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 ALABAMA QUESTION took its name from the privateer which went out
from Liverpool and occasioned the greatest devastation while the
war lasted. Although the executive of the Union at Washington duly
directed the attention of the English Government to the fact that
allowing the pirate to leave the English port would be equivalent to
a breach of the peace, yet the Government took no measures to prevent
the vessel leaving. The American Government, who with reason regarded
this omission as a violation of the laws of neutrality, claimed from
England full compensation for the property which had been destroyed
in the course of the civil war by the Southern privateer which came
from an English port. I have previously given more particularly the
constitution and functions of the Court of Arbitration appointed to
settle the threatening dispute which arose on this occasion. The
arbitration award had to be adjudicated in accordance with the three
following fundamental principles of international law:--
A neutral Government is bound:--
1. To guard assiduously against any vessel being armed or equipped
in its ports, which there is reason to believe would be employed for
warlike purposes against a peaceful power, and with equal assiduity to
prevent any vessel designed for privateering, or other hostility, from
leaving the domain of the neutral State:
2. Not to allow any belligerent power to make use of its ports or
harbours as the basis of its operations, or for strengthening or
repairing its military strength, or for enlisting:
3. To use every care within its ports and harbours and over all persons
within its domain, to prevent any violation of the obligations named.
The contracting parties to this treaty agreed to hold themselves
responsible for the future, and to bring them before the notice of
other Maritime powers, with the recommendation that they also should
enter into them.
The historical facts here produced show that the mutual interest
nations have in the inviolability of the seas has effectually
contributed to the development of an accepted international law.
When the necessity of making the principles of neutrality binding at
sea was once understood, it was not long before the value of adopting
them on land became apparent.
In the documents, for instance, by which Belgium, Switzerland and
Luxemburg are neutralized, it is distinctly stated that the permanent
neutrality of these States is in full accord with the true interests of
European policy.
According to the actual modern law of nations, there is a permanent
neutrality guaranteed by international deeds of law and treaties, and
one occasionally resting upon free decisions.[14]
As instances of permanent and guaranteed neutrality, we have: The
NEUTRALIZATION OF SWITZERLAND. Ever since the unhappy Italian war in
the beginning of the sixteenth century, the Swiss Confederation has
endeavoured to assure to the country the security which neutrality
gives.
Public-domain text, read in full here on John Shaqi.
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