ALIEN.
The multiplied and very close relations which have arisen between nations in mo dern times, through domiciled or temporary residents, have given rise to the question, What law, in particular cases involving per sonal status, property, contracts, family rights, and succession, shall control the decisions of the courts? Shall it be always the lex loci, or sometimes some other? The answers to these questions are given in private interna tional law, or the conflict of law, as it is sometimes called,—a very interesting branch of law, as showing how the Christian nations are coming• from age to age nearer to one an other in their views of the private relations of men. See CONFLICT OF LAWS.
10. Intercourse needs its agents, both those whose office it is to attend to the relations of states and the rights of their countrymen in general, and those whd look after the com mercial interests of individuals. The former share with public vessels, and with sovereigns travelling abroad, certain exemptions from the law of the land to which they are sent. Their persons are ordinarily inviolate ; they are not 'subject to foreign civil or criminal ,jurisdiction; they are generally exempt from imposts; they have liberty of worship, and a certain power over their trains, who likewise share their exemptions. Only within five centuries have ambassadors resided perma nently abroad,—a change which has had an important effect on the relations of states. Consuls have almost none of the privileges of ambassadors, except in countries beyond the pale of Christianity.
Nations, like individuals, have the rigbt of contracts, and their treaties are subject to the same rules of interpretation and of mo rality which govern in municipal law. An interesting description cf treaties are those of guaranty, by which sometimes a right of intervention in the affairs of other states is secured beforehand.
But treaties may be broken, and all other rights invaded ; and there is no court cf appeal where wrongs done by states can i.e tried. The rights of self-defence and of re dress now arise, and arc of such importance that but for redress by force or war, and to prevent war, international law would be a very brief science. The laws and usages of
modern warfare show a great advance of the nations in humanity since the middle ages. The following are among the leading princi ples and usages:— That declarations of war, as formerly prac tised, are unnecessary; the change in this re spect being due chiefly to the intimate know ledge which nations now have, through resi dent ambassadors and in other ways, of each other's movements and dispositions.
That at the opening of war the subjects of one hostile state within the territory of another are protected in their persons and property, and this notwithstanding it is con ceded that by strict right such property is liable to confiscation.
That war is waged between states, and by the active war agents of the parties, but that non-combatants are to be uninjured in per son and property by an invading army. Con tributions or requisitions, however, are still collected from a conquered or occupied terri tory, and property is taken for the uses of armies at a compensation.
That combatants, when surrendering them selves in battle, are spared, and are to be treated with humanity during their captivity, until exchanged or ransomed.
That even public property, when not of a i military character, s exempt from the ordi nary operations of war, unless necessity re quires the opposite course.
That in the storming of inhabited towns great license has hitherto been given to the besieging party; and this is one of the blots of modern as well as of ancient warfare. But humane commanders avoid the bom bardment of fortified towns. as far as possible; while mere fortresses may be assailed in any manner.
The laws of sea-warfare have not as yet come up to the level of those of land-warfare. Especially is capture allowed on the sea in cases where it would not occur on the land. Yet there are indications of a change in this respect: privateering has been abandoned by many states, and there is a growing demand that all capture upon the sea, even from enemies, except for violations of the rules of contraband, blockade, and search, shall cease. See CAPTURE.