International Law. A Treatise Volume I Part 11

-- 61. BIBLIOGRAPHIES

_Ompteda_: Litteratur des gesammten Volkerrechts, 2 vols. (1785).

_Kamptz_: Neue Litteratur des Volkerrechts seit 1784 (1817).

_Kluber_: Droit des gens moderne de l'Europe (Appendix) (1819).

_Miruss_: Das Europaische Gesandschaftsrecht, vol. II. (1847).

_Mohl_: Geschichte und Litteratur des Staatswissenschaften, vol.

I. pp. 337-475 (1855).

_Woolsey_: Introduction to the Study of International Law (6th ed.

1891), Appendix I.

_Rivier_: pp. 393-523 of vol. I. of Holtzendorff's Handbuch des Volkerrechts (1885).

_Stoerk_: Die Litteratur des internationalen Rechts von 1884-1894 (1896).

_Olivart_: Catalogue d'une bibliotheque de droit international (1899).

_Nys_: Le droit international, vol. I. (1904), pp. 213-328.

-- 62. PERIODICALS

Revue de droit international et de legislation comparee. It has appeared in Brussels since 1869, one volume yearly. Present editor, Edouard Rolin.

Revue generale de droit international public. It has appeared in Paris since 1894, one volume yearly. Founder and present editor, Paul Fauchille.

Zeitschrift fur internationales Recht. It has appeared in Leipzig since 1891, one volume yearly. Present editor, Theodor Niemeyer.

Annuaire de l'Inst.i.tut de Droit International, vol. I. 1877. A volume appears after each meeting of the Inst.i.tute.

Kokusaiho-Za.s.shi, the j.a.panese International Law Review. It has appeared in Tokio since 1903.

Revista de Derecho Internacional y politica exterior. It has appeared in Madrid since 1905, one volume yearly. Editor, Marquis de Olivart.

Rivista di Diritto Intern.a.z.ionale. It has appeared in Rome since 1906, one volume yearly. Editors, D. Anzilotti, A. Ricci-Busatti, and L. A. Senigallia.

Zeitschrift fur Volkerrecht und Bundesstaatsrecht. It has appeared in Breslau since 1906, one volume yearly. Editors, Joseph Kohler, L. Oppenheim, and F. Holldack.

The American Journal of International Law. It has appeared in Washington since 1907, one volume yearly. Editor, James Brown Scott.

Essays and Notes concerning International Law frequently appear also in the Journal du droit international prive et de la Jurisprudence comparee (Clunet), the Archiv fur offentliches Recht, The Law Quarterly Review, The Law Magazine and Review, The Juridical Review, The Journal of the Society of Comparative Legislation, The American Law Review, the Annalen des deutschen Reiches, the Zeitschrift fur das privat- und offentliche Recht der Gegenwart (Grunhut), the Revue de droit public et de la science politique (Larnaude), the Annales des sciences politiques, the Archivio giuridico, the Jahrbuch des offentlichen Rechts, and many others.

PART I

THE SUBJECTS OF THE LAW OF NATIONS

CHAPTER I

INTERNATIONAL PERSONS

I

SOVEREIGN STATES AS INTERNATIONAL PERSONS

Vattel, I. ---- 1-12--Hall, -- 1--Lawrence, -- 42--Phillimore, I. ---- 61-69--Twiss, I. ---- 1-11--Taylor, -- 117--Walker, -- 1--Westlake, I.

pp. 1-5, 20-21--Wheaton, ---- 16-21--Ullmann, -- 19--Heffter, -- 15--Holtzendorff in Holtzendorff, II. pp. 5-11--Bonfils, Nos.

160-164--Despagnet, Nos. 69-74--Pradier-Fodere, I. Nos.

43-81--Nys, I. pp. 329-356--Rivier, I. -- 3--Calvo, I. ---- 39-41--Fiore, I. Nos. 305-309, and Code, Nos. 51-77--Martens, I.

---- 53-54--Merignhac, I. pp. 114-231, and II. pp. 5, 154-221--Moore, I. -- 3.

[Sidenote: Real and apparent International Persons.]

-- 63. The conception of International Persons is derived from the conception of the Law of Nations. As this law is the body of rules which the civilised States consider legally binding in their intercourse, every State which belongs to the civilised States, and is, therefore, a member of the Family of Nations, is an International Person. Sovereign States exclusively are International Persons--_i.e._ subjects of International Law. There are, however, as will be seen, full and not-full Sovereign States. Full Sovereign States are perfect, not-full Sovereign States are imperfect International Persons, for not-full Sovereign States are for some parts only subjects of International Law.

In contradistinction to Sovereign States which are real, there are also apparent, but not real, International Persons--namely, Confederations of States, insurgents recognised as a belligerent Power in a civil war, and the Holy See. All these are not, as will be seen,[87] real subjects of International Law, but in some points are treated as though they were International Persons, without thereby becoming members of the Family of Nations.

[Footnote 87: See below, -- 88 (Confederations of States), -- 106 (Holy See), and vol. II. ---- 59 and 76 (Insurgents).]

It must be specially mentioned that the character of a subject of the Law of Nations and of an International Person can be attributed neither to monarchs, diplomatic envoys, private individuals, or churches, nor to chartered companies, nations, or races after the loss of their State (as, for instance, the Jews or the Poles), and organised wandering tribes.[88]

[Footnote 88: Most jurists agree with this opinion, but there are some who disagree. Thus, for instance, Heffter (-- 48) claims for monarchs the character of subjects of the Law of Nations; Lawrence (-- 42) claims that character for corporations; and Westlake, Chapters, p. 2, and Fiore, Code, Nos. 51, 61-64, claim it for individuals. The matter will be discussed below in ---- 288, 290, 344, 384.]

[Sidenote: Conception of the State.]

-- 64. A State proper--in contradistinction to so-called Colonial States--is in existence when a people is settled in a country under its own Sovereign Government. The conditions which must obtain for the existence of a State are therefore four:

There must, first, be a _people_. A people is an aggregate of individuals of both s.e.xes who live together as a community in spite of the fact that they may belong to different races or creeds, or be of different colour.

There must, secondly, be a _country_ in which the people has settled down. A wandering people, such as the Jews were whilst in the desert for forty years before their conquest of the Holy Land, is not a State. But it matters not whether the country is small or large; it may consist, as with City States, of one town only.

There must, thirdly, be a _Government_--that is, one or more persons who are the representatives of the people and rule according to the law of the land. An anarchistic community is not a State.

There must, fourthly and lastly, be a _Sovereign_ Government.

Sovereignty is supreme authority, an authority which is independent of any other earthly authority. Sovereignty in the strict and narrowest sense of the term includes, therefore, independence all round, within and without the borders of the country.

[Sidenote: Not-full Sovereign States.]

-- 65. A State in its normal appearance does possess independence all round and therefore full sovereignty. Yet there are States in existence which certainly do not possess full sovereignty, and are therefore named not-full Sovereign States. All States which are under the suzerainty or under the protectorate of another State or are member States of a so-called Federal State, belong to this group. All of them possess supreme authority and independence with regard to a part of the tasks of a State, whereas with regard to another part they are under the authority of another State. Hence it is that the question is disputed whether such not-full Sovereign States can be International Persons and subjects of the Law of Nations at all.[89]