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
§ 7. When parties are not inclined to settle their differences by
negotiation, or when they have negotiated without effecting an
understanding, a third State can procure a settlement through its good
offices or its mediation, whether only one or both parties have asked
for the help of the third State or the latter has spontaneously offered
it. There is also possible a collective mediation, several States acting
at the same time as mediators. It is further possible for a mediatorial
Conference or Congress to meet for the purpose of discussing the terms
of an understanding between the conflicting parties. And it must be
especially mentioned that good offices and mediation are not confined to
the time before the differing parties have appealed to arms; they can
also be offered and sought during hostilities for the purpose of
bringing the war to an end. It is during war in particular that good
offices and mediation are of great value, neither of the belligerents as
a rule being inclined to open peace negotiations on his own account.
[Sidenote: Right and duty of offering, requesting, and rendering Good
Offices and Mediation.]
§ 8. As a rule, no duty exists for a third State to offer its good
offices or mediation, or to respond to a request of the conflicting
States for such, nor is it, as a rule, the duty of the conflicting
parties themselves to ask or to accept a third State's good offices and
mediation. But by special treaty such duty can be stipulated. Thus, for
instance, by article 8 of the Peace Treaty of Paris of March 30, 1856,
between Austria, France, Great Britain, Prussia, Russia, Sardinia, and
Turkey, it was stipulated that, in case in the future such difference as
threatened peace should arise between Turkey and one or more of the
signatory Powers, the parties should be obliged,[9] before resorting to
arms, to ask for the mediation of the other signatory Powers. Thus,
further, article 12 of the General Act of the Berlin Congo Conference of
1885 stipulates that, in case a serious difference should arise between
some of the signatory Powers as regards the Congo territories, the
parties should, before resorting to arms, be obliged to ask the other
signatory Powers for their mediation. And lately the Hague Conventions
for the peaceful settlement of international differences have laid down
some stipulations respecting the right and duty of good offices and
mediation, which will be found below in § 10.
[Footnote 9: But Italy did not comply with this stipulation before she
declared war against Turkey in September 1911.]
[Sidenote: Good Offices in contradistinction to Mediation.]
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account