Law, 1 ASIL Prog. 23 (1907), on which much of the narrative in this article regarding formation of the Society is based.

26 Kirchwey and Scott must have been very close. In later correspondence, Kirchwey addressed Scott by a homespun nickname and used one for himself as well. Letter from George W. Kirchwey to James Brown Scott (Jan. 14, 1913). All letters cited in this article are in the ASIL’s files.

27 Scott, supra note 25, at 26.

28 Mohonk Report, supra note 24, at 141.

29 See Ralph D. Nurnberger, James Brown Scott: Peace Through Justice 58 (1975) (unpublished Ph.D. dissertation, Georgetown University).

30 Jesse S. Reeves, Vice President of the Society, Address, 32 ASIL Proc. 1 (1938).

31 Frederic R. Coudert, An Appreciation of James Brown Scott, 37 AJIL 559, 559 (1943).

32 James Brown Scott, Cases on International Law, published by the Boston Book Co. in 1902 and reissued by West Publishing Co. in 1906.

33 See James Brown Scott, Elihu Root: An Appreciation, 31 ASIL Proc. 1, 6–7 (1937). Some of the information in this paragraph comes from an interview with Eleanor H. Finch (May 16, 1994).

34 This synopsis of Scott’s career is based on George A. Finch, James Brown Scott, 1866–1943, 38 AJIL 183, 184–85 (1944).

35 The quote is from James Brown Scott’s paraphrase of Straus’s remarks, 1 ASIL Proc. 28 (1907).

36 Letter from Oscar S. Straus to James Brown Scott (Apr. 27, 1916), reprinted in 10 ASIL Proc. 137 (1916).

37 Letter from James Brown Scott to Richard Olney (Apr. 24, 1913).

38 The first issue of the Journal listed ten “principal periodicals devoted wholly or in part to questions of international law.” Only one, the American Political Science Review, was published in English, and its coverage of international law was limited to a section in each issue. 1 AJIL 135–36 (1907).

39 Again, the paraphrase is by James Brown Scott, 1 ASIL Proc. at 29. At the 1905 Lake Mohonk Conference, the initial group of interested members had conceived of such a journal as a vehicle “to disseminate not only the proper ideas regarding peace and arbitration, but to disseminate instruction regarding the great principles of international law and those questions that lead to differences between nations.” The group also believed that the journal “would be most useful in stimulating the scholars who are devoting themselves to that subject.” Mohonk Report, supra note 24, at 141.

40 Elihu Root, The Need of Popular Understanding of International Law, 1 AJIL 1, 2–3 (1907). The New York Tribune reported that “the journal does not confine itself to academic essays on abstract topics of international law, but pays most attention to the issues which are at the present time of special interest.” N.Y. Trib., Feb. 9, 1907. A thorough synopsis of the articles in the first issue appeared in N.Y. Sun, Feb. 10, 1907.

41 See Finch, supra note 34, at 188; 25 ASIL Proc. 242–43 (1931).

42 1 ASIL Proc. at 30.

43 Id. at 5.

44 The debate over admitting corporate members made the news. See N.Y. Times, Jan. 13, 1906.

45 Editorial Comment, 1 AJIL 129, 134 (1907).

46 See Alona E. Evans & Carol Per Lee Plumb, Women and the American Society of International Law, 68 AJIL 290, 290 (1974).

47 ASIL Executive Council, Précis of the First Meeting 3 (Jan. 29, 1906) (in the ASIL’s files).

48 Evans & Plumb, supra note 46, at 290–91.

49 Précis, supra note 47, at 10.

50 Mohonk Report, supra note 24, at 141–42.

51 The Society’s files contain an application for membership from Isabelle Bridge, of New York City, in 1916, and a reply from James Brown Scott turning her down.

52 Letter from James Brown Scott to Ellery C. Stowell (Apr. 13, 1917), in which Scott expressed regret that the custom of excluding women from the banquet still existed.

