Essays and Notes concerning International Law frequently appear also in the Journal du droit international privé et de la Jurisprudence comparée (Clunet), the Archiv für öffentliches Recht, The Law Quarterly Review, The Law Magazine and Review, The Journal of the Society of Comparative Legislation, The American Law Review, the Annalen des deutschen Reiches, the Zeitschrift für das privat- und öffentliche Recht der Gegenwart (Grünhut), the Revue de droit public et de la science politique (Larnaude), the Annales des sciences politiques, the Archivio giuridico. CHAPTER I INTERNATIONAL PERSONS I SOVEREIGN STATES AS INTERNATIONAL PERSONS Vattel, I. §§ 1-12-Hall, § 1-Lawrence, § 42-Phillimore, I. §§ 61-69 -Twiss, I. §§ 1-11-Taylor, § 117-Walker, § 1-Westlake, I. pp. 1-5, 20-21-Wheaton, §§ 16-21-Ullmann, § 10-Heffter, § 15 -Holtzendorff in Holtzendorff, II. pp. 5-11-Bonfils, Nos. 160-164 -Despagnet, Nos. 69-74-Pradier-Fodéré, I. Nos. 43-81-Nys, I. pp. 329-356-Rivier, I. § 3-Calvo, I. §§ 39-41-Fiore, I. Nos. 305309-Martens, I. §§ 53-54. apparent tional $63. The conception of International Persons is Real and derived from the conception of the Law of Nations. InternaAs this law is the body of rules which the civilised Persons. States consider legally binding in their intercourse, every State which belongs to the civilised States, and is, therefore, a member of the Family of Nations, is an International Person. Sovereign States exclusively are International Persons-i.e. subjects of International Law. There are, however, as will be seen, full and not-full Sovereign States. Full Sovereign States are perfect, not-full Sovereign States are imperfect International Persons, for not-full Sovereign States are for some parts only subjects of International Law. In contradistinction to Sovereign States which are real, there are also apparent, but not real, International Persons-namely, Confederations of States, insurgents recognised as a belligerent Power in a Conception of the State. civil war, and the Holy See. All these are not, as will be seen,1 real subjects of International Law, but in some points are treated as though they were International Persons, without becoming thereby members of the Family of Nations. It must be specially mentioned that the character of a subject of the Law of Nations and of an International Person can be attributed neither to monarchs, diplomatic envoys, and private individuals, nor to chartered companies, nations, or races after the loss of their State (as, for instance, the Jews or the Poles), and organised wandering tribes.2 § 64. A State proper-in contradistinction to socalled Colonial States-is in existence when a people is settled in a country under its own Sovereign Government. The conditions which must obtain for the existence of a State are therefore four: There must, first, be a people. A people is an aggregate of individuals of both sexes who live together as a community in spite of the fact that they may belong to different races or creeds, or be of different colour. There must, secondly, be a country in which the people has settled down. A wandering people, such as the Jews were whilst in the desert for forty years before their conquest of the Holy Land, is not a State. But it matters not whether the country is small or large; it may consist, as with City States, of one town only. There must, thirdly, be a Government--that is, one 1 See below, §88 (Confederations of States), § 106 (Holy See), and Vol. II. §§ 59 and 76 (Insurgents). 2 Most jurists agree with this opinion, but there are some who disagree. Thus, Heffter ($ 48) claims for monarchs the character of subjects of the Law of Nations, and Lawrence (§§ 42, 54, 55) claims that character for corporations and individuals. The matter will be discussed below in §§ 288, 290 344, 384. |