The Laws of War, Affecting Commerce and ShippingThomson, H. Byerley (Henry Byerley)
History
The Laws of War, Affecting Commerce and Shipping
Thomson, H. Byerley (Henry Byerley)
Maritime law; War (International law); War, Maritime (International law)
"The seat of judicial authority is indeed locally _here_ in
the belligerent country, according to the known law and
practice of nations; _but the law itself has no locality_.
It is the duty of the person who sits here to determine this
question exactly as he would determine the same question, if
sitting at Stockholm; to assert no pretensions on the part
of Great Britain, which he would not allow to Sweden in the
same circumstances; and to impose no duties on Sweden, as a
neutral country, which he would not admit to belong to
_Great Britain_, in the same character. If, therefore, I
mistake the law in this matter, I mistake that which I
consider, and which I mean should be considered, as
UNIVERSAL LAW upon the question."
When an Admiralty Judge investigates the law in this impartial spirit,
he occupies the grand position of being in some respects the director
of the deeds of nations; but with equal certainty does the taint of an
unjust bias poison all his authority; his judgments are powerful then
only for evil; they bind no one beyond the country in which he sits,
and may become the motive and origin of reprisal and attack upon his
native land.
As the authority of the international judge depends on his integrity,
so also does the universal law arise from, and remain supported by,
the true principles of right and justice; in other words, by the
fundamental distinction between right and wrong. A statute, a despotic
prerogative, and an established principle of common law, rest upon
different sanctions. They may be the causes of the greatest injustice,
may sow the seeds of national ruin, and yet may even require
revolutions for their reformation; but any one of the laws of nations
preserves its vitality, only with the essential truth of its
principles; a change in the feeling of mankind on the great question
of real justice, destroys it, and it simply remains an historical
record of departed opinion, or a point from which to date an advance
or retreat in the career of the human mind.
It is for this reason that International Law has been so differently
defined by writers at various periods.
The Law of Nations is _founded_, I have said, on the general
principles of right and justice, on the broad fundamental distinctions
between right and wrong, or as Montesquieu defines it, "on the
principle that nations ought in time of peace to do each as much good,
and in time of war as little harm as possible." These are the
principles from which any rule must be shown to spring, before it can
be said to be a rule for international guidance. But what are the
principles of right and wrong? These are not left to the individual
reason of the interpreter of the law for the time being, but are to be
decided by the _public opinion of the civilized world_, as it stands
at the time when the case arises.
Public-domain text, read in full here on John Shaqi.
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