The Registrar shall forthwith communicate the application to all concerned.

He shall also notify the Members of the League of Nations through the Secretary-General.

ART. 41. The Court shall have the power to indicate, if it considers that circumstances so require, any provisional measures which ought to be taken to reserve the respective rights of either party.

Pending the final decision, notice of the measures suggested shall forthwith be given to the parties and the Council.

ART. 42. The parties shall be represented by Agents.

They may have the assistance of Counsel or Advocates before the Court. ART. 43. The procedure shall consist of two parts: written and oral. The written proceedings shall consist of the communication to the judges and to the parties of cases, counter-cases and, if necessary, replies; also all papers and documents in support.

These communications shall be made through the Registrar, in the order and within the time fixed by the Court.

A certified copy of every document produced by one party shall be communicated to the other party.

The oral proceedings shall consist of the hearing by the court of witnesses, experts, agents, counsel and advocates.

ART. 44. For the service of all notices upon persons other than the agents, counsel and advocates, the Court shall apply direct to the Government of the State upon whose territory the notice has to be served.

The same provision shall apply whenever steps are to be taken to procure evidence on the spot.

ART. 45. The hearing shall be under the control of the President or, in his absence, of the Vice-President; if both are absent, the senior judge shall preside.

ART. 46. The hearing in Court shall be public, unless the Court shall decide otherwise, or unless the parties demand that the public be not admitted.

ART. 47. Minutes shall be made at each hearing, and signed by the Registrar and the President.

These minutes shall be the only authentic record.

ART. 48. The Court shall make orders for the conduct of the case, shall decide the form and time in which each party must conclude its arguments, and make all arrangements connected with the taking of evidence.

ART. 49. The Court may, even before the hearing begins, call upon the agents to produce any document or to supply any explanations. Formal note shall be taken of any refusal.

ART. 50. The Court may, at any time, intrust any individual, body, bureau, commission or other organization that it may select, with the task of carrying out an inquiry or giving an expert opinion.

ART. 51. During the hearing any relevant questions are to be put to the witnesses and experts under the conditions laid down by the Court in the rules of procedure referred to in Article 30.

ART. 52. After the Court has received the proofs and evidence within the time specified for the purpose, it may refuse to accept any further oral or written evidence that one party may desire to present unless the other side consents.

ART. 53. Whenever one of the parties shall not appear before the Court, or shall fail to defend his case, the other party may call upon the Court to decide in favor of his claim.

The Court must, before doing so, satisfy itself, not only that it has

jurisdiction in accordance with Articles 36 and 37, but also that the claim is well founded in fact and law.

ART. 54. When, subject to the control of the Court, the agents, advocates and counsel have completed their presentation of the case, the President shall declare the hearing closed.

The Court shall withdraw to consider the judgment.

The deliberations of the Court shall take place in private and remain

secret.

ART. 55. All questions shall be decided by a majority of the judges present at the hearing.

In the event of an equality of votes, the President or his deputy shall have a casting vote.

ART. 56. The judgment shall state the reasons on which it is based. It shall contain the names of the judges who have taken part in the decision.

ART. 57. If the judgment does not represent in whole or in part the unanimous opinion of the judges, dissenting judges are entitled to deliver a separate opinion.

ART. 58. The judgment shall be signed by the President and by the Registrar. It shall be read in open Court, due notice having been given to the agents.

ART. 59. The decision of the Court has no binding force except between the parties and in respect of that particular case.

ART. 60. The judgment is final and without appeal. In the event of dispute as to the meaning or scope of the judgment, the Court shall construe it upon the request of any party.

ART. 61. An application for revision of a judgment can be made only when it is based upon the discovery of some fact of such a nature as to be a decisive factor, which fact was, when the judgment was given, unknown to the Court and also to the party claiming revision, always provided that such ignorance was not due to negligence.

The proceedings for revision will be opened by a judgment of the Court expressly recording the existence of the new fact, recognizing that it has such a character as to lay the case open to revision, and declaring the application admissible on this ground.

