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
The foundations of modern Europe were laid in war.
During the Crusades the whole of our continent was under arms. The
struggle against the "infidel" was not simply a contest between one
State and another, it was also a contest between Christian Europe and
Mohammedan Asia. To be neutral in such a struggle would, according to
the judgment of the time, have been equivalent to denying the faith.
Within the European States, feudalism exerted no less a hindrance to
the embodiment of the principle of neutrality. It would have been
thought the gravest crime to loosen the bond of military service which
compelled vassals to support with arms the cause of their feudal lords.
It was only with the close of the age of feudalism, when Europe began
to separate into three or four great monarchies, that neutrality in
politics became a means of preserving the balance.
In later times increasing COMMUNICATION and TRADE have above all
contributed to the development of neutral laws. Without the sanction
of these, a naval war between two great nations would have made any
maritime trade all but impossible. Down to the close of the last
century, however, neutral rights were dependent either on national
statutes or on special treaties concluded between one State and
another. The law only gained certain international importance towards
the close of the eighteenth century through the NEUTRAL ALLIANCES which
from time to time were contracted between States.
In the period between 1780 and 1856 the subject gained an entrance by
degrees among all maritime nations except England, who, independent
of it, and always relying on her own strength, continuously sought to
maintain unlimited domination at sea.
In 1854-56 begins, so far as neutrality is concerned, a new era of
international law.
From this time the opposition which England raised to the practical
application of neutrality in naval war may be regarded as having
broken down. On the 30th of March, 1854, the French Minister of Foreign
Affairs, Drouyn de Lhuys, published a communication, including, amongst
other things, that the neutral flag during the then begun (Crimean)
war, should be regarded as a protection for all neutral and hostile
private property, except contraband of war. The same day the English
Government gave forth in the _London Gazette_ a similar declaration,
and on April 19th of the same year the Russian Government notified in
the _Official Gazette_ of St. Petersburg that Russia would, during that
war, act upon the same rules as the Allied powers.
The provisions, which thus the Western powers on one side, and
Russia on the other, believed themselves bound to observe towards
neutral states, were at the Peace of Paris, 1856, solemnly ratified
as International Law in force for all time. The principles which the
plenipotentiary signatories of the Peace Treaty of Paris agreed upon in
a proclamation of April 16th, 1856, are as follows:--
Public-domain text, read in full here on John Shaqi.
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