35 Yale Law Journal 248 (1925)
This is an essay of diagnosis, protest and warning against the present international order, its organization, its principles and its policies. It offers suggestions of a solution for the amelioration or avoidance of the conflict, open or incipient, which international relations of the present day make, in the author's view, inevitable. The author assumes the premise that in international relations the rule of the jungle more or less prevails; that in time of war law is set aside and that the growing destructiveness of the weapons of war, with the growing contempt for established legal doctrines protecting the rights of neutrals and non-combatants, threaten the existence of civilization itself. The old state craft, she says, must go. Her suggested solution is to establish a "commonage of the sea and air" by which the sea and the air shall be free from appropriation or attempted appropriation by any power in time of peace or war, and that the area of war shall be confined strictly to the territory or waters of the belligerents. War should no longer be conducted on the high seas or in the air, which shall be under the control of all the nations, particularly neutrals. Neutrals shall have a certain right of asylum and shall be unmolested on the seas and from the air. This she believes-by confining the conflagration, if it comes, to narrow limits-would stifle war in short order. She deprecates the increasing power which belligerents have arrogated to themselves and which the neutrals seem to have tolerated. She is very positive in her prediction of future wars and of the devastation they will effect.
Date of Authorship for this Version
Borchard, Edwin, "Book Review: Dominion of Sea and Air" (1925). Faculty Scholarship Series. Paper 3682.