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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

Besides the general rights of independence, equality, jurisdiction, property, and intercourse, 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 involved the principle of the limits of the right of self-defense.3

(b) The right to act in a manner which international law does not sanction or denies, even though it may be strictly to preserve the existence of the state so acting, cannot be upheld as freeing it from responsi

Responsibility

for acts.

bility for such acts, and these acts may be

regarded as hostile by states affected by them.

(c) As the domestic acts of a state are not within the province of international law, a state has the right to admin

1 Hall, p. 269.

"Caroline," 1 Whart. § 50 c; 2 ibid., § 224. See Appendix XV. '2 Moore, pp. 895, 967, 980; Scott Cases, 308, 321 n.

Right to administer internal affairs.

ister 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.

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 has 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. 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 cognize 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 1891.1 Hall says: "States possess a right of protecting their subjects abroad which is correlative to their responsibility in respect of injuries inflicted upon foreigners within their dominions." 2 "Fundamentally, however, there is no difference in principle between wrongs inflicted by breach of a monetary agreement

U. S. For. Rel. 1891, pp. 628-658; "New Orleans v. Abbagnato," 62 Fed. Rep. 240; 1 Butler, "Treaty-making Power," 149-166. ' Hall, p. 278.

and other wrongs for which the state, as itself the wrongdoer, is immediately responsible. The difference which is made in practice is in no sense obligatory; and it is open to governments to consider each case by itself, and to act as seems well to them on its merits." 1

1 Hall, p. 281.

OUTLINE OF CHAPTER IX

INDEPENDENCE

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.

(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 hemisphere.

42. NON-INTERVENTION.

43. PRACTICE IN REGARD TO INTERVENTION.

(a) Intervention for self-preservation.

(b) Intervention to prevent illegal acts.
(c) Intervention by general sanction.

(d) Other grounds of intervention.

(1) To carry out treaty stipulations.

(2) To preserve the balance of power.

(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.

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