PREFACE ALTHOUGH this treatise on the Law of Nations appears in two volumes, it is intended to be an elementary book for those who are beginning to study International Law. It is a book for students written by a teacher. The majority of the people in this country who take an interest in International Law are not jurists and have no legal training, as my classes at the London School of Economics and Political Science (University of London) show. For this reason, in lectures as well as in a treatise on the Law of Nations, certain truisms must be repeated again and again, and much that is obvious to the trained jurist must, to insure comprehension, be pointed out at some length. My work endeavours to give a complete survey of the subject. All important points are discussed, and in notes the reader is referred to other books which go more deeply into the subject. And the list of treatises as well as monographs printed at the commencement of each topic will, I hope, be welcome to those who desire to look up a particular point. There is no English treatise which provides such a bibliography. Naturally, my catalogue is not exhaustive, although English, French, German, Italian, Russian, Swiss, Belgian, Portuguese, American, and Spanish-American authors are represented. And as a rule I have avoided giving references to articles contained in periodicals. But my readers will find these as well as other references in the books quoted. In any case they will know where to find something on any subject in which they take a special interest. That I have everywhere quoted Phillimore, Twiss, and Hall, and have as regards the detail of many points referred my readers to these classics of international jurisprudence, was a matter of course. I should, however, specially mention that I had to quote Hall's treatise in its fourth edition (1895) because the editor of the fifth edition has abandoned the section-marks (§§) in the divisions of the book. I have tried to the best of my power to build my system and my doctrines on a thorough jurisprudential, which is equivalent to a positive, basis. My definitions are as sharp as possible. Readers may be assured that those definitions in my book which are more or less ambiguous have been intentionally so framed because the actualities on which they are based are not altogether clear. My system itself is, I hope, lucid in its arrangement of topics. An Introduction deals with the Foundation of International Law and gives a sketch of its Development and Scientific Treatment. The First Part comprises the whole matter concerning the Subjects of the Law of Nations-viz. the States and those of their relations which are derived from their very membership of the Family of Nations. The Second Part deals with the Objects of the Law of Nations-namely, State Territory, the Open Sea, and Individuals. As the States possess Organs for their International Relations, these Organs are treated in the Third Part. The Fourth Part, which deals with International Transactions, concludes the first volume, except for an Appendix comprising the text of the Anglo-French Agreement. The second volume, which is ready in the draft and to which readers are frequently referred in the notes in this first volume, will appear next year and will deal with the Settlement of International Differences, War, and Neutrality. As regards the method pursued, I should like to point out that I have everywhere endeavoured to let differences of opinion appear in a clear light. It is necessary that those who seek information in a treatise should find an opinion for their guidance. For this reason I have everywhere tried to establish either the opinion I approve or my own opinion as firmly as possible, but I have nearly always taken pains to put other opinions, if any, before my readers. The whole work, I venture to hope, contains those suggestive and convincing qualities which are required in a book for students. Yet I have, on the other hand, been careful to avoid pronouncing rules as established which are not yet settled. My book is intended to present International Law as it is, not as it ought to be. I owe thanks to many friends for advice and assistance. I must specially mention Mr. W. J. |