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
(1) The contracting Powers agree to have recourse, before they appeal to
arms, as far as circumstances allow, to good offices or mediation
(article 2). And independently of this recourse, they consider it
expedient and desirable that contracting Powers who are strangers to
the dispute should, on their own initiative, offer their good offices or
mediation (article 3). A real legal duty to offer good offices or
mediation is not thereby created; only the expediency and desirability
of such offer are recognised. In regard to the legal duty of conflicting
States to ask for good offices or mediation, it is obvious that,
although literally such duty is agreed upon, the condition "as far as
circumstances allow" makes it more or less illusory, as it is in the
discretion of the parties to judge for themselves whether or not the
circumstances of the special case allow their having recourse to good
offices and mediation.
(2) The contracting Powers agree that (article 3) a right to offer good
offices or mediation exists for those of them who are strangers to a
dispute, and that this right exists also after the conflicting parties
have appealed to arms. Consequently, every contracting Power, when at
variance with another, be it before or after the outbreak of
hostilities, is in duty bound to receive an offer made for good offices
or mediation, although it need not accept such offer. And it is
especially stipulated that the exercise of the right to offer good
offices or mediation may never be regarded by the conflicting States as
an unfriendly act (article 3). It is, further, stipulated that the
contracting Powers consider it their duty in a serious conflict to
remind the parties of the Permanent Court of Arbitration, and that the
advice to have recourse to this Court may only be considered as an
exercise of good offices (article 48, paragraphs 1 and 2). And, finally,
in case of dispute between two Powers, one of them may always address to
the International Bureau of the Permanent Court of Arbitration a note
containing a declaration that it would be ready to submit the dispute to
arbitration, whereupon the Bureau must at once inform the other Power of
this declaration (article 48, paragraphs 3 and 4).
(3) Mediation is defined (article 4) as reconciliation of the opposing
claims and appeasement of the feelings of resentment between the
conflicting States, and it is specially emphasised that good offices and
mediation have exclusively the character of advice.
(4) The acceptance of mediation--and, of course, of good offices, which
is not mentioned--does not (article 7) have the effect of interrupting,
delaying, or hindering mobilisation or other preparatory measures for
war, or of interrupting military operations when war has broken out
before the acceptance of mediation, unless there should be an agreement
to the contrary.
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