The Court may require previous compliance with the terms of the judgment before it admits proceedings in revision.

The application for revision must be made at latest within six months of the discovery of the new fact.

No application for revision may be made after the lapse of ten years from the date of the sentence.

ART. 62. Should a State consider that it has an interest of a legal nature which may be affected by the decision in the case, it may submit a request to the Court to be permitted to intervene as a third party.

It will be for the Court to decide upon this request.

ART. 63. Whenever the construction of a convention to which States other than those concerned in the case are parties is in question, the Registrar shall notify all such States forthwith.

Every State so notified has the right to intervene in the proceedings; but if it uses this right, the construction given by the judgment will be equally binding upon it.

ART. 64. Unless otherwise decided by the Court, each party shall bear its own costs.

APPENDIX C.

SELECT REFERENCES

The following references have been selected with the object of introducing the student to the more important works bearing upon the subjectmatter of the successive chapters and their sub-divisions. In making the selection the facilities of the average university or college library have been kept in view, and no attempt has been made to present an exhaustive list of authorities which might have the effect of bewildering rather than guiding the student in further research work. Brief comment follows the more important works as a means of enabling the student to determine more readily the character of the material to be looked for in the particular volume. The grouping of the references under letters, a, b, c, d, etc., conforms to the classification of subject-matter in the table of contents.

CHAPTER I

The Historical Background of International Law

a. Vinogradoff, Sir Paul, Outlines of Historical Jurisprudence. Vol. I, "Introduction; Tribal Law." Vol. II, "The Jurisprudence of the Greek City" (Oxford, 1920, 1923). This work, when completed, should furnish the student with valuable material for a study of the growth of law from simpler to more elaborate forms. Maine, Sir Henry, Ancient Law (Pollocks' ed., Oxford, 1906). A useful survey of the development of legal relations from family status to independent contract, showing incidentally the development of legal procedure.

Pound, R., An Introduction to the Philosophy of Law (New Haven, 1922). Chap. II, "The End of Law," shows the purpose of law in different stages of civilization. See below, Chap. VIII, a-b.

b. Phillipson, C., The International Law and Custom of Ancient Greece and Rome. 2 vols. (London, 1911). A scholarly study giving numerous illustrations of actual practice, with citations from ancient authors.

Tod, M. N., International Arbitration among the Greeks (Oxford 1913).

Vinogradoff, Sir Paul, Vol. II, as listed.

Walker, T. A., A History of the Law of Nations, Vol. I. "From the earliest times to the Peace of Westphalia, 1648" (Cambridge, 1899). A valuable survey, based largely upon original sources, with detailed illustrations and analyses of leading authorities. The best general study.

Redslob, A., Histoire des Grands Principes du Droit des Gens (Paris, 1920). A historical study of the development of leading principles during successive periods from ancient times down to the present day.

c. Vanderpol, A., La Doctrine Scholastique du Droit de Guerre (Paris, 1919). An exposition, with references to original sources, of the teachings of the Church Fathers and later Canonists.

Nys, E., Les Origines de Droit International (Paris, 1894). A description of and commentary upon the early and later literature of international law.

See also, Nys, Le Droit International, ed. 1912, Vol. I.

Lange, C. L., Histoire de l'Internationalisme (Christiania, 1919). A survey of the progress of ideals of international unity as distinct from actual rules of practice, giving special attention to medieval writers.

Bryce, J., The Holy Roman Empire (rev. ed., New York, 1904). A standard treatise, valuable as a general survey. Chapter XV: "The Empire as an International Power."

d. Hill, D. J., A History of Diplomacy in the International Development of Europe. 3 vols. (New York, 1905-06). Gives the political background of the growth of international law. Oppenheim, L., International Law, Vol. I. §§ 43-51. A convenient text-book survey.

Wheaton, H., History of the Law of Nations in Europe and America (1st ed., New York, 1845). Obsolete in respect to certain questions and authors, but still valuable as a general survey.

