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
(5) The functions of the mediator are at an end (article 5) when once it
is stated, either by one of the conflicting parties or by the mediator
himself, that the means of reconciliation proposed by him are not
accepted.
(6) A new and particular form of mediation is recommended by article 8.
Before appealing to arms the conflicting States choose respectively a
State as umpire, to whom each intrusts the mission of entering into
direct communication with the umpire chosen by the other side for the
purpose of preventing the rupture of pacific relations. The period of
the mandate extends, unless otherwise stipulated, to thirty days, and
during such period the conflicting States cease from all direct
communication on the matter in dispute, which is regarded as referred
exclusively to the mediating umpires, who must use their best efforts to
settle the difference. Should such mediation not succeed in bringing the
conflicting States to an understanding, and should, consequently, a
definite rupture of pacific relations take place, the chosen umpires are
jointly charged with the task of taking advantage of any opportunity to
restore peace.
[Sidenote: Value of Good Offices and Mediation.]
§ 11. The value of good offices and mediation for the amicable
settlement of international conflicts, be it before or after the parties
have appealed to arms, cannot be over-estimated. Hostilities have been
frequently prevented through the authority and the skill of mediators,
and furiously raging wars have been brought to an end through good
offices and mediation of third States.[11] Nowadays the importance of
these means of settlement of international differences is even greater
than in the past. The outbreak of war is under the circumstances and
conditions of our times no longer a matter of indifference to all except
the belligerent States, and no State which goes to war knows exactly how
far such war may affect its very existence. If good offices and
mediation are interposed at the right moment, they will in many cases
not fail to effect a settlement of the conflict. The stipulations of the
Hague Convention for the peaceful adjustment of differences have greatly
enhanced the value of good offices and mediation by giving a legal right
to Powers, strangers to the dispute, to offer their good offices and
mediation before and during hostilities.
[Footnote 11: See the important cases of mediation discussed by Calvo,
III. §§ 1684-1700, and Bonfils, Nos. 936-942. From our own days the case
of the Dogger Bank incident of 1904 may be quoted as an example, for it
was through the mediation of France that Great Britain and Russia agreed
upon the establishment of an International Commission of Inquiry. (See
p. 7, note 2.) And the good offices of the President of the United
States of America were the means of inducing Russia and Japan, in August
1905, to open the negotiations which actually led to the conclusion of
the Peace of Portsmouth on September 5, 1905.]
IV
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