53 Evans & Plumb, supra note 46, at 295, identifying her as Hope K. Thompson. She reviewed Lassa Oppenheim, League of Nations (1919), in 13 AJIL 627 (1919).

54 N.Y. Trib., Jan. 13, 1906.

55 See Nurnberger, supra note 29, at 60–62. This membership, of course, reflected the composition of the initial organizing group. See text at note 28 supra.

56 See 1 ASIL Proc. 216 (1907).

57 The 1907 members are listed in id. at 11–22. Of the 525 listed members, 56 are identified as “Professor” or “Doctor.” A few others of that ilk probably did not identify themselves as such.

58 There were about 4,300 members in 1993. Approximately 880 of them were identified with institutions of higher learning. 1993 ASIL Membership Directory at xi, 561–76.

59 In November 1933, George Finch, then the Secretary of the Society, wrote a letter to the editor rebutting an offhand assertion in the American Bar Association Journal that about 80% of the Society’s members were law professors. Finch pointed out that of the 1,100 current members, 235 (about 21%) were connected with colleges and universities. See 20 A.B.A. J. 59 (1934).

60 ASIL Const. Art. III.

61 See 1 ASIL Proc. at 261–62.

62 See Finch, ASIL 1906–56, supra note 15, at 297–98; George A. Finch, Remarks, 44 ASIL Proc. 65–66 (1950).

63 See 2 Philip C. Jessup, Elihu Root 505 (1938); Richard W. Leopold, Elihu Root and the Conservative Tradition 189 (1954).

64 1 Jessup, supra note 63, at 456.

65 2 id. at 257–60.

66 See 8 ASIL Proc. 327 (1914).

67 Scott, supra note 33, at 8.

68 See 1 Jessup, supra note 63, at 401–05, 518.

69 Marchand, supra note 6, at 52.

70 See Hatsue Shinohara, The Rise of a New International Law in America, 5 Japanese J. Am. Stud. 85, 89–90 (1993–94).

71 Prospectus: The Aim and Scope of the American Society of International Law, 1 ASIL Proc. 35, 36 (1907).

72 The results of the Executive Council’s election of editorial board members first appear in the Society’s annual Proceedings for 1910. See 4 ASIL Proc. 196 (1910).

73 Letter from James Brown Scott to Oscar S. Straus 4 (Dec. 12, 1908).

74 1 ASIL Proc. at 240, 241.

75 Interestingly, Scott carried over the goal of informing the public about international law into the Carnegie Endowment. One of his aims in persuading the Carnegie Institution—later the Endowment—to publish the Classics of International Law was to spread “the knowledge of a law of nations and [put] at the disposal of the general reader as well as the expert the process of its literary growth and development.” 9 Y.B. Carnegie Endowment Int’l Peace 106 (1920). The importance of making the classics accessible to experts is undeniable; that the general reader has taken advantage of the opportunity to read Gentili, Grotius, Pufendorf et al. is doubtful, to say the least.

76 Patterson, supra note 1, at 33.

77 For example, Charles Cheney Hyde gave “a popular course on International Law, as interpreted by the United States,” consisting of 20 lectures, at Northwestern University in the spring of 1916. The Society’s files contain the printed announcement of the lecture series, but they do not show what the public turnout was.

78 1 ASIL Proc. at 39.

79 Quoted in id. at 46.

80 Treaty of Commerce and Navigation, Nov. 22, 1894, Art. 1, 29 Stat. 848, 9 Bevans 387.

81 23 ASIL Proc. 194–96 (1929).

82 Elihu Root, Address, 1 ASIL Proc. 43, 49–50 (1907), reprinted in 1 AJIL 273, 279 (1907). The dispute was also the subject of Editorial Comments by James Brown Scott in id. at 150 and 449.

