The Geneva Protocol — John Stuart Mill — John Shaqi
The Geneva Protocol
John Stuart Mill · en
I am aware of the fact that such classification as the foregoing is
overlapping. Disputes as to the _status quo_ will to some extent fall
within the two classes first mentioned; they may relate therefore to
questions which are international or which are domestic in their
nature. However, I think the classification is justified, at least for
reasons of convenience, and also, in my opinion, for reasons which go
very much deeper.
Let me illustrate this by reference to questions arising from
frontiers. The existence and the location of a frontier are
essentially questions of international import. The location of a
frontier may, in a given case, not only be an international question in
the sense that it should be settled internationally, but also in the
sense that it is justiciable, according to the usual idea of
justiciable questions. This would be so in a case where the location
of the frontier depended wholly upon the interpretation of a treaty
between the two neighboring States.
But it is quite possible to imagine an international question regarding
a frontier which is not in any way justiciable; such, {16} for example,
was the question as to where the frontier between Poland and Russia
should be drawn after the World War.[4] That some frontier had to be
drawn was obvious; but there was no possible legal basis for
determining _where_ it should be drawn. The question was one of
judgment, to be settled by agreement between the parties, if possible;
or otherwise, if it was to be peacefully settled, by reference to some
sort of tribunal which would decide according to principles[5] of
equity, impossible to express in any precise legal formula. In other
words, the question was an international political one.
Again, suppose that the frontier between the two States has been
settled by agreement and that there is no doubt whatever where it is.
One of the two States desires to have that frontier changed; in other
words, desires that there shall be a cession of territory. Here is a
question of the _status quo_. In a sense it may be called
international, because it relates to an international frontier; but it
not only falls wholly outside any idea of justiciable questions in the
international sense, but also outside any idea of being a political
question which any tribunal whatever could decide on _any_ basis. In
other words, it is within that class of cases of an international
nature in regard to which two States _may_, if they choose, negotiate,
but in regard to which either one of them may at its pleasure refuse
even to consider negotiations.