[Footnote 2: Some writers (see Hall, § 118, and Heilborn, _System_, p. 404) refuse to treat negotiation, good offices, and mediation as means of settling differences, because they cannot find that these means are of any legal value, it being in the choice of the parties whether or not they agree to make use of them. They forget, however, the enormous political value of these means, which alone well justifies their treatment; moreover, there are already some positive legal rules in existence concerning these means--see Hague Arbitration Treaty, articles 2-7 and 9-36--and others will in time, no doubt, be established.] [Footnote 3: Except in the case of contract debts claimed from the Government of one country by the Government of another country as being due to its nationals. See Convention II.; above, vol. I. § 135, p. 192; and below, § 19.] [Footnote 4: See above, vol. I. § 553.] [Footnote 5: See below, § 17.] II NEGOTIATION Twiss, II. § 4--Lawrence, § 220--Moore, VII. § 1064--Taylor, §§ 359-360--Heffter, § 107--Bulmerincq in Holtzendorff, IV. pp. 13-17--Ullmann, § 151--Bonfils, Nos. 931-932--Despagnet, Nos. 470 and 477--Pradier-Fodéré, VI. Nos. 2584-2587--Rivier, II. § 57--Calvo, III. §§ 1672-1680--Martens, II. § 103--Nys, III. pp. 56-58. [Sidenote: In what Negotiation consists.] § 4. The simplest means of settling State differences, and that to which States always resort before they make use of other means, is negotiation. It consists in such acts of intercourse between the parties as are initiated and directed for the purpose of effecting an understanding and thereby amicably settling the difference that has arisen between them.[6] Negotiation as a rule begins by a State complaining of a certain act, or lodging a certain claim with another State. The next step is a statement from the latter making out its case, which is handed over to the former. It may be that the parties come at once to an understanding through this simple exchange of statements. If not, other acts may follow according to the requirements of the special case. Thus, for instance, other statements may be exchanged, or a conference of diplomatic envoys, or even of the heads of the States at variance, may be arranged for the purpose of discussing the differences and preparing the basis for an understanding. [Footnote 6: See above, vol. I. §§ 477-482, where the international transaction of negotiation in general is discussed.] [Sidenote: International Commissions of Inquiry.]