should be a simple transmission to the proper neutral authority of a copy of the declaration made to the enemy. Résumé. The survey of practice and opinion indicates that the rules proposed in 1907 at the conference at The Hague reflected general opinion. Any wide departure from these rules would not at present receive much sanction. Most authorities contend that the main aim is to know definitely when war begins, if war is to be undertaken, and to know something of the reason for the war. Considering this condition of affairs the following Hague rules are thought sufficient:

REGULATIONS.

ARTICLE 1. Hostilities between the contracting powers must not commence without previous and explicit warning, in the form either of a reasoned declaration of war or of an ultimatum with conditional declaration of war.

ART. 2. The state of war must be notified to the neutral powers without delay, and shall not take effect in regard to them until after the receipt of a notification, which may even be given by telegraph. Neutral powers, nevertheless, can not plead the absence of notification if it is established beyond doubt that they were in fact aware of the state of war.

ART. 3. Article 1 of the present convention shall take effect in case of war between two or more of the contracting powers. Article 2 is binding as between a belligerent power, which is a party to the convention, and neutral powers, which are also parties to the convention.

TOPIC III.

LIMITATION OF ARMAMENTS.

What attitude should be assumed in regard to the limitation of armaments?

CONCLUSION.

In view of the evident differences of opinion and difficulties the wish expressed at The Hague in 1907 may be reaffirmed, viz, that the Governments" examine the possibility of an agreement as to the limitation of armed forces by land and sea and of war budgets.'

NOTES.

General. From the days of the saying that "all things are fair in war" there has developed in modern times a very decided opinion to the contrary. Restrictions upon the means and methods of injuring the enemy have been imposed. Many plans for doing away with the evils of war have been proposed.

On August 24, 1898, the Russian Czar caused his minister to hand to the diplomatic representatives at St. Petersburg a rescript which set forth the dangers of increasing armaments, and stated that

To put an end to these incessant armaments and to seek the means of warding off the calamities which are threatening the whole world-such is the supreme duty which is to-day imposed on all states.

Filled with this idea, His Majesty has been pleased to order me to propose to all the Governments, whose representatives are accredited to the Imperial Court, the meeting of a conference which would have to occupy itself with this grave problem.

This conference should be, by the help of God, a happy presage for the century which is about to open. It would converge in one powerful focus the efforts of all states which are sincerely seeking to make the great idea of universal peace triumph over the elements of trouble and discord.

It would, at the same time, confirm their agreement by the solemn establishment of the principles of justice and right, upon which repose the security of states and the welfare of peoples.

On January 1, 1899, in a circular the Czar proposes a program for the conference of the states of the world, placing before the conference as the first object that—

Of seeking without delay means for putting a limit to the progressive increase of military and naval armaments, a question the solution of which becomes evidently more and more urgent in view of the fresh extension given to these armaments; and

Of preparing the way for a discussion of the questions relating to the possibility of preventing armed conflicts by the pacific means at the disposal of international diplomacy.

Toward the realization of the objects he submitted the following subjects for discussion:

1. An understanding not to increase for a fixed period the present effective armed military and naval forces, and at the same time not to increase the budgets pertaining thereto; and a preliminary examination of the means by which a reduction might even be effected in future in the forces and budgets above mentioned.

2. To prohibit the use in the armies and fleets of any new kind of firearms whatever, and of new explosives, or any powders more powerful than those now in use, either for rifles or cannon.

3. To restrict the use in military warfare of the formidable explosives already existing, and to prohibit the throwing of projectiles or explosives of any kind from balloons or by any similar

means.

4. To prohibit the use in naval warfare of submarine torpedo boats or plungers or other similar engines of destruction; to give an undertaking not to construct in the future vessels with rams.

5. To apply to naval warfare the stipulations of the Geneva Convention of 1864 on the basis of the additional articles of 1868. 6. To neutralize ships and boats employed in saving those overboard during or after an engagement.

7. To revise the declaration concerning the laws and customs of war elaborated in 1874 by the conference of Brussels, which has remained unratified to the present day.

8. To accept in principle the employment of good offices, of mediation and facultative arbitration in cases lending themselves thereto, with the object of preventing armed conflicts between nations, to come to an understanding with respect to the mode of applying these god offices, and to establish a uniform practice in using them.

RUSSIAN PROPOSAL, 1899.

77

The result of the discussion of the subject of limitation of armaments at the First Hague Conference, in which 26 states participated, was the passage of the following resolution:

That the restriction of military budgets which are at present a heavy burden on the world is extremely desirable for the increase of the material and moral welfare of mankind,

And a wish

That the Governments taking into consideration the proposals made at the conference might examine the possibility of an agreement as to the limitation of armed forces by land and sea and of war budgets.

During the Conference of 1899 various propositions in regard to limitation of military budgets and of military forces were considered and argued. The subcommittee having the investigation within its field reported:

1. That it would be very difficult to fix, even for a period of five years, the number of effective forces, without at the same time regulating other elements of the nati nal defense.

2. That it would be no less difficult to regulate by an international convention the elements of that national defense which was organized in each country according to very different views. (Conférence Internationale de la Paix, 1899, Pt. I, p. 84.)

The Russian proposal to maintain the status quo of armaments of 1899 could not be adopted. Indeed, the difference of opinion on this matter at one time threatened the continued existence of the Conference itself.

There was a general agreement that the limitation of armament should be the subject of a profound study on the part of the states of the world.

Between the Conference of 1899 and that of 1907 there was much discussion of the problems of increasing armaments. The matter received attention in the parliaments of many states.

The subject was again brought up at the Conference of 1907, but not by Russia, whose delegate in the course of an extended address, and referring to the Czar's proposition for limitation of armament of 1899, said that "the contact with reality quickly disclosed that the noble thought of the Czar had concealed practical difficulties

when it was tested in practice." (Deuxième Conférence de la Paix, Tome I, p. 94.)

The Conference of 1907 confirmed the resolution of the Conference of 1899 and recommended that the Governments resume the serious examination of the question of limitation of military expenditures.

First Conference at Hague, 1899.-The Russian proposition of 1898 for the limitation of armaments by conventional agreements was not the first Russian proposition to this effect. After the Napoleonic war Alexander I had indorsed the idea of a limitation of the forces of European States. The Hague Conference of 1899 was sitting at a fortunate time to consider disarmament, as was pointed out by the chairman of the first commission which was entrusted with the consideration of the question of disarmament, limitation of budgets, etc.

Questions arose in regard to the basis of limitation. Should the basis be the number of the forces, the budgets or a combination of these elements? How should the figures be determined and verified? Should the status of the armed forces at the time serve as a basis? Questions of valuation of naval and land forces might be difficult. Colonial forces and defense might add to the complications.

After some of the more special items of the program of the Czar had been discussed the commission entered upon the consideration of the questions relating to limitation of armaments.

At this time M. Staal, the Russian delegate, who was president of the First Hague Conference, explaining Russia's attitude, said in addressing the president of the committee:

Monsieur le Président, je tiendrais à ajouter quelques mots aux paroles si éloquentes que vous venez de prononcer; je voudrais préciser la pensée dont s'est inspiré le Gouvernement russe et indiquer en même temps les étapes par lesquelles a passé la question qui nous occupe.

Dès le mois d'août 1898, le Gouvernement russe a invité les Puissances à rechercher, dans la voie de la discussion internationale, les moyens les plus efficaces de mettre un terme au développement progressif des armements actuels.