In this essay attention is drawn to the appearance in many commercial treaties as well as in several recent multilateral agreements of the term “non-discriminatory treatment” next to or in place of the well established formula of the most-favoured nation treatment. Although apparently similar in wording and purpose—a guarantee of non-discrimination—the principle of non-discrimination covers much more ground than the obligation of most-favoured nation treatment. The beginnings of this mutation in commercial treaty law go back as far as the early thirties when quota systems and foreign currency regulations made their appearance, and the treaty terms had to be adapted to these new situations in order to assure “fair proportionate shares”, “fair and equitable treatment”, etc. This transformation and partial elimination of the m.f.n. clause occurred at a time when negotiations on tariff-reductions became more and more difficult, due to the refusal by countries maintaining a highly developed negotiable tariff system to grant duty reductions gratuitously, as well as to the attitude of other protectionist countries claiming unconditional m.f.n. treatment without being disposed to lower their own high import duties. As one author rightly observed: the m.f.n. clause was being made the scapegoat of what really was the failure of economic policies.

La conception très répandue, voire mêrae classique, que Grotius est le père du Droit des Gens, n'a pas empêché la science de ce droit, tout en proclamant que Grotius est à sa base, de s'éloigner singulièrement de lui, et ceci au sujet de matières très importantes. Cette évolution de la science trouve sa contrepartie dans le fait que l'évolution du droit international lui-même semble obliger la science à retourner vers son fondateur.

Even apart from unforeseen political possibilities in the future, prize law remains a part of international law of continuing interest because more than have various other sections it has developed an abundance of acute legal distinctions and juridical thinking as well as a sense for realities. A valuable examplo may be found in the judgment delivered by the Judicial Committee of the British Privy Council (12th January 1953), confirming in appeal Lord Merri-man's decision (in Prize) in the case of Schiffahrt Treuhand G.m.b.H. The case presents several points of fundamental importance.

The problem of the autonomy of the parties to international contracts has gained particular interest for the Netherlands because the Draft for a uniform conflicts law for Belgium, the Netherlands and Luxemburg and the Draft-Convention on the law applicable to international sales of goods have proposed certain solutions of this problem. The author presents this problem afresh for discussion. In the first place he summarizes the theories on the choice of law in regard to international contracts. He begins with the theories which make the freedom of the choice of law dependent upon that national legislation most closely related to the contract by factual connection. Then he discusses English doctrine and judicial decisions. Finally he deals with the view of those who recognise the choice of law as an independent connecting factor. The question, however, must be asked whether the theoretical basis of the various points of view is indeed as controversial as is generally believed. Furthermore it is possible to attempt to apply methods which are familiar from municipal law.

The International Court of Justice, in its two successive guises, has on several occasions already had to deal with cases in which its own jurisdiction in the dispute brought before it was at issue. In nearly every instance when its jurisdiction to take cognizance of the merits of a case was challenged, the proceedings were divided, according to a provision in the Court's Rules of Procedure now embodied in Article 62, into a preliminary and a final phase, although such a division is not obligatory in the sense that the defendant party retains its freedom to raise its objections to the Court's jurisdiction not as a preliminary but simultaneously with its defence on the merits.

La Septième Session de la Conférence de La Haye de Droit International Privé avait élaboré, en 1951, quatre projets de conventions, notamment:

1. Le projet de convention sur la loi applicable aux ventes à caractère international d'objets mobiliers corporels;

2. projet de convention concernant la reconnaissance de la personnalité juridique des sociétés, associations et fondations étrangères;

3. projet de convention pour régler les conflits entre la loi nationale et la loi du domicile;

4. projet de convention relative à la procédure civile.