83 See George A. Finch, The Need to Restrain the Treaty-Making Power of the United States within Constitutional Limits, 48 AJIL 57 (1954); George A. Finch, Observations on Proposed Amendments to the United States Constitution, 48 ASIL Proc. 128 (1954) [hereinafter Finch, Proposed Amendments]; George A. Finch, The Treaty-Clause Amendment: The Case for the Association, 38 A.B.A. J. 467 (1952) [hereinafter Finch, Treaty-Clause Amendment].

84 See Finch, Proposed Amendments, supra note 83, at 131; Finch, Treaty-Clause Amendment, supra note 83, at 468. For Anderson’s views, see Chandler P. Anderson, The Extent and Limitations of the Treaty-Making Power under the Constitution, 1 AJIL at 636, 639, 665.

85 Nurnberger, supra note 29, at 101.

86 See Marchand, supra note 6, at 46.

87 Id. at 59–60. See Wayne Mac Veagh, Remarks, 3 ASIL Proc. 48, 51 (1909); A. J. Montague, Remarks, id. at 227–35; N. W. Harris, Remarks, id. at 236.

88 1 ASIL Proc. 96–97 (1907).

89 Id. at 141. For a contemporaneous discussion of the doctrines, see Amos S. Hershey, The Calvo and Drago Doctrines, 1 AJIL 26 (1907).

90 1 ASIL Proc. at 142–43.

91 See, e.g., 2 ASIL Proc. 129–30 (1908); 3 id. at 235–36 (1909); 10 id. at 169 (1916) (matters referred to the Executive Council rather than to the Executive Committee, but the effect was the same).

92 Richard Olney, Address, 1 ASIL Proc. at 218, 227.

93 Wash. Herald, Apr. 21, 1907. The New York Herald, on April 21, 1907, reported that Olney “caused a stir.” His remarks were also reported by the New York Times and New York Sun of April 21, 1907. These clippings are on file with the Society.

94 See 2 AJIL 29 n.1 (1908).

95 John Bassett Moore, Address, 1 ASIL Proc. at 252, 258–59.

96 Elihu Root, The Sanction of International Law, 2 ASIL Proc. at 14.

97 Robert Lansing, Address, id. at 44, 47.

98 Velásquez Rodríguez Case, Inter-Am. Ct. H.R., ser. C, No. 4, 1988 Ann. Rep. 35, paras. 161–75 (July 29).

99 American Convention on Human Rights, Nov. 22, 1969, Art. 1(1), 1144 UNTS 123, OAS TS No. 36.

100 The International Covenant on Civil and Political Rights, Dec. 19, 1966, Art. 2(1), 999 UNTS 171, contains language quite similar to the language in American Convention Art. 1(1). The UN Human Rights Committee has found that governments have an affirmative duty to act when it is known that a citizen’s life has been threatened. See Delgado Páez v. Colombia, UN GAOR, 45th Sess., Supp. No. 40, vol. 2, at 43, UN Doc. A/45/40 (1990). For the European human rights system, see Case of X and Yv. Netherlands, 91 Eur. Ct. H.R. (ser. A) (1985) (interpreting Article 8 of the European Convention for the Protection of Human Rights and Fundamental Freedoms).

101 2 ASIL Proc. at 152, 155.

102 ASIL Executive Committee, Minutes (Dec. 12, 1908).

103 See Marchand, supra note 6, at 50–51, 55–56.

104 The definitive biography of Root is Jessup, supra note 63.

105 James Brown Scott, Editorial Comment, 1 AJIL 134, 134–35.

106 Letter from James Brown Scott to Oscar S. Straus (Dec. 12, 1908) [hereinafter Scott, Letter to Straus]. The letter is an important chronicle of the start-up of the Journal. It is in the Society’s Executive Council Minutes file for 1906–1937.

107 Finch, ASIL 1906–56, supra note 15, at 298.

108 Scott, Letter to Straus, supra note 106. The contract with Baker, Voorhis was not renewed when its term expired. A new contract was then entered into with the American branch of Oxford University Press. AJIL Board of Editors, Minutes 1–2 (Dec. 2, 1916); 11 AJIL, title page, Jan. issue (1917). By 1920, four-fifths of the $5 annual dues were going toward publishing the Journal. 14 ASIL Proc. 6 (1920).

