On the whole, however, it is astonishing, as I have observed before,
how small a proportion the additions made to International Law since
Grotius's day bear to the ingredients which have been simply taken
from the most ancient stratum of the Roman Jus Gentium. Acquisition of
territory has always been the great spur of national ambition, and the
rules which govern this acquisition, together with the rules which
moderate the wars in which it too frequently results, are merely
transcribed from the part of the Roman law which treats of the modes
of acquiring property _jure gentium_. These modes of acquisition were
obtained by the elder jurisconsults, as I have attempted to explain,
by abstracting a common ingredient from the usages observed to prevail
among the various tribes surrounding Rome; and, having been classed on
account of their origin in the "law common to all nations," they were
thought by the later lawyers to fit in, on the score of their
simplicity, with the more recent conception of a Law Natural. They
thus made their way into the modern Law of Nations, and the result is
that those parts of the international system which refer to
_dominion_, its nature, its limitations, the modes of acquiring and
securing it, are pure Roman Property Law--so much, that is to say, of
the Roman Law of Property as the Antonine jurisconsults imagined to
exhibit a certain congruity with the natural state. In order that
these chapters of International Law may be capable of application, it
is necessary that sovereigns should be related to each other like the
members of a group of Roman proprietors. This is another of the
postulates which lie at the threshold of the International Code, and
it is also one which could not possibly have been subscribed to during
the first centuries of modern European history. It is resolvable into
the double proposition that "sovereignty is territorial," _i.e._ that
it is always associated with the proprietorship of a limited portion
of the earth's surface, and that "sovereigns _inter se_ are to be
deemed not _paramount_, but _absolute_, owners of the state's
territory."
Public-domain text, read in full here on John Shaqi.
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