OUTLINE OF CHAPTER VIII EXISTENCE 37. APPLICATION OF THE RIGHT. (a) Right to take measures necessary for self-defense. (b) Responsibility for acts. (c) Right to administer internal affairs. 38. EXTENSION OF THE RIGHT TO SUBJECTS OF THE STATE. CHAPTER VIII EXISTENCE 37. Application of the Right THE right of existence in its exercise may lead to certain acts for which the general principles of international law do not provide rules.1 Right to take measures necessary for self-defense. (a) In face of actual dangers immediately threatening its existence, a state may take such measures as are necessary for self-preservation, even though not sanctioned by international law. Such measures, however, must be from "a necessity of self-defense, instant, overwhelming, and leaving no choice of means and no moment for deliberation," and further "must be limited by that necessity and kept clearly within it."2 The wide discussion of the case of the Virginius flying an American flag, taken October 31, 1873, on the high seas by a Spanish vessel of war on the ground of furnishing aid to Cuban insurgents involved the principle of the limits of the right of self-defense.3 In this case it was maintained that no "imminent necessity of self-defense could be alleged " justifying the execution after summary trial of persons on board. (b) The plea that action contrary to international law has been to preserve the existence of a state will not free the state Responsibility so acting from responsibility for its acts, and the acts may be regarded as cause for war by the state which has suffered. Spain paid $80,000 as in for acts. 1 Hall, p. 278. * Caroline, 1 Whart. § 50 c; 2 ibid., § 224. 12 Moore, pp. 895, 967, 980; U. S. For. Rel. 1875, vol. II, p. 1178. demnity for the execution of six American citizens on board the Virginius. (c) As the domestic acts of a state are not within the province of international law, a state has the right to administer its internal affairs in such manner as it may determine fit to secure and further its existence. It may adopt any form of government; may plan for its growth by developing its resources, by encouraging immigration; may strengthen defenses and forces; may regulate trade, commerce, and travel. While acts of this character may work injury to other states, they are not in general just grounds for war, but may properly be met by like acts on the part of other states. Right to administer internal affairs. 38. Extension of the Right to Subjects of the State As the subjects of a state are necessary for its existence, the right of self-preservation had been held to justify certain acts of states to secure to their subjects in their relations with foreign states such rights as the foreign states would accord to their own subjects under similar circumstances.1 That a local tribunal within a purely domestic division of a state cannot secure to foreigners rights to which they are entitled, in no way frees that state, whose sovereignty extends over such domestic division, from responsibility for violation of the foreigner's right. International law recognizes only the personality of the sovereign political unity, and cannot recognize the administrative and other subdivisions. Italy assumed a correct position in holding the United States government responsible for the murder of Italian subjects while in custody of officers of the State of Louisiana in 1891.2 Hall says: "States possess a right of protecting their subjects abroad which is correlative 1 Borchard, "Diplomatic Protection," p. 349. U. S. For. Rel. 1891, pp. 628-658; "New Orleans v. Abbagnato," 62 Fed. Rep. 240; I Butler, "Treaty-making Power," 149-166; I Hyde, 516. to their responsibility in respect of injuries inflicted upon foreigners within their dominions." 1 Formerly it was maintained that a state should protect its nationals against breach of money agreement by a foreign state, but in recent years such controversies have more and more been settled through courts either directly by the parties or by agreements indirectly reached through the states.2 1 Hall, p. 287. * See Hague Court Award, French Claims against Peru, October 11, 1921. OUTLINE OF CHAPTER IX INDEPENDENCE AND INTERDEPENDENCE 39. MANNER OF EXERCISE OF THE RIGHT. 40. EUROPEAN BALANCE OF POWER. 41. MONROE DOCTRINE AND AMERICAN POLICIES. (a) The Monroe Doctrine. (1) Reservation made by the United States in regard to the Monroe Doctrine. (2) A policy of the United States, not a principle of international law. (3) Extent to which it has been recognized. (4) Proposed extension. (b) Other American policies. (1) Early congresses of South American states. (2) Pan-American Conferences, their aims and results. (3) Certain principles observed only in the western hemi sphere. 42. NON-INTERVENTION. 43. PRACTICE IN REGARD TO INTERVENTION. (a) Intervention for self-preservation. (b) Intervention to prevent illegal acts. (d) Other grounds of intervention. (1) To carry out treaty stipulations. (3) On the grounds of humanity. (4) To act as mediator in time of civil war. (5) On the ground of financial transactions. (e) Intervention justifiable only on ground of self-preservation. |