109 The list, with amounts pledged, is in the Society’s files. See also 2 ASIL Proc. 130 (1908).

110 Scott, Letter to Straus, supra note 106.

111 Id.

112 ASIL Executive Committee, Minutes 2 (Dec. 12, 1908).

113 Scott, Letter to Straus, supra note 106.

114 The first of these, The Legal Nature of International Law, 1 AJIL 831 (1907), was based on two articles Scott had previously published. The others, on topics ranging from the peace conferences to naval warfare to the proposed court of arbitral justice, appear to have been original contributions to the Journal.

115 In the earliest years, Editorial Comments were unsigned. That Scott was the author appears in an appendix to Scott, Letter to Straus, supra note 106.

116 Scott, Letter to Straus, supra note 106.

117 See text following note 41 supra.

118 For example, under date of January 1, 1907, it was noted that Carnegie had donated $750,000 for a new building to be used by the Bureau of American Republics. Under date of January 8, 1907, the death of the Shah of Persia was noted. Chronicle of International Events, 1 AJIL at 488, 493, 494.

119 The Chronique des faits internationaux also contains maps where appropriate, and is organized by country rather than chronologically within the period covered.

120 Letter from George A. Finch to Otis G. Stanton (July 31, 1913).

121 John Hazard, Comment, 64 ASIL Proc. 269 (1970).

122 Letter from James Brown Scott to Elihu Root (Apr. 5, 1909).

123 When Warren Harding became the U.S. President in 1921, he became the Honorary President of the Society, until his death in 1923. Root succeeded Harding as Honorary President when he stepped down as ASIL President in 1924.

124 3 ASIL Proc. 13, 14–15 (1909).

125 3 ASIL Proc. at 25.

126 Id. at 221–38.

127 See 2 Jessup, supra note 63, at 75–76.

128 See Nurnberger, supra note 29, at 147–49.

129 The cases were the North Atlantic Coast Fisheries Case (Brit./U.S.), Hague Ct. Rep. (Scott) 141 (1910), 4 AJIL 948 (1910), and the Orinoco Steamship Co. Case (U.S./Venez.), Hague Ct. Rep. (Scott) 226 (1910), 5 AJIL 230 (1911).

130 3 ASIL Proc. at 166, 175.

131 3 ASIL Proc. at 268 n.1.

132 Convention for the Pacific Settlement of International Disputes, supra note 7, Art. 16. The report of the 1909 Annual Meeting, 3 ASIL Proc. at 263, has Scott identifying the relevant article as VI, but it is actually Article 16. The same language appears in the 1907 revision of the Hague Convention, supra note 7, Art. 38.

133 3 ASIL Proc. at 264.

134 See Nurnberger, supra note 29, at 123–25.

135 See 4 ASIL Proc. 27–42 (1910).

136 Committee on the Codification of the Principles of Justice in Times of Peace, Preliminary Report, 4 ASIL Proc. at 197, 200.

137 175 U.S. 677 (1900).

138 Sources common to both the subcommittee’s report and the Supreme Court’s opinion included treaties, diplomatic arrangements, decisions of international and municipal tribunals, state papers, municipal legislation and the writings of publicists.

139 See 4 ASIL Proc. at 203–08.

140 4 ASIL Proc. at 222.

141 See James Brown Scott, Report to the Executive Council (May 1, 1937), 31 ASIL Proc. 227 (1937). In 1921 the Committee on Codification was consolidated into the Committee on the Advancement of International Law. 15 ASIL Proc. 126 (1921). In 1925 the codification effort was turned over to a Special Committee on Collaboration with the League of Nations Committee for the Progressive Codification of International Law. 19 ASIL Proc. at vi, 173–75 (1925).

142 See Nurnberger, supra note 29, at 125.

143 Letters from James Brown Scott to Edward D. White (Jan. 16, Mar. 4 & Apr. 21, 1911), and from White to Scott (Mar. 1 & Apr. 19, 1911).

