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“ De Jure Belli ac Pacis,” viz.: sovereign states, equal regardless of area and power. The decree of James I., in 1604, establishing a neutral zone by “a straight line drawn from one point to another about the realm of England,” in which neither of the parties to the war between the United Provinces and Spain should carry on hostilities, formed a precedent in maritime jurisdiction, even though the decree was but imperfectly enforced. This early part of the modern period was especially fruitful in treatises and discussions upon the nature of international law, and upon what it ought to be, and also upon the law of the sea particularly Grotius's “ Mare Liberum,” 1609, Selden's “ Mare Clausum,” 1635, and Bynkershoek’s “ De Dominio Maris,” 1702.1 During this period the public law was diligently studied, the right of legation became generally recognized, French gradually took the place of Latin in international intercourse, with a corresponding modern spirit in the practice, though the discussions were usually ponderous and abstract, the idea of the balance of power flourished and formed a subject of frequent controversy, the principle of intervention upon political grounds was propounded and acknowledged, and the opinions of the great publicists, such as Grotius, gained great weight and were widely studied. The general principles of neutral trade, including “free ships, free goods,” were laid down, prize laws and provisions as to contraband were adopted, numerous treaties of commerce gave witness of the growth of international intercourse, and both men and states became somewhat more tolerant.
1 The Marine Ordinance of Louis XIV, 1681, became the basis of sea law.
2 With the decline of the influence of the “ Holy Roman Empire," the use of Latin in diplomacy became less general.
(6) 1713-1815. The Treaty of Utrecht (1713) contained recognition of many of the principles which had become fairly well accepted during the years since 1648. There are evidences of the growing influences of the New World upon the policy of the Old; the American fisheries question appears; the international regulations in regard to commerce are multiplied, and the central subject of the preamble is the subject of “the balance o power.”1 For many years the question of succession to the various seats of royal and princely power formed the chief subject of international discussion. During the eighteenth century the steady growth of England as a maritime power and the European complications over trans-Atlantic possessions brought new international issues. The basis of modern territorial acquisition was found in the Roman law of occupatio, and its laws of river boundaries were almost exactly followed.2 From the Treaty of Aixla-Chapelle (1748), in which former treaties were generally renewed, to 1815, the growth and observation of the principles of international law was spasmodic. By the Peace of Paris and by the Peace of Hubertsburg (1763), many questions of territorial jurisdiction were settled. England, now become the dominant power in North America, with greatly extended power in the East, impresses upon international practice adherence to actual precedent rather than to theoretically
1 Abbé Saint-Pierre, in three volumes, 1729, “ Abrégé du Projet de Paix perpétuelle,” outlines a plan for peace by fixed system of balance of power.
2 Institutes," II., 1, 21, 22.
correct principles. At the same time in Central Europe the conditions were ripe for that violation of international justice, the partition of Poland in 1772, followed by the further partition in 1793 and 1795. The rights which the concert of nations was thought to hold sacred were the ones most ruthlessly violated by the neighboring powers. The American Revolution of 1776 and the French Revolution of 1789 introduced new principles. The “armed neutrality” of 1780,1 while maintaining the principle “ free ships, free goods,” made impossible the converse, “enemy's ships, enemy's goods,” which had been held. Both the American and French Revolution made evident the necessity of the development of the laws of neutrality hitherto greatly confused and disregarded. During the French Revolution it seemed that to Great Britain alone could the states of Europe look for the practice of the principles of international law. After the French Revolution it was necessary to define just intervention that Europe might not be again convulsed. It became clear that the state was an entity and distinct from the person of its king. No longer could the king of France or of any European state say “ L'état c'est moi.” Even though personal selfishness of monarchs might pervade the Congress of Vienna, the spirit of nationality could not long be restrained. The period from 1713 to 1815 had tested the general principles propounded during the seventeenth century, and it was found necessary to expand their interpretation, while the growth of commerce and intercourse made necessary new laws of neutrality and new principles of comity, such as were in part forthcoming in the early days of the nineteenth century, as seen in the resistance to the right of search, the declaration against African slave trade, establishment of freedom of river navigation, improved regulations in regard to trade in time of war, neutralization of Switzerland, placing of protectorate over Ionian Islands, and the determination of precedence and dignities of the various diplomatic agents and the states which they represented. By the year 1815 the theory of the seventeenth century had been severely tested by the practice of the eighteenth century, and it remained for the nineteenth century to profit by the two centuries of modern political experience.
1 Declaration of Russia, Feb. 28, 1780.
2 The works of Moser (1701-1786) and his immediate followers attempt to make practical the principles of International Law,
(c) 1815 to date. The Peace of Westphalia (1648), the Peace of Utrecht (1713), and the Treaty of Vienna (1815) are the three celebrated cases of combined action of modern European powers. The “ balance of power" idea had gradually been supplemented by “the concert of the powers” idea, which would not merely maintain the relative status quo of “the balance,” but might enter upon a positive policy of concerted action. The “ Holy Alliance” of 1815, to promote “ Justice, Christian Charity, and Peace,” I was first broken by its originators. There was a strong feeling that the principles of international lawe should be followed, however, and this, the “Declaration of the Five Cabinets,” Nov. 15, 1818, distinctly avowed in “ their invariable resolution, never to depart, either among themselves, or in their
1 1. Hertslet, 317.
relations with other states, from the strictest observation of the principles of the Rights of Nations.”] The attempt to extend the principle of intervention in favor of maintaining the various sovereigns on their thrones, and in suppression of internal revolutionary disturbances by foreign force was made in the “ Circular of the Three Powers,” Dec. 8, 1820.2 Under many forms intervention has been one of the great questions of the nineteenth century, and the growing proximity and multiplication of relations of states during the century has added many complications.3 The Grecian War of Independence (1821–1829) brought the new principle of pacific blockade (1827), and at its conclusion the powers guaranteed the sovereignty of Greece. The subjects of right of search, foreign enlistment, Monroe Doctrine, freedom of commerce and navigation, expatriation, extradition, neutralized territory, ship canals, consular rights, neutral rights and duties, arbitration, reciprocity, mixed courts, international postage, weights and measures, trade-marks and copyright, rules of war, submarine cables, and sphere of influence, which have come to the front during the nineteenth century, indicate in a measure the subject matter of international negotiation. Throughout the period since 1815 the tendency has been rather to regard what is the international practice.
§ 13. Writers. Among the writers upon subjects connected with international law before the days of Grotius the most prominent are Victoria C -1550 ?), Ayala (1548
1 1. Hertslet, 573. ? Ibid., 658. 8 Hall, $ 88, p. 297.