Phillimore, W. G. F. (Lord), Three Centuries of Treaties of Peace and their Teaching (London, 1917). A brief but scholarly study of fundamental political problems.

e. Standard histories, such as those by Hazen, Hayes, Schapiro, Gooch, Phillips, and others.

Oakes, Sir C. B., and Mowat, R. B., The Great European Treaties of the Nineteenth Century (Oxford, 1918). A valuable collection of texts, with statements of the conditions under which the treaties were entered into.

Phillips, W. A., The Confederation of Europe (New York, 1914). "A study of the European Alliance, 1813-1823, as an Experiment in the International Organization of Peace."

Holland, T. E., The European Concert in the Eastern Question (Oxford, 1885). A standard work on the balance of power in the Near East.

Hertslet, Sir E., The Map of Europe by Treaty. 4 vols. (London, 1875-91.) A collection of treaties "showing the various political and territorial changes since 1814."

British and Foreign State Papers, 1812- (London, 1832-). A mine of source material for the study of the foreign relations of Great Britain and of the leading powers.

Von (De) Martens, G. F., Recueil des Principaux Traités, etc. (17611801; Supplément au Recueil (1761-1807); Nouveau Recueil (1808-1839); Nouveau Recueil Général (1840-1874); Nouveau Recueil Général . . . 2e Serie (1876-1908); Nouveau Recueil Général... 3e Ser. 1808-). An exhaustive collection of treaties.

(See Myers, D. P., Manual, 26-27.) League of Nations Treaty Series (Geneva, 1920-). The series consists in the texts of "treaties and international engagements registered with the Secretariat of the League," and forms important source material for the study of international relations.

Alvarez, A., Le Droit International Américain (Paris, 1910). A history of international law as applied between the Latin-American states, with a chapter on the Monroe Doctrine.

Nys, E., Les Etats-Unis et le Droit des Gens (Brussels, 1909). A reprint from the Revue de Droit International et de Legislation Comparée, showing the contribution of the United States to the development of international law.

f. Scott, J. B., The Hague Peace Conferences of 1899 and 1907 (Baltimore, 1909). A study, based partly upon personal observation, of the problems confronting the two conferences.

Higgins, A. P., The Hague Peace Conferences (Cambridge, 1909). A detailed commentary chiefly upon the conventions adopted in 1907. Hicks, F. C., The New World Order (New York, 1920). Text and documents showing the progress of international law and international coöperation. The Proceedings of the Hague Peace Conferences. Conference of 1899. Conference of 1907. Vol. I. Plenary Meetings of the Conference; Vol. II. Meetings of the First Commission; Vol. III. Meetings of the Second, Third and Fourth Commissions (New York, 1920). A translation of the official edition in French. Potter, P. B., Introduction to the Study of International Organization (New York, 1922). Part VI: "International Conferences and Congresses."

g. Wright, Q., "The Effect of the War on International Law," Minnesota Law Review, V (1921), 436, 515.

h. Pollock, Sir F., The League of Nations (London, 1920). A scholarly commentary on the text of the Covenant, preceded by introductory historical chapters.

Wright, Q., "Effects of the League of Nations Covenant," Am. Political Science Rev., XIII (1919), 556-565.

Handbook on the League of Nations, 1920-1923 (World Peace Foundation, 1923).

For a bibliography of the League of Nations, see Potter, P. B., Introduction to the Study of International Organization, Appendix B, §§ 27, 28.

CHAPTER II

The Nature and Scope of International Law

a-c. Oppenheim, L., International Law (3rd ed., London, New York, 1920-21), I, §§ 1-10.

Hall, W. E., International Law (7th ed., Oxford, 1917). Introductory Chapter. An analysis of international law from the point of view of a Positivist.

b. Higgins, A. P., The Binding Force of International Law (Cambridge, 1910). A brief but clear statement of the basis of international law.

Wright, Q., "The Understandings of International Law," Am. Journal of Int. Law, XIV, 565.

c. Walker, T. A., The Science of International Law, pp. 1-56 (London, 1893). Upholds the legal nature of international law, making comparisons with national law.