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Between countries, as within them, there exists government which, while of the highest type, is yet of an anomalous order. International law is the code under which this government of the family of nations operates. Ages ago the dominating principle that existed among barbaric tribes was one of selfishness, the principal purpose of each petty king being to despoil his neighbor. Thus warfare was rampant. When government was evolved with the growth of civilization more altruistic ideas began to prevail both among individuals and nations. Certain rulers saw that it was to their advantage to ally themselves with neighboring governments; peace was better than war. This led gradually to confederations, and later, to great republics and empires. We see in the coalition between the Grecian states against Xerxes' hordes of Persians this idea of common protection. Later, Rome gathered to itself the countries of the world. Then came the influence of Christian teaching to ameliorate barbaric conditions. These drifts in governmental life indicated the eventual trend toward more perfect fraternity and altruism. In these crude agreements and treaties we see the tendency toward the more complex system of international law as we know it to-day. By law one understands a rule or mandate enunciated by a power able to enforce its orders. In the strict sense of the word there can be no international "law," for, the enforcement of such laws presupposes a sovereignty above all governments subject to this law, to enforce it. Of course this does not exist, and in as much as every country is jealous in the extreme, of its rights of independence and sovereign power, submission to the law by offenders is the only method of enforcement save by war. Yet in this late day commerce, the interests of trade and the interchange of citizenship between different countries, have united the most enlightened nations into a family. In this imaginary family laws are self imposed, Governments, and through them their citizens, simply agree to preserve certain fundamental principles laid down and understood, as beneficial to all mankind. All sorts of sources are tapped to make up this body of law. Common-custom agreements between nations such as treaties, protocols, etc., conventions between nations, called to frame rules for international government, resolutions by peace congresses, and the like, all give to this law certain anthority. In custom we see embodied the ideas of equity. If armies and navies must go to war, let it be done in as humane a manner as possible. Custom also dictates a general Christian spirit. Where certain nations agree to do or not to do certain things by treaty, these agreements eventually have some force and influence in similar directions, with other nations. Where conventions of public spirited people or delegates, from different nations meet, empowered to draft rules for general conduct, great weight is carried. Thus we see the flag of truce recognized generally between the armies of combating nations. Through this growth of a more kindly spirit we see better treatment of prisoners and the recognition of the Red Cross of the hospital corps. All nations likewise concur in numerous laws which are for the good of all. In this category falls the law that pirates are the foe of all mankind and shall be punished by death. No immunity is enjoyed by a pirate even if protected by a nation's flag. Naturally agreements or treaties between nations are expected to be observed, else they would not have been made. These agreements upon proper authority, become an integral part of the law of the signatory nations. It is the duty of each nation which is a party to the treaty to obey it to the letter, to abrogate temporarily any of its laws which come in conflict with the compact, and to compel its citizens to uphold it. Thus two nations may make tariff agreements which bind them alone; or they may agree to deliver up certain malefactors, such as murderers and other criminals. In extreme cases of breach of treaty, war is the alternative to protect the injured country's rights. Conventions occasionally are held by representative men of civilized nations, to discuss conditions of the nations of the world. Present at these conferences, if they are of importance, are men delegated by governments, many of them in power to draft laws favorable to their particular countries. Thus, certain rules have been laid down for all nations which are beneficial to each alike, as in time of war. These rules can be broken only on penalty of severe punishment of the one guilty of the violation. Some of the international laws that have been drafted and held obligatory on civilized nations include the recognition of the flag of truce and the hospital flag referred to. Others drafted have ruled that during war shipping of neutral countries shall not be molested; that privateering shall be abolished; that blockades, to be binding, must be in fact, and must be maintained by a force large enough to prevent access to the enemy's ports, and that murderous methods of warfare shall not be permitted. Naturally, tribunals must exist to enforce the rules of international conventions and treaties. Since international law enters into the body of the law of a land, its higher courts generally interpret it. Thus, in the United States the Supreme Court is the adjudicator of disputes over the law and in England the High Court of Admiralty generally acts. In order to be properly represented in the various countries of the world each government appoints diplomatic and consular forces to be present all the time in the principal capitals and cities of the other nations. An ambassador or minister is an official appointed directly by the chief executive of a country, to the court or head of the government of another nation. Generally these appointments are confirmed by legislative bodies. These men look after the interests of their sovereign or country, in the foreign state, the diplomatic agent taking care of governmental conditions, arranging treaties, etc., and the consular service taking note of commercial conditions and reporting them to the home country for the benefit of merchants and traders. The peculiar position of these officials abroad has laid down another law between nations that renders them and their families, houses, and public records inviolable in time of strife between countries. From this courtesy allowed by one sovereign power to another, there has grown up a fictitious notion that the sovereignty of a country follows its flag, and that, temporarily, the ship of a country floating its flag in a foreign port, or a diplomatic or consular residence, is actually the land of the country whose flag is flown. Such of course is not the case, but by agreement, ships and officials are given time to leave a country unmolested and in safety, even after war has been declared. The duties of these officials are of great importance and of great variety. The ministers often assume the duties of the consuls, and the consuls or agents of one country sometimes assume the duties of consuls or representatives of another country, when the latter's officials have to abandon their places because of war. The consul looks after the prosperity of his country from abroad, sending reports that will show merchants the best way to meet competition in the country to which he is accredited. Arbitration, mediation and intervention are the methods by which disputes between countries are often brought to an end. Countries are very jealous of their sovereign powers and seldom permit of interference of third parties in their troubles. Yet, sometimes, third parties step in to suggest a cessation of warfare when the struggle is carried to a great and cruel extreme. Nations have to resort sometimes to war too clear the atmosphere of disturbances. It is the only way where combatants will not arbitrate. Often, however, even after war, the warring nations will suggest committees to meet and arbitrate the questions at issue for them. This is generally done by each country appointing one party and these choosing a third, the decisions, of the joint body being accepted. Some great disputes have been settled in this manner. Sometimes a nation watches an unequal struggle between two powers, too long protracted. Then it may offer its good services between the struggling contestants in the hope of settling the disturbance. This is called mediation and, generally, is not unkindly received, even though it is refused. The third form of intervention is where a powerful nation simply steps in, takes matters in its own hands and enforces peace. This is intervention, such as the United States used in the war between Spain and Cuba. This method is seldom resorted to. One of the most notable conventions for international law framing was that called the Peace Conference held at The Hague, at the instance of the Czar of Russia, in 1899. Here the question of universal disarmament was discussed with the view to universal peace. The nations were by no means willing to disarm themselves. One agreement arrived at, however, was for a permanent peace or arbitration board for the settlement of all disputes between the signatory powers. Any of these nations which was a party to the agreement may now feel fully authorized to step in and ask for a cessation of hostilities, although such action on the part of the United States government in the late war between Great Britain and the South African Republics was not well received. POLITICAL ECONOMY |