benefit of all. Inventive genius and scientific research have revealed possessions and resources, instrumentalities and forces before unknown, by means of which the welfare of all may be promoted. Some of these are by nature incapable of monopoly or exclusive appropriation and therefore the general property of all nations as tenants in common. So far as now known the most important of these are: I. The Sea, with all that it contains and that lies beneath it, almost three fourths of the whole surface of the earth. 2. The Air, which blows over land and sea from nation to nation, on the purity of which all creatures depend for life. 3. The unseen natural forces which bind together the most remote parts of the earth and may be used for the transmission of intelligence or converted into light, heat or power. 4. The inspirations, revelations and ideals that have been vouchsafed to favored ones for the uplift of the whole race of man. THE SEA The ancients made no claim to dominion over the ocean. To them it was a limitless expanse of unknown terrors and offered no temptation for conquest. In modern times ambitious nations seek mastery of the sea, but the accepted doctrine of international law has been and is that all nations have equal rights away from the coast and interior waters, and may freely sail wherever they will on the open seas. This general doctrine by no means disposes of all the questions relating to the uses of the sea. The more important of these relate to: I. Navigation. 2. Fisheries. 3. Telegraphs: cable and wireless. 4. The bed of the sea and ocean products other than fish. 5. Sanitation. Manifestly the use of common property must be regulated by the owners of it. If these include all the nations of the earth, then it requires the action of all the nations to prescribe the rules which are to govern its use. Recent occurrences have disclosed the painful inefficiency of international law, and even of treaties and conventions relating to it. The necessity for intelligent legislation by a body representing all the nations and authorized to make binding laws and enforce them against dissenting minorities is apparent. But the greatest need is not of mere rules regulating the conduct of those who use the seas. There are many enterprises needing the combined support of all the nations which require organization and direction by representatives of all. NAVIGATION At present the most important use made of the ocean is as a highway for the navigators, their ships and cargoes. Each ship must have its national character obtained in accordance with the laws of the country of its owners, and must display the flag of its country. This character is established by registry in accordance with the laws of the country granting the registration, and a certificate in due form by the registration officer. To obtain registration as a vessel of the United States, proof must be made that the owner is a citizen of the United States, or if owned by a corporation that the president and managing directors are such citizens, that the corporation is organized under the laws of the United States or a state thereof, and that the master and officials of the vessel are also citizens of the United States. The provisions of the statute governing registration, transfer on sale, measurement, change of master or of name of the vessel and to meet exceptional cases with reference to the citizenship of owners or officers are very full. The registry is made by the collector of the district of which the owner is a resident, who may issue a sea-letter certifying to the ownership of the vessel. Each nation determines for itself the conditions under which it will allow a ship to use its flag and be accorded the protection of its government. The nationality of a ship is a matter of great importance, for it abides with the ship wherever it sails, and carries with it the laws of its country so far as all on board are concerned. Having been duly registered, before it can depart for a foreign port, a ship must obtain from the collector of the port 2 Compiled Statutes of U. S. (1918) Title XLVIII. $$ 7709, 7720, 7722. 3 Compiled Statutes of the United States, §§ 7707 to 7788. a clearance. To procure a clearance the master of the vessel must deliver to the collecter a manifest of all the cargo on board the same and the value thereof and the foreign port or country in which the cargo is intended to be landed. On payment of all legal fees a clearance is granted and the ship may proceed on its voyage. Though the ocean over which it sails has no nationality and is without government or law other than such principles as all the nations recognize, the ship and all on board it retain their national character and laws, not only while on the open sea but also in foreign ports. The courts of the home port have jurisdiction of all controversies and questions arising on board the ship during its voyage." Though endowed with full national character by a nation at peace with all other nations, the ship is not necessarily secure from interference on its voyage while on the open sea. If other nations are at war, their rights as belligerents may license them to search and seize such goods as are contrabrand of war destined to the enemy country. The ship may not violate a lawful blockade of an enemy port by a belligerent, on pain of capture and confiscation. Notwithstanding all recent efforts to guard the rights of neutrals in time of war, the rights of belligerents are still regarded as superior to those of peaceful neutrals conducting their lawful business. Neutral rights are forced to yield to the exigencies of war and the expediencies of naval commanders. The great war has demonstrated the inefficiency both of international law and treaties and conventions as protection to neutral