144 6 ASIL Proc. 1, 3 (1912).

145 See Davis, supra note 10, at 322–25.

146 Id. at 324. Senator Henry Cabot Lodge, who had led the effort in the Senate to limit the scope of the treaties, was the principal speaker at the Society’s annual banquet two days after Root made his remarks. His topic was international arbitration. 6 ASIL Proc. at 200–06. Root was not present at the banquet.

147 Elihu Root, The Real Significance of the Declaration of London, 6 ASIL Proc. 4, 6–12 (1912). For the London Declaration, Feb. 26, 1909, see 3 AJIL Supp. 179 (1909).

148 6 ASIL Proc. at 191–92.

149 Later conferences were held in 1918, 1948, 1960 and 1974, culminating in the International Convention for the Safety of Life at Sea, Nov. 1, 1974 (SOLAS 1974), 32 UST 47, which—with a 1978 Protocol and several amendments—remains in force.

150 Russia v. Turkey, Hague Ct. Rep. (Scott) 298 (1912), 7 AJIL 178 (1913).

151 James Brown Scott, Address, 7 ASIL Proc. 1, 3 (1913).

152 Id. at 5.

153 Wash. Post, Apr. 26, 1913. For the address, Panama Canal Tolls Legislation and the Hay-Pauncefote Treaty, see 7 ASIL Proc. at 81.

154 The precedent had been set at the first meeting of the Executive Council, in January 1906. See 1 ASIL Proc. 34–35 (1907).

155 7 ASIL Proc. at 252–53.

156 Elihu Root, Address, 8 ASIL Proc. 1, 2 (1914).

157 8 ASIL Proc. at 231–32.

158 See Finch, supra note 34, at 207–08, where the declaration is quoted. It also appears in Scott’s Editorial Comment, The American Institute of International Law, 10 AJIL 121, 124–26 (1916).

159 The 30 draft projects appear in 20 AJIL Special Supp. 300–84 (Oct. 1926).

160 See James Brown Scott, The Gradual and Progressive Codification of International Law, 21 AJIL 417 (1927).

161 8 ASIL Proc. at 239–40.

162 Id. at 241–42.

163 Id. at 242.

164 William Jennings Bryan, Address, 8 ASIL Proc. at 336, 338–39. See also Finch, ASIL 1906–56, supra note 15, at 305.

165 Carnegie Endowment for International Peace, Report on the Teaching of International Law in the Educational Institutions of the United States 1 (1913).

166 Id. at 318.

167 For example, the Supplement to volume 2 of the AJIL contained the Final Act and Conventions of the second Hague Peace Conference. 2 AJIL Supp. 1–218 (1908). The Supplement to volume 3 contained documents relating to the 1903 Panama Canal Treaty, dating back to 1815. 3 AJIL Supp. 106–39 (1909).

168 See Finch, ASIL 1906–56, supra note 15, at 301.

169 Letter from James Brown Scott to William Jennings Bryan (Apr. 28, 1915).

170 Letter from Bryan to Scott (May 7, 1915).

171 9 AJIL Special Supp. (July 1915); 10 AJIL Special Supp. (Oct. 1916); 11 AJIL Special Supp. (Oct. 1917).

172 Nation (New York), Jan. 27, 1916, at 113.

173 10 ASIL Proc. 168 (1916).

174 Id.

175 Id. at 165; Letter from George A. Finch to John Bassett Moore (May 16, 1916); Moore’s reply (May 22, 1916).

176 Elihu Root, The Outlook for International Law, 9 ASIL Proc. 2, 3 (1915).

177 Id. at 10.

178 Elihu Root, Opening Remarks, 11 ASIL Proc. 1–2 (1917).

179 Elihu Root, The Effect of Democracy on International Law, id. at 2, 5.

180 William J. Clinton, State of the Union Address (Jan. 25, 1994), 30 Weekly Comp. Pres. Doc. 148, 154 (Jan. 31, 1994).

181 See, e.g., Edward D. Mansfield & Jack Snyder, Democratization and War, Foreign Aff., May/June 1995, at 79.

182 James W. Garner, Some True and False Conceptions Regarding the Duty of Neutrals in Respect to the Sale and Exportation of Arms and Munitions to Belligerents, 10 ASIL Proc. 18 (1916).

