The Geneva Protocol — John Stuart Mill — John Shaqi
The Geneva Protocol
John Stuart Mill · en
[19] Such as the intervention in Greece in 1827 by Great Britain,
France and Russia. See Hertslet's Map of Europe by Treaty, Vol. I, p.
769.
[20] See the Message of President McKinley, April 11, 1898, Foreign
Relations, 1898, p. 750 at p. 757.
[21] The Ethics of the Panama Question, Sen. Doc. 471, 63rd Congress,
2nd Session, p. 39.
[22] There is a reference to the _status quo_ in the General Report
(Annex C, p. 181), which uses this language:
"There is a third class of disputes to which the new system of
pacific settlement can also not be applied. These are disputes
which aim at revising treaties and international acts in force,
or which seek to jeopardise the existing territorial integrity
of signatory States. The proposal was made to include these
exceptions in the Protocol, but the two Committees were unanimous
in considering that, both from the legal and from the political
point of view, the impossibility of applying compulsory
arbitration to such cases was so obvious that it was quite
superfluous to make them the subject of a special provision.
It was thought sufficient to mention them in this report."
[23] For the view that this includes acts of force, even in the absence
of a state of war, see _infra_, p. 55.
[24] The other exception "when acting in agreement with the Council,"
etc., is not here material. It is discussed _infra_, p. 50.
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CHAPTER VIII.
DOMESTIC QUESTIONS.
The treatment in the Protocol of so-called domestic questions aroused a
great deal of discussion not only at the Assembly, last September, but
since the adoption there of the text.
It may be remembered that there was a similar public discussion at the
time of the drafting of the Covenant; in that document[1] a domestic
question is defined as "a matter which by international law is solely
within the domestic jurisdiction" of a State.
Among instances of domestic questions which have been mentioned from
time to time, perhaps the two most commonly referred to in this country
are the tariff and immigration. Of course it has been pointed out very
often that even such questions as these, however inherently domestic,
may become international as soon as they are made the subject of a
treaty, as they so frequently are. It should be added that almost any
question, no matter how "domestic" in its nature originally, _may_
become the subject of international cognizance by virtue of a treaty.
There are many treaties of the United States which have related to such
questions as the inheritance of land, the right to administer the
estates of decedents, etc.; a very recent instance is a treaty between
this country and Canada regarding the protection of migratory birds, a
treaty which has been upheld as valid by the Supreme Court.[2]