International Law

conference, war, following, neutral, sea, rules, contraband and capture

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Among the writers who have followed Grotius, the following are deserving of mention as having contributed something of precept or enlightenment to the sub ject: Pufendorf, 1632-1694; Bynkershoek, 1673-1743; Vattel, 1714-1767; Wheaton, 1785-1848; Kent, 1763-1847; and more recently, the following: NV. E. Hall, T. J. Lawrence, L. Oppenheim, A. P. Hig gins, Englishmen; and J. B. Moore, G. G. Wilson, and T. D. Woolsey, Ameri cans.

Among the most important subjects dealt with by International Law may be mentioned the following: The rights and pTivileges of the sub jects of one country residing in another country.

The rights and pri vileges of Ambassa dors, Envoys and Consuls.

The Extradition of criminals.

Rules of Commerce and Navigation.

Rules for international postal systems.

Rules of Land and Sea Warfare; in cluding neutral and belligerent rights and responsibilities, blockade, visit and search, contraband of war, immunity of hospitals, ambulances, etc.

The most important advances in In ternational Law since the days of Gro tius have come about through interna tional conferences, of which many have been held during the last three-quarters of a century. The most notable of these are the following: The Peace Conference following the Crimean TVar.

This Conference appended to the treaty of peace a declaration known as " The Declaration of Paris " in which the following important principles were adopted by the signatory powers and proposed for acceptance by the world.

(1) Privateering is and remains abol ished.

(2) A neutral flag protects enemy goods from capture on the sea, except contraband of war.

(3) Neutral goods under an enemy's flag are not subject to capture at sea, except contraband of war.

(4) A Blockade to be binding must be effective.

The United States refused to accept the Declaration of Paris, not because of any objection to its provisions, but be cause provisions (2) and (3) did not go far enough. The historical American policy has always favored the complete exemption from capture of private prop erty on the sea, whether belonging .to neutral or enemy subjects, always with the exception of contraband of war. Thus the immunity granted by the Dec laration of Paris to enemy property only when under a neutral flag was not ac ceptable. The doctrine that all private property except contraband is immune from capture at sea is the doctrine, much talked of and little understood, of "The Freedom of the Seas."

II. The Geneva Conference of 1864.

This was a conference assembled to formulate rules for ameliorating the con dition of the sick and wounded in time of war. It agreed upon a series of rules which, with some extensions grow ing out of later conferences, have been accepted by all civilized nations. Out of this conference came the "Red Cross" organization with its widely varied ac tivities covering practically the whole world and with its sign, a red cross on a white ground, which is supposed to protect hospitals, ambulances, etc., with their operating staffs. The viola tions of the Red Cross flag are among the most barbarous of the acts of Ger many during the World War.

///. The First Hague Conference, 1899.

This Conference called upon the initia tive of the Czar of Russia for the con sideration of certain large questions of International Law and relations adopted three conventions, dealing with: (1) The creation of an International Court of Arbitration for the settlement of international disputes without re course to war.

(2)Revision and improvement of the Laws of War on Land.

(3) The adaptation of the rules of the Geneva Convention to warfare on the sea.

/V. The Second Hague Conference, 1907.

This Conference revised, extended and confirmed the work of the First Hag,ue Conference and took up a large number of new questions among the most im portant of which were: (1) The rights and duties of neutral states in time of war.

(2) The use of submarine contact mines.

(3) The bombardment of undefended places by Naval forces.

(4) The establishment of an Interna tional Court of Appeal for Prize cases. New principles and practices in Inter national Law are frequently established, either temporarily or permanently, by the acts or declarations of a single gov ernment. It is interesting to note that the United States has in a number of important instances assumed leadership of this character, and always along lines of enlightened liberality and unselfish ness. The following are among the most notable cases of this kind: The proclamation of neutrality as between Great Britain and France issued by Washington in 1793 con stituted a new epoch in the usages of nations and has since been adopted as a model by all other gov ernments. The Monroe Doctrine of 1820 has protected the weak repub lics of this continent against the monarchial governments of Europe for a hundred years.

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