Edwin Borchard

TREATIES AND EXECUTIVE AGREEMENTS-A REPLY

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THE DECLARATORY JUDGMENT-A NEEDED PROCEDURAL REFORM

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State Indemnity for Errors of Criminal Justice

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Contractual Claims in International Law

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The Various Meanings of International Cooperation

most anything. They are used very often in tendentious or ambiguous ways, designed to apply to a particular moment or problem, but inducing disagreement rather than concord and understanding. When the word &dquo;sovereignty&dquo; is used in connection with &dquo;international cooperation,&dquo; it may be from the point of view of the person who wishes to prove that any attempt to engage in a multilateral association for political or economic purposes undermines something that he regards as fundamental, which he calls &dquo;sovereignty.&dquo; Or on the other hand, the persons who are interested in taking the United States into the League of Nations will charge that one who disagrees with them is opposed to all international co6peration, that he is an &dquo;isolationist,&dquo; or any other epithet that seems useful. They say he so strongly believes in national sovereignty that he is utterly hostile to international cooperation. With those two emotional currents, of

The Citizenship of Native-Born American Women Who Married Foreigners Before March 2, 1907, and Acquired a Foreign Domicile

For a long time it has been asserted by the Department of State and to a more limited extent by the Department of Labor that a native-born woman who married a foreigner prior to March 2, 1907, and thereupon acquired a foreign matrimonial domicile, lost her American citizenship. The legal validity of this conclusion is open to serious question. It does not rest on statute, nor even on clear judicial authority. It appears primarily to be an Executive determination, apparently relying upon the view that when the woman marries a citizen of a country with which the United States has a naturalization treaty, and by the municipal law of his country acquires his citizenship therein, that the marriage constitutes a form of naturalization and that the treaty requires the United States to recognize it as such. The Immigration and Naturalization Service of the Department of Labor has taken the view that there is no loss of citizenship by virtue of marriage of an American woman to an alien prior to March 2, 1907, unless the following elements are present:

Present Status of International Law

come appendages or satellites of the larger states in geographical proximity. The doctrine of the equality of states, though preserved in the Preamble of the Charter,4 is honored in the breach. That the new policy is expensive and calculated to break the resources of any nation is evidenced by the President’s proposal of the Marshall plan, which supposedly is designed to cost the United States five billion dollars a year for four years. Since the veto power makes it impossible for the U.N. to take action against one of the five great pow-

LAUTERPACHT, H. An International Bill of the Rights of Man. Pp. x, 230. New York: Columbia University Press, 1945.

fulfill such a function. Since it is the author’s purpose to expand international law (1) by serving to induce all states to include a bill of political rights and economic claims in all state constitutions (a bill of rights is in some fifty constitutions now, mostly unenforced), and (2) to supervise the enforcement of those rights by collective action, he feels impelled to find in international law a purpose to protect the individual against state imposition. His intention is undoubtedly praiseworthy, and he has seen, as have few

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Sec. 6: Relief by declaratory judgment or decree may be granted in all civil cases where an actual controversy exists between contending parties, or where the court is satisfied that antagonistic claims are present between the parties involved which indicate imminent and inevitable litigation, or where in any such case the court is satisfied that a party asserts a legal relation, status, right, or privilege in which he has a concrete interest and that there is a challenge or denial of such asserted relation, status, right, or privilege by an adversary party who also has or asserts a concrete interest therein, and the court is satisfied also that a declaratory judgment or decree will serve to terminate the uncertainty or controversy giving rise to the proceeding. Where, however, a statute provides a special form of remedy for a specific type of case, that statutory remedy must be followed; but the mere fact that an actual or threatened controversy is susceptible of relief through a general common law remedy, or an equitable remedy, or an extraordinary legal remedy, whether such remedy is recognized or regulated by statute or not, shall not debar a party from the privilege of obtaining a declaratory judgment or decree in any case where the other essentials to such relief are present; but proceeding by declaratory judgment shall not be permitted in any case where a divorce or annulment of marriage is sought.2

Pennsylvania’s Clarifying Amendment for Declaratory Judgments

essay style in which Englishmen habitually write about general political matters, and the inundating exhaustiveness of, for example, Lord Passfield, Dr. Finer has produced a textbook which would be the book-of-the-month in any literary guild of the political scientists. English local government is a mazethe product of a people congenitally disorderly in governmental affairs. For sheer ponderousness and unwieldiness, it is equaled nowhere save in the United States. Dr. Finer is not intimidated by this complexity. To quote from his preface: &dquo;Too often, indeed, the way of simplicity in the Social Sciences, whether for exposition or reform, is misleading; and it is better to avoid taking that road unnecessarily.&dquo; So the book is not a sugar-coated simplification of a complex reality. On the other hand, Dr. Finer’s knack of happy phrasing carries one readily through even the dullest parts of the local scene. The book is divided into five parts. Part I is pure political science-the nature and problems of local government. Part II deals with areas and functions. To Americans, this is probably the most interesting part of the treatise. The criteria of an area for local purposes which he lays down should clarify a good deal of foggy thinking and writing which has been going the rounds in this country in recent years, when applied to concrete situations. Part IV deals with the actualities of the centrallocal relation. Here, for the first time, central administrative supervision is presented in terms which are clearly to be understood. The details of supervision in the fields of poor relief, public health, roads, education, and police are compactly set down. This section matches admirably Wells’ chapter on administrative supervision in Germany, and has the added advantage of more detail regarding actual technique. Both studies, taken together, form an excellent background for American students interested in this important phenomenon of contemporary local government. Section V deals with finance. The