The material in this section is arranged according to the system employed in the annual Digest of United States Practice in International Law, published by the Department of State.

The material in this section is arranged according to the system employed in the annual Digest of United States Practice in International Law, published by the United States Department of State.

There is virtual silence in the history of the international labor movement on the technique of preparing international labor conventions both before and at the Peace Conference. The developments of the last fourteen years in this field must, therefore, be listed as an unexpected evolution in international coöperation. It should have been easy to see at the end of the first International Labor Conference in 1919 that the methods of preparation were defective. That the Organizing Committee of 1919 should not have had adequate information on world labor conditions is understandable; but what is not understandable is that there was scarcely any consciousness of the magnitude of the problem before the International Labor Organization in drafting suitable labor conventions.

The first two paragraphs of Article 5 of the Covenant of the League of Nations provide:

All matters of procedure at meetings of the Assembly or of the Council, including the appointment of committees to investigate particular matters, shall be regulated by the Assembly or by the Council and may be decided by a majority of the members of the League represented at the meeting.

Recent events in the international monetary system culminating in the decision of the United States, announced on August 15, 1971, to suspend the convertibility of the dollar induce the international lawyer to ask once again what contribution sanctions can make to respect for international law and the effectiveness of multilateral treaties. This question has been a practical problem at two stages in the development of the International Monetary Fund. It arose first during the negotiation and drafting of the original Articles of Agreement which were adopted at the Bretton Woods Conference in July 1944. The second stage was the negotiation and drafting of the amendment of July 28, 1969, which dealt mainly with the legal structure of special drawing rights as a supplement to existing reserve assets. It is now apparent that there will be a third stage, in which a reform of the international monetary system, perhaps in some of its most fundamental aspects, will lead to a further amendment of the Fund's charter.

Every satisfactory definition of law implies a sanction. Some penalty must be imposed upon a law-breaker, to be exacted, in the last resort, by external power. Force, therefore, is vital to law as it is to war, though normally it plays a less obvious part. A felon who is brought up for trial, condemned, and sent to prison, is induced by force, or by the fear of force, to submit to the court and to punishment. The policeman and the warder are the instruments of external power by which he is constrained to obey.

Force also supplies the most important incentive for securing obedience to law. It is true, as Maine pointed out, that for every man who keeps the law through conscious fear of punishment, there may be hundreds who do so as it were instinctively, and without a thought on the subject. But while this law-abiding spirit, which is characteristic of large sections of a modern community, owes its origin to a number of causes, perhaps the most potent of all has been the enforcement of law through long ages in the past.

In these days of wars which have engulfed almost all Europe it is a satisfaction to recall that thirteen nations sent their delegates to an international conference relating to safety of life at sea, no longer ago than December, 1913, and that they signed on the 20th of January, 1914, a convention which has been adopted by many of the nations and which was transmitted to the Senate of the United States by the President on the 17th of March. All the resources of human skill and science are now being used to destroy life. It is a pleasure to reflect that man has at one time been engaged in a more humane and, shall we not add, a more Christian undertaking.

The Chinese Empire conveniently dates from 221 B.C., when the King of Ch’in coined the title which has since served for Emperor, and with considerable justness designated himself The First Emperor. Conqueror though he was, he left much still to be done in the process of consolidating under one imperial sovereignty all the kingdoms and tribes of the area which is now north and central China. During the pre-imperial era, intercourse among the rulers of the independent units naturally had a customary pattern, an Asiatic analogue to the rudimentary interstate law of the Greek city states. Two bloody centuries preceding The First Emperor have left much martial romance and philosophy both militant and pacifistic, but meager history. From a relatively quiet earlier period, 722-481, however, the classic annals transmit an abundance of critically acceptable history in palpable detail, with interstate incidents suitable for the purpose of case studies. This paper is limited to the first twenty years of that period, the earliest possible for its purpose, which is to induce interstate custom solely from episodes credibly recorded in Chinese classics. Only a few illustrative cases are quoted here, but all the generalizations rest wholly upon case studies unless specifically noted otherwise.