Part 1 (1/2)

International Law.

by George Grafton Wilson and George Fox Tucker.

PREFACE

The authors have aimed to prepare a brief introduction to the subject of International Law. They have freely used the substantive material as found in cases, codes, etc., which involve the principles of International Law. Owing to the increasing importance of international negotiation, relatively more attention than usual has been given to matters connected with diplomacy. The appendices contain material which the authors have found advantageous to have easily accessible to each student. The study of this book should in all cases be supplemented by reference to a considerable number of the books mentioned in the bibliography.

PART I

GENERAL AND HISTORICAL

INTERNATIONAL LAW

CHAPTER I

DEFINITION AND GENERAL SCOPE

1. +Definition.+ (_a_) Philosophical: what ought to be.

(_b_) Scientific: what is.

2. +Divisions.+ (_a_) Public.

(_b_) Private.

3. +Scope.+

-- 1. Definition

International law may be considered from two points of view, viz.:--

(_a_) =From the philosophical point of view=, as setting forth the rules and principles which _ought to be observed_ in interstate relations.

(_b_) =From the scientific point of view=, as setting forth the rules and principles which _are_ generally observed in interstate relations.

Wheaton, D., 23: ”International law, as understood among civilized nations, may be defined as consisting of those rules of conduct which reason deduces, as consonant to justice, from the nature of the society existing among independent nations; with such definitions and modifications as may be established by general consent.” See also I.

Pradier-Fodere, pp. 8, 41.

Early writers treated especially of those principles which _ought to be_ observed in interstate action, and the wealth of quotation and testimony introduced to establish the validity of principles now considered almost axiomatic, is overwhelming. In the days of Ayala, Brunus, Gentilis, Grotius, and Pufendorf, all the argument possible was needed to bring states to submit to these principles. The conditions and relations of states have so changed that at the present time a body of fairly established rules and principles _are_ observed in interstate action, and form the subject-matter of international law.[1]

-- 2. Divisions

International law is usually divided into:--

(_a_) =Public international law=, which treats of the rules and principles which are generally observed in interstate action, and