sponding to that which elapsed between the First and Second Conferences. The Interna and Declaration In 1908 Great Britain invited a conference of naval powers to determine upon the rules for war upon the sea in order that the International Prize Court Convention tional Naval Con- might be ratified by certain powers who were ference of 1908, reluctant to accept the Convention "so long as of London, 1909. Vagueness and uncertainty exist as to the principles which the Court, in dealing with appeals brought before it, would apply to questions of far-reaching importance affecting naval policy and practice." This International Naval Conference met at London, December 4, 1908, and concluded the Declaration of London concerning the Laws of Naval War, February 26, 1909. Contributions The period since 1898 has been an epoch of formulation of law by international conventions. The contributions thus made have often removed uncertainties which of this period formerly prevailed, have sometimes modified to international existing law, have set forth principles to govern new conditions and in general have recognized the principle that establishment of equitable law is an essential to the realization of peace. law. NOTE.-The more important texts of these various conferences are given in the appendices, while the more significant articles of the several conventions are inserted in sections of the text upon which they bear.1 13. Influence of the United States The United States of America for many years after 1776 occupied a position to a considerable extent apart from European influences. It developed, therefore, ideas in regard to international relations which showed the influence The full texts of the conventions, etc., of the Peace Conferences at The Hague may be found in Scott's "Texts of the Peace Conferences at The Hague 1899 and 1907"; Higgins, "The Hague Peace Conferences." of general principles rather than the influence of national policy. The regulations of 1793 in re gard to neutrality. (a) The regulations in regard to neutrality issued in 1793 set forth the principles which have subsequently become generally recognized. Of this contribution toward the development of international law Hall says: "The policy of the United States in 1793 constitutes an epoch in the development of the usages of neutrality. There can be no doubt that it was intended and believed to give effect to the obligations then incumbent upon neutrals. But it represented by far the most advanced existing opinions as to what those obligations were; and in some points it even went further than authoritative international custom has up to the present time advanced. In the main, however, it is identical with the standard of conduct which is now adopted by the community of nations."1 (b) The United States has also consistently advocated the freedom of commerce and navigation. Many claims for Freedom of commerce and navigation. exclusive rights over rivers, gulfs, and other bodies of water were resisted by the United States from the time of the acquisition of statehood. The United States early insisted upon the freedom of navigation of the Scheldt. In the definitive treaty of peace with Great Britain in 1783, Article 8, it was provided that "The navigation of the River Mississippi from its source to the ocean, shall forever remain free and open to the Subjects of Great Britain, and the Citizens of the United States." The negotiations of the United States for securing freedom of river navigation were based upon the natural right, but for many years the arguments of the representatives received slight consideration. The Sound Dues, which Denmark had for centuries collected from vessels passing between the North and the Baltic seas were a heavy burden on commerce. 'Hall, "Int. Law," 5th ed., p. 593. Henry Wheaton, subsequently to become one of the foremost authorities in international law, while United States Minister to Denmark from 1827 to 1835, reported to the Department of State upon the subject of these dues. The United States soon maintained that "Denmark cannot lay claim to these duties upon any principle either of nature or of the law of nations nor from any other reason than that of antiquated custom." While maintaining that Denmark had no right to collect tolls because of her geographical position, the United States did admit that a reasonable return might justly be made "for the improvement and safety of the navigation of the Sound or Belts." The United States, by the treaty of April 11, 1857, paid $393,011 in consideration of Denmark's agreement to keep up lights, buoys, and pilot establishments. The United States has also always questioned the right of any state or states to forbid access to the Black Sea. The United States also protested against the restrictions placed upon the navigation of some of the South American rivers. The principle of freedom of navigation for which the United States had so often contended was fully recognized in the Kongo in the latter part of the nineteenth century. Open-door (c) The United States has also uniformly striven for the largest possible freedom of trade routes as in the maintenance of the policy of the 'open door" in the Far East. policy in the Far East Protection of citizens in (d) It has protected its citizens in their legitimate rights and has opposed oppression and arbitrary measures. When Perdicaris, an American citizen in Morocco, was deprived of his freedom by the bandit their legitimate Raisuli in 1904, Secretary Hay, after a reasonable time, informed Morocco that "this Government wants Perdicaris alive or Raisuli dead."1 rights. 1 U. S. For. Rel., 1904, p. 508. Contributions to (e) The United States has also contributed toward the establishing of the laws of war both upon the land and upon the sea. The Instructions for the Government of establishment Armies of the United States in the Field, preof laws of war. pared by Dr. Lieber in 1863, have served as the basis for the modern rules for warfare on land. The United States has advocated some of the most advanced positions upon the customs of war upon the sea. At the Hague Convention of 1907 an earnest attempt was made to secure the exemption from capture of private property at sea, in accord with the traditional attitude of the United States. The Supreme Court in 1899 said: "It is, as we think, historically accurate to say that this Government has always been, in its views, among the most advanced of the governments of the world in favor of mitigating, as to all noncombatants, the hardships and horrors of war." 1 Advocacy of peaceful settlement of inter national disputes. (In the United States there have always been many advocates of the peaceful methods of settlement of international disputes. Such method was provided for the settlement of differences among the states of the United States by the Articles of Confederation in 1778. Commissions were frequently appointed by the United States for settlement of difficulties with foreign states. Specific provision was made in a treaty with Tripoli in 1796, that in case of dispute arising under the treaty, neither party should appeal to arms, "nor shall war be declared on any pretext whatever," but a year shall be given for the adjustment of the difficulty, "during which time no act of hostility shall be permitted by either party." This provision is renewed in Article 15 of the treaty of 1805 between the United States and Tripoli, which is still in force. Many of the leading men of the United States have been the earnest advocates of arbitral procedure. At the various 'The Buena Ventura, 175 U. S., 384. strictly American conferences, and at The Hague in 1899 and in 1907, the United States representatives gave cordial support to the extension of arbitration to the fullest practicable extent. Isolation of the and its influence. (g) The isolation of the United States during the early period of its existence made it possible to pay more regard to principle because less influenced by policy. These United States principles showed the general attitude of the United States and have had increasing weight in the councils of the nations as the United States has gained in power. The advocacy of the principle of freedom of navigation and commerce, the observance of neutrality, the establishment of just rules for war, and the support of arbitration as a means of settling international differences show the direction in which the United States has influenced the development of international law in the remarkable progress of recent years. 14. Writers Among the writers upon subjects connected with international law before the days of Grotius the most prominent are Victoria (1480-1546), Ayala (1548-1584), Suarez (15481617), and Gentilis (1552-1608). While in many respects their contributions to the science were valuable, the work of Grotius stands out preeminent among all the early writers. (a) HUGO GROTIUS (1583-1645), the scholar, jurist and statesman, was born in Delft, April 10, 1583. Of good family, Life and work he was extremely precocious, acquiring prodigious of Hugo Grotius learning in many branches. At fifteen he went (1583-1645). with a special embassy to France; at twenty he was historiographer to the United Provinces, and at twentyfive advocate-general of the fisc of Holland and Zealand. The next year he married Mary van Riegesberg, a worthy helpmeet, and at thirty he became pensionary of the city of Rotterdam |