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
See the literature quoted above in vol. I. at the commencement of
§ 134.
[Sidenote: Intervention in contradistinction to Participation in a
difference.]
§ 50. Intervention as a means of settling international differences is
only a special kind of intervention in general, which has already been
discussed.[54] It consists in the dictatorial interference of a third
State in a difference between two States for the purpose of settling the
difference in the way demanded by the intervening State. This
dictatorial interference takes place for the purpose of exercising a
compulsion upon one or both of the parties in conflict, and must be
distinguished from such attitude of a State as makes it a party to the
very conflict. If two States are in conflict and a third State joins one
of them out of friendship or from any other motive, such third State
does not exercise an intervention as a means of settling international
differences, but becomes a party to the conflict. If, for instance, an
alliance exists between one of two States in conflict and a third, and
if eventually, as war has broken out in consequence of the conflict,
such third State comes to the help of its ally, no intervention in the
technical sense of the term takes place. A State intervening in a
dispute between two other States does not become a party to their
dispute, but is the author of a new imbroglio, because such third State
dictatorially requests those other States to settle their difference in
a way to which both, or at any rate one of them, objects. An
intervention, for instance, takes place when, although two States in
conflict have made up their minds to fight it out in war, a third State
dictatorially requests them to settle their dispute through arbitration.
[Footnote 54: See above, vol. I. §§ 134-138.]
Intervention, in the form of dictatorial interference, must, further, be
distinguished from such efforts of a State as are directed to induce the
States in conflict to settle their difference amicably by proffering its
good offices or mediation, or by giving friendly advice. It is,
therefore, incorrect when some jurists[55] speak of good offices and the
like as an "amicable" in contradistinction to a "hostile" intervention.
[Footnote 55: Thus, for instance, Rivier, II. § 58. See also above, vol.
I. § 134.]
[Sidenote: Mode of Intervention.]
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