8. International Law and Statute Law Statute law proceeds from legislative enactment, and is enforced by the power of the enacting state within its jurisdiction. International law, on the other hand, is not formally enacted, and has no tribunal with an effective sanction for its enforcement. In case of infraction of its rules nations may resort to war, when the issue may rather depend upon the relative strength of the two states than upon the justice of the cause, or the states may agree to refer their differences to some form of adjudication by an international tribunal. 9. International Law and Law in General 1 If law is defined, as by Austin, "a rule laid down for the guidance of an intelligent being by an intelligent being having power over him," 1 it would not be possible to include under it international law without undue liberality in the interpretation of the language. In form, however, law is a body of rules and principles in accord with which phenomena take place. If these rules, as enunciated by the state in case of statute law, are not followed, certain penalties are inflicted. The nature of the penalty must to a great extent depend on the source of the law. International law is the body of rules and principles relating to interstate phenomena. Violations of international law are not followed by the same penalties as those of statutę law, as international law does not have the same source nor a similar tribunal for its enforcement. International law is, however, in form law and in practice so regarded.2 1 "Lectures on Jurisprudence," I. 2 Walker, Science of International Law," Chs. I and II, fully discusses Austin's definition. For decisions of the highest courts see West Rand Gold Mining Co. v. The King, L. R. 2 K. B. (1905), 391; The Paquete Habana (1900), 175 U. S. 677; The Zamora (1916), 2 A. C. 77. OUTLINE OF CHAPTER III HISTORICAL DEVELOPMENT 10. EARLY PERIOD. (a) Recognition by Greece of international obligations. (b) Rome's contribution to international law 11. MIDDLE PERIOD. (a) Supremacy of Roman Empire. (b) Unifying influence of the Church. (c) Feudalism and the territorial basis of sovereignty. (d) Crusades and a broader basis of comity. (e) Chivalry and a basis of equitable dealing. (f) Expansion of commerce and the development of maritime codes. (g) Consuls and the development of maritime law. (h) Discovery of America. (i) Contributions of the Middle Period. 12. MODERN PERIOD FROM 1648. (a) 1648-1713: Development of principles. (b) 1713-1815: Testing of principles. (c) 1815-1898: Practical application of principles. (2) Results of the First Peace Conference. (3) The Second Peace Conference at The Hague and its conventions. (4) The International Naval Conference of 1908–1909, and Declaration of London. (5) Contributions in this period to international law. (e) 1914 to present time: New tests. 13. INFLUENCE OF THE UNITED STATES. (a) The regulations of 1793 in regard to neutrality. (c) Open-door policy in the Far East. (d) Protection of legitimate rights of citizens. (e) Contributions to establishment of laws of war. (f) Advocacy of peaceful settlement of international disputes. (g) The United States and the World War. 14. WRITERS. (a) Life and work of Hugo Grotius (1583-1645). CHAPTER III HISTORICAL DEVELOPMENT 10. Early Period THE history of the development of those rules and principles now considered in international law naturally falls into three periods, early, middle, and modern.1 The early period dates from the development of early European civilization, and extends to the beginning of the Christian Era. During this period the germs of the present system appear.2 Recognition by (a) The dispersion of the Greeks in many colonies which became practically independent communities gave rise to systems of intercourse involving the recognition Greece of inter- of general obligations. The maritime law of Rhodes is an instance of the general acceptance of common principles. The main body of this law has not survived, yet the fragment appearing in the Digest, De Lege Rhodia de Jactu, is, after more than two thousand national obli gations. 4 1 Bluntschli, "Völkerrecht," Introduction; Lawrence, § 20. 2 Walker, "Science of International Law," Ch. III, p. 58. "But when, beside the vague and fleeting World Law, the law of all humanity, was recognized a law special to certain peoples, when the distinction was drawn between the progressive and the stationary, between civilization and barbarity, when the Greek noted τὰ νόμιμα τῶν Ἑλλήνων, and the Roman felt the ties of a particular Jus Fetiale and a particular Jus Belli, International Law cast off its swaddling bands, and began its walk on earth." 'Cicero, "Pro Lege Manilia," Ch. XIII. Justinian, Digest, 14. 2, " If goods are thrown overboard to lighten the ship, as this is done for the sake of all, the loss shall be made good by a contribution of all." |