their theory demanded, although exception should be made in some of the Civil war cases. So long as international law has to be applied by national tribunals it can not but be warped by its proximity to considerations of policy and the inevitable partisanship of officers, who owe a primary duty to one of the litigant states.

DIVISION OF POWER BETWEEN STATE AND NATIONAL GOVERNMENTS

The division of power between the state and national governments has at times resulted in an inability to perform obligations required by international law. The state governments, not having international relations, and not feeling the pressure of international public opinion, cannot be relied on to enforce duties of international law. It would seem, however, that under the constitution the national government may exercise all powers necessary to make treaties and obligations of international law effective. The difficulty lies in the failure of congress to act, rather than in a constitutional impossibility.

The United States has provided in its municipal law for the enforcement of numerous rules of international law. How completely the field is covered we will not venture to assert. To define exactly what obligations are actually imposed by international law at any particular time is almost impossible. The field of international law is constantly growing. Matters yesterday considered entirely internal today entail international responsibility and are regulated by international law. Judicial and administrative officers must therefore take continuous cognizance of the development of international law to insure that they apply it in appropriate cases, so far as compatible with their duties as national officers; and congress must be constantly on the lookout for new international duties which require supplementary legislation to be made effective. The failure to provide such necessary municipal measures does not relieve the state from international responsibility if a breach of international law should occur.

IMPORTANCE OF MUNICIPAL ENFORCEMENT OF INTERNATIONAL LAW

The municipal enforcement of international law is a matter of great importance from the standpoint both of international law and of national policy. There are no administrative or judicial authorities with coercive power except those of territorial states. The growth of international unions and admin

istrative organs has been rapid in the last few years, but such bodies still rely on states for effectiveness. Power is essential to effective sanction15 and power is still controlled by states exclusively. Rules of international law can not, therefore, be effective unless enforced by state authorities as municipal law.16 National policy likewise dictates the provision of municipal measures for enforcing international obligations. Since the Alabama claims arbitration it has been clear that lack of such laws will not relieve the state from responsibility. Liability to indemnity, reprisal or war can only be avoided by a strict observance of international duty, and this observance can in many cases be assured only by adequate provisions of municipal law.

15 Robert Lansing, Notes on Sovereignty in a State, Am. Jour. Int. Law, 1;105-128, 297-320, emphasizes the importance of physical power in the sanction of law.

16 Though not incorporated into municipal law, rules of international law may be law in the sense of being rules of great authority generally observed. They would occupy the position which Maine assigns to the Brehon laws of ancient Ireland. "The Law of Distress was clearly enough conceived by the Brehon lawyers, but it depended for the practical obedience which it obtained on the aid of public opinion and of popular respect for a professional caste. Its object was to force disputants to submit to what was rather an arbitration than an action, before a Brehon selected by themselves, or at most before some recognized tribunal advised by a Brehon." Sir H. S. Maine, Early History of Institutions, p. 286. See also ibid. pp. 52, 252.

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