Peace Conference. Prinkipo. Harold Williams. New Europe, 10:49. January. Prinkipo (The) Conference plan. (Russia). Current History, 9 (Pt. 2): 407. Problems of peace. January. Frank H. Simonds. Review of Reviews, 59: 33. Some principles and problems of settlement. Round Table, No. 33: 88. Reorganization de l'Europe et la paix juste et durable. E. Fallot. R. politique et Parlementaire, 98: 23. January. Suggested (A) programme for Eastern Africa. Fullani bin Fullani. New Europe, 10: 12. January. World (The) in Flux. E. J. Dillon. Fortnightly, 105: 11. January. Poland. Poland's thousand years of evolution. B. D. Kulakowski. Current History, 9 (Pt. 2): 319. Events in the Republic of Poland. Current History, 9 (Pt. 2): 452. 9 (Pt. 2): 313. Polonia (La) i suoi vicini. La Vita Internazionale, 22: 13. Prisoners of War. German brutality to prisoners. Current History, 9 (Pt. 2): 80. Greek protests against Bulgar brutality. Current History, 9 (Pt. 2) : 88. Prizes. Jurisprudence en matiere de prises maritimes (Guerre de 1914). R. generale de droit international public, 25: 33. December. Renault, Louis. M. Louis Renault. Journal of Comparative Legislation, 18: 193. December. Louis Renault (1843-1918). Sa vie, son œuvre. P. Fauchille. R. generale de droit international public, 25: necrologie-1. January-August. Roumania. Our Roumanian policy. New Europe, 10: 1. January. Text of Roumanian Treaty on entrance of Roumania into the War. Advocate of Peace, 81: 56. Russia. Russia and the Conference. Advocate of Peace, 81: 53. Russia and the new democracy. 35: 43. January. Russia's struggle against chaos. Savoy. Savoie (La) "neutralisée." spondant, 232: 881. December. J. A. Strahan, Law Quarterly R., Current History, 9 (Pt. 2): 76. Fernan David et J. Berge. Le Corre Scandinavia. Alliances in Scandinavia. 59: 87. January. H. O. Urkner. Review of Reviews, Serbia. What Serbia wants. Milivoy S. Stanoyevich. J. of Race Development, 9: 136. October. Scheldt, The. Question (The) of the Scheldt. Emile Cammaerts. New Europe, 10: 70. January. Question (The) of the Scheldt. A Dutch View. New Europe, 10:17. January. Schleswig. Sleswig since the armistice. Jacques de Coussange. New Europe, 10: 132. February. Schleswig. Question (La) du Slesvig. Jacques de Coussange. R. des deux mondes, 49: 448. March. Siberia. Siberia and the Russian Revolution. Richard Dupierreux. New Europe, 10:30, 53. January. Sinn Fein. Sinn Fein and Europe. Hugh A. Law. New Europe, 10: 41. January. Socialism. Significance of the Berne Conference. New Europe, 10: 136. February. Submarine Warfare. Guerre (La) sous marine allemande. P. Fauchille. R. generale de droit international public, 25: 75. January-August. Total damage caused by U-Boats. Current History, 9 (Pt. 2): 133. January. Treaties. Great Britain-France. 1916-1917. Secret Treaties-relative to Asia Minor. Summary New York Times, January 3, 1919. Tyrol. Tyrol as a republic. W. A. Baillie-Graham. Contemporary, 115: 171. Ukraine. Ukraine (The). O. de L. Edinburgh R., 229: 92. United States. America and world responsibility. Round Table, No. 34: 249. America's place in World Government. Round Table, No. 33: 20. United States and Sea Power. Archibald Hurd. Fortnightly, 105: 175. February. Wilson, Woodrow. President Wilson in Europe. Current History, 9 (Pt. 2) : 1, 198. January. KATHRYN SELLERS. A. D. THE OBLIGATION TO RATIFY TREATIES IS RATIFICATION NECESSARY FOR THE VALIDITY OF A TREATY? ONE of the earliest examples of a sort of ratification is found in the treaty between Justinian and the Persian King, Chosroes, in 561 In this case the sovereigns agreed to accept that which their plenipotentiaries had promised and agreed upon.1 The French-Swiss alliance of May 28, 1777, was sanctioned by solemn oaths. It was the custom in earlier times to take hostages to insure ratification; this Grotius believed entirely proper. The oath gave way to a mere act or declaration of ratification. Grotius likened a plenipotentiary to a mandatory, holding that all agreements reached by him were binding upon the sovereign from the time of signature, unless the secret instructions were transcended.3 Thus he regarded ratification as a mere form, not affecting the validity of the treaty. Likewise Martens, writing in 1789 at the time of the adoption of the Constitution of the United States, believed that if a mandatory had not exceeded his secret instructions, all that he agreed to was binding upon the state represented, and that the law of nations required no particular ratification (ratification particulière). Pufendorf regarded treaties valid from signature and thought ratification superfluous.5 It should be remembered that the older writers were accustomed to absolute sovereign relationship and wrote before the period when constitutional bodies developed and took away from the kings and heads of states a part of the supreme power. Among the powers taken away from the sovereigns or heads of states certain powers in regard to treaty-making. treaty-power occurred in 1789, when the Constitution of the United States vested that power in the President and the Senate. Certainly in many cases, has been Such a division of the 1 Du Mont, Supplement au Corps Universale, II, 197. 2 Wegmann, Die Ratifikation von Staatsvertraegen, p. 3. 3 De Jure Belli ac Pacis, III, 20, 52. 4 Droit des Gens, Art. 48. 5 De Jure Naturæ et Gentium, lib. III, cap. IX, art. 2. after its adoption it could not forcefully be maintained that ratification was unnecessary for the validity of treaties to which the United States was a party. No authority does so hold, yet there is considerable difference of opinion as to the extent of the obligation to ratify. The German writer, Wegmann, holds that ratification in general is somewhat superfluous (etwas ueberflussiges) and inconsequential (nichtssagendes). For most leading authorities, however, ratification is necessary for the validity of treaties. Usage has come to require ratification in case of all treaties. The question of the necessity for ratification is now hardly of practical interest, says Despagnet, since "qu'il n'y a peut-être plus un seul traité qui ne contienne de nos jours la reserve de la ratification." He makes an exception, however, of conventions between chiefs of state who themselves have full treaty power. "The necessity of ratification," says Hall, "may be taken as practically undisputed, and the reason for the requirement is one which prevents it from being a mere formality.” An even stronger statement is made by Pradier-Fodéré, who says that "Aucune traité n'est definitif avant d'avoir été ratifié."'s The view that ratification is an essential and necessary step in the making of a valid treaty is confirmed and strengthened by a consideration of partial ratification, of which several instances are recorded. Citing the Act of Brussels of July 2, 1890, which was only partially ratified by France with the assent of the other contractants, Despagnet says that ratification should be integral and without modification or reserve, unless the restrictions are admitted by all the contractants. In his report to the plenary session of the London Naval Conference of 1909, Professor Louis Renault said, regarding the rules agreed upon by the Conference commissions for the regulation of maritime warfare: Les règles contenues dans cette Déclaration touchent à des points très important et très different. Elles n'ont pas été acceptées avec 6 Staatsvertracge, p. 4, note 9. 7 International Law, 7th ed., p. 340. 8 Pradier-Fodéré's edition of Grotius, ftn., p. 144. 9 Droit International Public, p. 689, 4th ed., by Boeck, 1910. |