Pax mundi : $b A concise account of the progress of the movement for peace by means of arbitration, neutralization, international law and disarmament — John Shaqi
Pax mundi : $b A concise account of the progress of the movement for peace by means of arbitration, neutralization, international law and disarmamentArnoldson, K. P. (Klas Pontus)
Philosophy
Pax mundi : $b A concise account of the progress of the movement for peace by means of arbitration, neutralization, international law and disarmament
Arnoldson, K. P. (Klas Pontus)
Arbitration (International law); International law; Neutrality
With respect to certain treaties of alliance, whose object is to
collect THE GREATEST POSSIBLE NUMBER OF BAYONETS as a mutual security
against other powers, who, on their side, seek to protect themselves
by uniting their forces, nobody can see in them anything else than a
guarantee for an armed peace, which, by the necessity of its nature,
leads to war.
If, on the contrary, by peace treaties are meant such international
contracts as are NOT WRITTEN IN BLOOD; such as relate to trade and
commerce, industry, art, science and so on, it would be in vain to seek
for a single instance of the breach of contract, either on the side of
the weaker or the stronger.
Neither can any example in our time be pointed to of open violation of
the rights of a small country in its quality of an independent State,
as long as these rights have stood under the mutual guarantee of the
great powers.
As evidence to the contrary, the London treaty of May 8th, 1853, has
been adduced, which was intended to secure Denmark's neutrality; the
Treaty of Paris, April 14th, 1856, respecting the Black Sea; and the
fifth article of the Peace of Prague in 1866. But here the fault lies
in a misunderstanding.
What the Treaty of London established was not the indivisibility of
Denmark, but of the Dano-German monarchy. The German territory was to
be fast linked to the Danish. This was admitted, as a principle, by the
treaty to be fitting and right, but the treaty contained no trace of
stipulations as to guarantee.
With respect to Russia's breach of treaty of the stipulations as to
her banishment from the Black Sea as a military power,[8] it must
be remembered that the representatives of the powers, and of Russia
also, on January 17th, 1871, signed a protocol, whereby it was
settled as an essential axiom in international law, that no power can
absolve itself from the obligations which are entered into by treaty
without the consent of the contracting parties. Therefore Russia
openly acknowledged that her declaration of not choosing to abide
by the injunctions stipulated for in the Treaty of Paris respecting
the Black Sea, was precipitate, and that, consequently, the treaty
was permanently in force until it was formally abrogated. This took
place in the new treaty of March 3rd, of the same year. Besides, here
comes in what was said above about the value of such treaties as are
concluded after brute force has determined the issue. And this not only
was the case in the Black Sea stipulations, but also with respect to
the unfulfilled promises of article 5 of the Treaty of Prague, whereby
the Danish people was to be given the opportunity for a plebiscite in
determining upon their reunion with Denmark. As to the peace treaties
between the lesser States, which certainly have important trade
relations one with another, but which, on account of their mutually
distant position, cannot reasonably be expected to go to war with each
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