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A Documentary History of the Campaign to Create the American
Institute of International LawThe American Institute of
International Law was established in 1912 by James Brown Scott and
Dr. Alejandro Alvarez, a distinguished Chilean international
lawyer. It aimed primarily to foster better relations between the
United States and Latin America. Active until 1938, it submitted
several recommendations concerning international organizations,
including 30 draft projects to the Pan American Union, which placed
27 of them before the International Commission of American Jurists
for the Codification of International Law. Among the subjects were
statehood, aliens, law of treaties, diplomatic and consular agents,
neutrality at sea, asylum, duties of states in the event of civil
war, and the peaceful settlement of disputes. No less than thirteen
of these drafts were incorporated into the codifications produced
by the Commission. This volume documents the campaign to create the
American Institute of International Law and reproduces the original
proposal and the principal documents leading to the creation of the
Institute. In a broader sense, it offers an interesting legal
perspective on the history of inter-American relations and the
period when international lawyers began to influence the direction
American of foreign policy.James Brown Scott 1866-1943] played a
leading role in the establishment of public international law from
the 1890s to the 1940s. The author of over 1,000 books and
articles, he was a professor, administrator, editor, public
lecturer, as well as a lawyer, diplomat and an advisor to seven
presidents, ten secretaries of state and several foreign
governments. He was also a tireless organizer. In addition to his
leading role in the creation of American Institute of International
Law, he helped to establish the American Society for Judicial
Settlement of International Disputes and the American Society of
International Law (ASIL)."Before Dr. Scott began his crusade,
international law as a science had barely emerged from the
cloister; indeed, not so many years before it had been taught in
connection with theology. The subject is now included in the
curricula of many colleges and universities and of the larger law
schools in the United States. Specially qualified professors, in
the larger institutions more than one, devote their whole time to
teaching it. The classes are numbered by the hundreds and the
students by the thousands. No statement made by informed leaders of
opinion in this and other countries has been or can be made
regarding the restoration of peace and order in the world without
basing their hopes upon the foundations of international
law."George A. Finch, "James Brown Scott, 1866-1943," American
Journal of International Law 38 (1944) 217. 38 Am.
Study of Vitoria by a leading figure in twentieth-century
international law. Originally published: Oxford: Clarendon Press,
1934. 19a, 288, 6], clviii pp. Francisco de Vitoria c.1483-1546]
was a founder of international law. Scott holds that Vitoria's
doctrines, popularized in his important Reflectiones, De Indis
Noviter Inventis and De Jure Belli (the text of these are included
in the appendix), are in fact the first works to address the law of
nations, which was to become the international law of Christendom
and the world at large.
Vitoria held that pagans were entitled to freedom and property,
declared slavery to be unsound and upheld the rights of Indians. He
also questioned the legitimacy of Spain's recent conquest of the
New World. This was the source of his thesis that the community of
nations transcends Christendom.
One of the greatest figures in modern international law, James
Brown Scott 1866-1943] was the guiding force behind the American
Society of International Law, and was editor-in-chief of the
American Journal of International Law. He played a key role in
several important diplomatic conferences and was secretary of the
Carnegie Endowment for International Peace. His books include The
American Institute of International Law: Its Declaration of the
Rights and Duties of Nations (1916), The Catholic Conception of
International Law (1934) and Law, The State and the International
Community (1939).
This is an EXACT reproduction of a book published before 1923. This
IS NOT an OCR'd book with strange characters, introduced
typographical errors, and jumbled words. This book may have
occasional imperfections such as missing or blurred pages, poor
pictures, errant marks, etc. that were either part of the original
artifact, or were introduced by the scanning process. We believe
this work is culturally important, and despite the imperfections,
have elected to bring it back into print as part of our continuing
commitment to the preservation of printed works worldwide. We
appreciate your understanding of the imperfections in the
preservation process, and hope you enjoy this valuable book.
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