International Law. A Treatise. Volume 2 (of 2): War and Neutrality. Second Edition — John Shaqi
International Law. A Treatise. Volume 2 (of 2): War and Neutrality. Second EditionOppenheim, L. (Lassa)
History
International Law. A Treatise. Volume 2 (of 2): War and Neutrality. Second Edition
Oppenheim, L. (Lassa)
International law
Twiss, II. §§ 1-3--Ullmann, §§ 148-150--Bulmerincq in
Holtzendorff, IV. pp. 5-12--Heffter, §§ 105-107--Rivier, II. §
57--Bonfils, No. 930--Despagnet, No. 469--Pradier-Fodéré, IV. Nos.
2580-2583--Calvo, III. §§ 1670-1671--Martens, II. §§
101-102--Fiore, II. Nos. 1192-1198, and Code, No. 1246--Wagner,
_Zur Lehre von den Streiterledigungsmitteln des Völkerrechts_
(1900.)
[Sidenote: Legal and political International Differences.]
§ 1. International differences can arise from a variety of grounds.
Between the extremes of a simple and comparatively unimportant act of
discourtesy committed by one State against another, on the one hand,
and, on the other, so gross an insult as must necessarily lead to war,
there are many other grounds varying in nature and importance. State
differences are correctly divided into legal and political. Legal
differences arise from acts for which States have to bear
responsibility, be it acts of their own or of their Parliaments,
judicial and administrative officials, armed forces, or individuals
living on their territory.[1] Political differences are the result of a
conflict of political interests. But although this distinction is
certainly theoretically correct and of practical importance, frequently
in practice a sharp line cannot be drawn. For in many cases States
either hide their political interests behind a claim for an alleged
injury, or make a positive, but comparatively insignificant, injury a
pretext for the carrying out of political ends. Nations which have been
for years facing each other armed to the teeth, waiting for a convenient
moment to engage in hostilities, are only too ready to obliterate the
boundary line between legal and political differences. Between such
nations a condition of continuous friction prevails which makes it
difficult, if not impossible, in every case which arises to distinguish
the legal from the political character of the difference.
[Footnote 1: See above, vol. I. § 149.]
[Sidenote: International Law not exclusively concerned with Legal
Differences.]
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