183 Philip Marshall Brown, Munitions and Neutrality, id. at 33, 35, 42.

184 See Bartlett, supra note 1, at 43–44 (discussing Root’s importance to the League movement and his rejection of the invitation to join).

185 See Finch, ASIL 1906–56, supra note 15, at 310–11; Shinohara, supra note 70, at 96.

186 See 2 Jessup, supra note 63, at 378.

187 See Nurnberger, supra note 29, at 55 (referring to a letter from Scott to H. C. Phillips dated April 25, 1916).

188 11 ASIL Proc. 91 (1917).

189 Id. at 101.

190 Id. at 118, 119, 121, 122, 123.

191 See Shinohara, supra note 70, at 107–08.

192 8 ASIL Proc. 325 (1914). One suspects that the source of the praise was Lassa Oppenheim, who in 1917 wrote to congratulate Scott for editing “the leading international law periodical of the world.” Letter from Lassa Oppenheim to James Brown Scott (Dec. 28, 1917). See also Lassa Oppenheim, The Science of International Law: Its Task and Method, 2 AJIL 313, 313 (1908) (“Undoubtedly, this Journal has at once with its appearance taken up the position of a leading magazine of the science of international law.”). Rather more colorfully, R. S. Woodward, President of the Carnegie Institution of Washington, said in 1910, “If the legal profession does not warm up to the proper pitch of enthusiasm for your journal the members thereof will prove themselves deficient in red blood corpuscles.” Letter from R. S. Woodward to James Brown Scott (Feb. 2, 1910).

193 See Hershey, supra note 89.

194 See George B. Davis, Doctor Francis Lieber’s Instructions for the Government of Armies in the Field, 1 AJIL 13 (1907); George B. Davis, The Geneva Convention of 1906, id. at 409; C. H. Stockton, Would Immunity from Capture, During War, of Non-Offending Private Property upon the High Seas be in the Interest of Civilization?, id. at 930; James Brown Scott, The Work of the Second Peace Conference, 2 AJIL 1, 15–21 (1908); Ellery C. Stowell, Convention Relative to the Opening of Hostilities, 2 AJIL at 50; George B. Davis, The Amelioration of the Rules of War on Land, id. at 63; Antonio S. de Bustamante, The Hague Convention Concerning the Rights and Duties of Neutral Powers and Persons in Land Warfare, id. at 95; articles by James Brown Scott, George G. Wilson, C. H. Stockton, James Brown Scott (again), Louis Renault, Simeon E. Baldwin and Charles Cheney Hyde on various aspects of maritime warfare, id. at 259, 271, 276, 285, 295, 307 and 507; George B. Davis, The Launching of Projectiles from Balloons, id. at 528; George B. Davis, The Second, Third, and Fourth Voeux of the Conference, id. at 811.

195 See Jackson H. Ralston, Some Suggestions as to the Permanent Court of Arbitration, 1 AJIL at 321; William L. Penfield, International Arbitration, id. at 330; R. Floyd Clarke, A Permanent Tribunal of International Arbitration: Its Necessity and Value, id. at 342; David J. Hill, The, Second Peace Conference at The Hague, id. at 670, 678–84; Amos S. Hershey, Convention for the Peaceful Adjustment of International Disputes, 2 AJIL at 29 (dealing with good offices and mediation as well as arbitration); James Brown Scott, The Central American Peace Conference of 1907, id. at 121, 140–43 (“the crowning glory [of the Conference] is the convention for the establishment of a Central American court of justice”); Luis Anderson, The Peace Conference of Central America, 2 AJIL at 144; articles by Charles Noble Gregory, Henry B. Brown and Thomas Raeburn White on the proposed international prize court, id. at 458, 476 and 490; William I. Hull, Obligatory Arbitration and the Hague Conferences, id. at 731; James Brown Scott, The Proposed Court of Arbitral Justice, id. at 772.

