No problem which confronted the Lausanne Conference contributed more to its difficulties than that of “ the capitulations.” For almost four hundred years foreigners have enjoyed extraterritorial rights in the Ottoman Empire—rights which are anomalous when regarded in the light of the recognized principles of international law. Extraordinary privileges and immunities have become so embodied in successive treaties between the great Christian Powers and the Sublime Porte that for most intents and purposes many nationalities in Turkey form a state within a state. This regime has come to be known as “ the capitulations”: a code of legal reconciliation founded upon the immiscibility of Christianity and Islam; and a term of art alone descriptive of extraterritoriality in Turkey.

The traditional treatment of international law has almost if not wholly dissociated it from constitutional law. International law has been conceived as concerned only with the abstractions known as states—Platonic ideas, as it were, which could not be seen or felt but had their existence in a world apart, inhabited only by other abstractions such as sovereignty, independence and equality. The extent of a state's territory, the character of its people, or its form of government was no concern of international law.“ Relative magnitude creates no distinction of right, relative imbecility whether permanent or casual, gives no additional right to the more powerful neighbor,” said Lord Stowell. “ Russia and Geneva have equal rights,” repeated Chief Justice Marshall.

It is not too much to say that the municipal law of every civilized state recognizes certain rights as belonging to every individual, including the right to property, the violation of which constitutes a tort. Municipal law also very generally recognizes certain duties as attached to every individual the breach of which, coupled with consequent damages to another, is a tort. Thus, a tort is sometimes defined as a private or civil wrong or injury, and sometimes as the breach of a legal duty.

Slow, but very steady, was the advance of Russia into Siberia. For centuries did the Russians move onward, gradually driving back, conquering or assimilating the Mongolian aborigines. For a very long time Siberia seemed only a vast wilderness and a happy hunting ground for the fur trader and trapper. Later, and mainly on account of its great distance from European Russia, the Siberian country was used by the Tsars for purposes of penal colonization. Thus, there grew up that sad reputation, which clung to Siberia for many generations, of a bleak land of exile, where human suffering attained its very limit. The famous book of George Kennan, Siberia and the Exile System, helped much to popularize these ideas, bringing home to the outside world the worst sides of the former autocratic régime of Russia.