International Law Codified and Its Legal Sanction: Or the Legal Organization of the Society of States (Classic Reprint)

Excerpt from International Law Codified and Its Legal Sanction: Or the Legal Organization of the Society of States

To meet these admitted defects of the existing order he has pro posed (1) the periodical meeting of a Congress which shall have the power to legislate for the magna civitas and provide means for the enforcement of the rules of law established, by authorizing collective action by states; and (2) the convening of a Conference, which shall, on the request of any state, settle political contro versies, interpret ambiguous rules of law, and insure the execution of rulings of the Congress by referring the case to arbitration or to the Congress for executive action. His proposals for the pacific settlement of international disputes have already been fully adopted and probably his proposal for compulsory arbitration of certain types of differences will some day find universal recognition.

Among the numerous reforms and progressive doctrines which Fiore advocated, several will command the attention of statesmen and thinkers: He contends that every individual has international rights as a human being - apart from his rights as a citizen of a particular state - which must be universally respected. These international rights of man include the unrestricted freedom of migration and the freedom of expatriation without the state's consent. He would place limitations upon the arbitrary power of the State; thus, he denies the State's right to exclude foreigners or to prohibit them from acquiring real property.

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