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Volume 36 - January 1942

Contents

Page 4 of 13

Official Documents

Great Britain-United States

Editorial Comment

  • The Attorney General Invokes Rebus Sic Stantibus

  • Herbert W. Briggs
  • Published online by Cambridge University Press:
    12 April 2017, pp. 89-96

  • On August 9, 1941, President Franklin D. Roosevelt proclaimed that the International Load Lines Convention of 1930 was no longer binding on the United States "for the duration of the present emergency." He based this unilateral suspension of the treaty on "changed conditions" which, he said, had conferred on the United States "an unquestioned right and privilege under approved principles of international law" to declare the treaty inoperative.The President's proclamation was made on the advice of Acting Attorney General Francis Biddle who had informed the President that: "It is a well-established principle of international law, rebus sic stantibus, that a treaty ceases to be binding when the basic conditions upon which it was founded have essentially changed. Suspension of the convention in such circumstances is the unquestioned right of a state adversely affected by such essential change."

Japan-United States

Editorial Comment

Other

Official Documents

Inter-American Neutrality Committee

Iran-U.S.S.R.-Great Britain

Japan-United States

Other

Editorial Comment

Current Notes

Editorial Comment

Current Notes

  • “Austro-Hungarians”

  • E. von Hofmannsthal
  • Published online by Cambridge University Press:
    12 April 2017, pp. 292-294

  • International lawyers have been surprised lately to find the expression “Austro-Hungarians” and “Austrian-Hungarians” appearing in several announcements of the Department of Justice since January 26, 1942. They recall that up to 1867 only Austrian citizenship existed. After that date, when Austria and Hungary formed two separate states linked merely by a common sovereign and in certain matters of foreign representation and war, citizens of the Empire had either Austrian or Hungarian citizenship, never an Austro-Hungarian.1 International lawyers may also have remembered the amusing error in the annex to Article 203 of the Treaty of St. Germain, where an “Austro-Huhgarian Law of December 30, 1907, Imperial Law Collection Number 278” is quoted. Such a law never existed and never could have existed.

Editorial Comment

Page 4 of 13