shipping in time of war. The merchant ships of belligerents are of course at all times exposed to capture or destruction by the enemy. The need of definite, clear and positive rules, strictly enforced, is not confined to times of war or limitation of the acts of belligerents. Vessels of different nationality meet in the ocean routes and lanes of travel in all kinds of weather and under a great variety of conditions affecting their safety. Uniformity of rules governing their conduct and methods of Taylor, Int. Law 307, 308. communicating with each other is manifestly essential to their safety. To obtain this there must be either general agreement of all the nations, or a representative body having power to make rules binding on all. It may not be of prime importance that the rules are the best that could be devised, but it is clearly necessary that there shall be uniform rules known and observed by all. To meet this need international marine conferences have been held from time to time. One held at Washington in 1899 was participated in by the following nations: AustriaHungary, Belgium, Brazil, Chile, China, Costa Rica, Denmark, France, Germany, Great Britain, Guatemala, Honduras, Italy, Japan, Mexico, The Netherlands, Nicaragua, Norway, Portugal, Russia, Siam, Spain, Sweden, Turkey, Uruguay, Venezuela and the United States. The work of the conference resulted in the formulation of rules to be observed by navigators, most of which have been enacted into statutory law by the Congress of the United States, and are as follows: INTERNATIONAL RULES FOR PREVENTING COLLISIONS AT SEA The following regulations for preventing collisions at sea shall be followed by all public and private vessels of the United States upon the high seas and in all waters connected therewith, navigable by sea-going vessels. PRELIMINARY In the following rules every steam-vessel which is under sail and not under steam is to be considered a sailing-vessel, and every vessel under steam, whether under sail or not, is to be considered a steam vessel. The words "steam vessel" shall include any vessel propelled by machinery. A vessel is under way "within the meaning of these rules when she is not at anchor, or made fast to the shore or aground. RULES CONCERNING LIGHTS, AND SO FORTH The word "visible" in these rules when applied to lights shall mean visible on a dark night with a clear atmosphere. Art. 1. The rules concerning lights shall be complied with in all weathers from sunset to sunrise, and during such time no other lights which may be mistaken for the prescribed lights shall be exhibited. Art. 2. (a) On or in front of the foremast, or if a vessel without a foremast, then in the fore part of the vessel, at a height above the hull of not less A steam-vessel when under way shall carry than twenty feet, or if the breadth of the vessel exceeds twenty feet, then at a height above the hull not less than such breadth, so, however, that the light need not be carried at a greater height above the hull than forty feet, a bright white light, so constructed as to show an unbroken light over an arc of the horizon of twenty points of the compass, so fixed as to throw the light ten points on each side of the vessel, namely, from right ahead to two points abaft the beam on either side, and of such character as to be visible at a distance of at least five miles. (b) On the starboard side a green light so constructed as to show an unbroken light over an arc of the horizon of ten points of the compass, so fixed as to throw the light from right ahead to two points abaft the beam on the starboard side, and of such a character as to be visible at a distance of at least two miles. (c) On the port side a red light so constructed as to show an unbroken light over an arc of the horizon of ten points of the compass, so fixed as to throw the light from right ahead to two points abaft the beam on the port side, and of such a character as to be visible at a distance of at least two miles. (d) The said green and red side-lights shall be fitted with inboard screens projecting at least three feet forward from the light, so as to prevent these lights from being seen across the bow. (e) A steam-vessel when under way may carry an additional white light similar in construction to the light mentioned in subdivision (a). These two lights shall be so placed in line with the keel that one shall be at least fifteen feet higher than the other, and in such a position with reference to each other that the lower light shall be forward of the upper one. The vertical distance between these lights shall be less than the horizontal distance. Art. 3. A steam-vessel when towing another vessel shall, in addition to her side-lights, carry two bright white lights in a vertical line one over the other, not less than six feet apart, and when towing more than one vessel shall carry an additional bright white light six feet above or below such light, if the length of the tow measuring from the stern of the towing vessel to the stern of the last vessel towed exceeds six hundred feet. Each of these lights shall be of the same construction and character, and shall be carried in the same position as the white light mentioned in article two (a), excepting the additional light, which may be carried at a height of not less than fourteen feet above the hull. Such steam-vessel may carry a small white light abaft the funnel or aftermast for the vessel towed to steer by, but such light shall not be visible forward of the beam. Art. 4. (a) A vessel which from any accident is not under command shall carry at the same height as a white light mentioned in article two (a), where they can best be seen, and if a steam-vessel in lieu of that light, two red lights, in a vertical line one over the other, not less than six feet |