196 See John Bassett Moore, International Law: Its Present and Future, 1 AJIL at 11; Robert Lansing, Notes on Sovereignty, id. at 105; Richard Olney, The Development of International Law, id. at 418; Scott, supra note 114; Oppenheim, supra note 192; W. W. Willoughby, The Legal Nature of International Law, 2 AJIL at 357; Elihu Root, The Sanction of International Law, id. at 451 (reprint of address, supra note 96); Frederick Charles Hicks, The Equality of States and The Hague Conferences, id. at 530.

197 See Simeon E. Baldwin, The International Congresses and Conferences of the Last Century as Forces Working toward the Solidarity of the World, 1 AJIL at 565; Paul S. Reinsch, International Unions and Their Administration, id. at 579.

198 See Elihu Root, The Real Question under the Japanese Treaty and the San Francisco School Board Resolutions, id. at 273 (reprint of Root’s opening address at the first Annual Meeting, see text at and note 79 supra); Albert Bushnell Hart, American Ideals of International Relations, 1 AJIL at 624; Gaillard Hunt, The History of the Department of State: I, id. at 867, and 77, 2 AJIL at 591; Wilbur J. Carr, The American Consular Service, 1 id. at 891; W. W. Willoughby, Citizenship and Allegiance in Constitutional and International Law, id. at 914; Thomas Raeburn White, Constitutionality of the Proposed International Prize Court—Considered from the Standpoint of the United States, 2 AJIL at 490.

199 Oppenheim, supra note 192. Oppenheim, like the ASIL founders, was interested not only in the scholarly side of international law, but also in educating the public—what he called “the popularization of international law.” See id. at 323–24.

200 Letter from Charles S. Lobingier to James Brown Scott (Jan. 5, 1909); Scott’s reply (Mar. 11, 1909).

201 James Brown Scott, Book Review, 1 AJIL at 250, 252.

202 James Brown Scott, Book Review, 4 AJIL 250 (1910).

203 The review was published in 5 AJIL 534 (1911). According to the Library of Congress, where the Supreme Court Law Library was then housed, Borchardt changed his name to Borchard in 1911. He joined the Yale law faculty in 1917.

204 There is a letter in the ASIL correspondence file for 1909–1912 from Ralston to Scott, dated March 2, 1911, referring to Scott’s courtesy in sending Ralston a copy of the proposed review. There is also a letter from Borchardt, dated March 23, 1911, saying that he had changed several passages in response to assertions Ralston had made regarding perceived errors and exaggerations in the proposed review.

205 Letter from James Brown Scott, for the Carnegie Endowment, to the Society (Apr. 6, 1912).

206 ASIL Executive Council, Minutes (Nov. 13, 1920), in 14 ASIL Proc. 5, 6 (1920).

207 See 10 Y.B. Carnegie Endowment Int'l Peace 138 (1921).

208 James Brown Scott, Editorial Comment, The Revista de Derecho International, 16 AJIL 437, 438 (1922).

209 See Germanicus [Herwarth], The Central American Question from a European Point of View, 8 AJIL 213 (1914). That Herwarth was the author appears in a letter from George A. Finch to Jesse S. Reeves (Mar. 15, 1921).

210 Letter from John Fisher Williams to George A. Finch (Jan. 5, 1924). Finch’s Editorial Comment was The Legality of the Occupation of the Ruhr Valley, 17 AJIL 724 (1923).

211 Letter from George A. Finch to John Fisher Williams (Jan. 23, 1924).

212 Letter from George A. Finch to Jesse S. Reeves (Feb. 2, 1916).

213 Id.