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)
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International Law. A Treatise. Volume 2 (of 2): War and Neutrality. Second Edition
Oppenheim, L. (Lassa)
International law
§ 6. The effect of negotiation can be to make it apparent that the
parties cannot come to an amicable understanding at all. But frequently
the effect is that one of the parties acknowledges the claim of the
other party. Again, sometimes negotiation results in a party, although
it does not acknowledge the opponent's alleged rights, waiving its own
rights for the sake of peace and for the purpose of making friends with
the opponent. And, lastly, the effect of negotiation can be a compromise
between the parties. Frequently the parties, after having come to an
understanding, conclude a treaty in which they embody the terms of the
understanding arrived at through negotiation. The practice of everyday
life shows clearly the great importance of negotiation as a means of
settling international differences. The modern development of
international traffic and transport, the fact that individuals are
constantly travelling on foreign territories, the keen interest taken by
all powerful States in colonial enterprise, and many other factors, make
the daily rise of differences between States unavoidable. Yet the
greater number of such differences are settled through negotiation of
some kind or other.
III
GOOD OFFICES AND MEDIATION
Maine, pp. 207-228--Phillimore, III. §§ 3-5--Twiss, II. §
7--Lawrence, § 220--Moore, VII. §§ 1065-1068--Taylor, §§
359-360--Wheaton, § 73--Bluntschli, §§ 483-487--Heffter, §§
107-108--Bulmerincq in Holtzendorff, IV. pp. 17-30--Ullmann, §§
152-153--Bonfils, Nos. 932'1-943'1--Despagnet, Nos.
471-476--Pradier-Fodéré, VI. Nos. 2588-2593--Mérignhac, I. pp.
429-447--Rivier, II. § 58--Nys, III. pp. 59-61--Calvo, III. §§
1682-1705--Fiore, III. Nos. 1199-1201, and Code, Nos.
1248-1293--Martens, II. § 103--Holls, _The Peace Conference at the
Hague_ (1900), pp. 176-203--Zamfiresco, _De la médiation_
(1911)--Politis in _R.G._ XVII. (1910), pp. 136-163.
[Sidenote: Occasions for Good Offices and Mediation.]
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