Pax mundi. Arnoldson Klas Pontus. Читать онлайн. Newlib. NEWLIB.NET

Автор: Arnoldson Klas Pontus
Издательство: Public Domain
Серия:
Жанр произведения: Зарубежная классика
Год издания: 0
isbn:
Скачать книгу
committee which met in Washington to arrange the impending fishery question between Great Britain, Canada and the United States, decided to recommend the creation of a permanent tribunal of arbitration for adjusting future disputes respecting these relations; also:

      That the council of the Swiss Confederation, at the combined request of Portugal and of the Congo State Government has undertaken to arbitrate the possible disputes which may arise respecting the regulation of boundaries amongst their African territories.

      Besides these and other instances which I am acquainted with, many others have certainly taken place, though attracting less attention.

      The idea of arbitration goes peacefully and quietly forward, and the world therefore takes little notice of it.

      It is quite otherwise with the crash of war, whose external show of greatness and glory, and whose inward hatred and crime, are desolating the happiness of the nations and are accompanied by distress and gloom.

      The one is a fearful hurricane which rends the mountains and breaks in pieces the rocks.

      The other is the still small voice, mightier than the devastating storm, since it speaks to us in the name of everlasting righteousness, because it is the voice of God.

      NEUTRALITY

      Side by side with the idea of arbitration, another pacific idea, already powerful, is pressing forward, and growing into an International Law, namely, the Law of Neutrality.

      He is neutral, who neither takes part for, nor against, in a dispute. Neutrality is the impartial position which is not associated with either party. The State is called neutral which neither takes part in a war itself, nor in time of war sides with any of the warring parties.

      In ancient times neutrality was not understood as a national right. Neither the Greek nor the Latin language has any word to express the idea. In the days when Roman policy was seeking to drag all the nations of the earth into its net, the Romans saw in other peoples only tributaries who had been subdued by their armies, subject nations who had submitted to the Roman yoke, allies who were compelled to join in their policy of conquest, or lastly enemies, who sooner or later would have to bow before their victorious legions. Neutral States there were none.

      The centuries immediately following the dissolution of the Western Roman Empire were filled with constant strife. This continued long before the refining power which exists in the heart of Christianity began to show itself in the foreign relations of States.

      The foundations of modern Europe were laid in war.

      During the Crusades the whole of our continent was under arms. The struggle against the "infidel" was not simply a contest between one State and another, it was also a contest between Christian Europe and Mohammedan Asia. To be neutral in such a struggle would, according to the judgment of the time, have been equivalent to denying the faith. Within the European States, feudalism exerted no less a hindrance to the embodiment of the principle of neutrality. It would have been thought the gravest crime to loosen the bond of military service which compelled vassals to support with arms the cause of their feudal lords. It was only with the close of the age of feudalism, when Europe began to separate into three or four great monarchies, that neutrality in politics became a means of preserving the balance.

      In later times increasing communication and trade have above all contributed to the development of neutral laws. Without the sanction of these, a naval war between two great nations would have made any maritime trade all but impossible. Down to the close of the last century, however, neutral rights were dependent either on national statutes or on special treaties concluded between one State and another. The law only gained certain international importance towards the close of the eighteenth century through the neutral alliances which from time to time were contracted between States.

      In the period between 1780 and 1856 the subject gained an entrance by degrees among all maritime nations except England, who, independent of it, and always relying on her own strength, continuously sought to maintain unlimited domination at sea.

      In 1854-56 begins, so far as neutrality is concerned, a new era of international law.

      From this time the opposition which England raised to the practical application of neutrality in naval war may be regarded as having broken down. On the 30th of March, 1854, the French Minister of Foreign Affairs, Drouyn de Lhuys, published a communication, including, amongst other things, that the neutral flag during the then begun (Crimean) war, should be regarded as a protection for all neutral and hostile private property, except contraband of war. The same day the English Government gave forth in the London Gazette a similar declaration, and on April 19th of the same year the Russian Government notified in the Official Gazette of St. Petersburg that Russia would, during that war, act upon the same rules as the Allied powers.

      Конец ознакомительного фрагмента.

      Текст предоставлен ООО «ЛитРес».

      Прочитайте эту книгу целиком, купив полную легальную версию на ЛитРес.

      Безопасно оплатить книгу можно банковской картой Visa, MasterCard, Maestro, со счета мобильного телефона, с платежного терминала, в салоне МТС или Связной, через PayPal, WebMoney, Яндекс.Деньги, QIWI Кошелек, бонусными картами или другим удобным Вам способом.

      1

      Mazzoleni, in his "L'Italia nel movimento per la Pace," gives twenty instances. See pp. 58, 59. trans.

      2

      On a motion by Ruggiero Bonghi, supported by Crispi in a speech in which he said that the future d

1

Mazzoleni, in his "L'Italia nel movimento per la Pace," gives twenty instances. See pp. 58, 59. trans.

2

On a motion by Ruggiero Bonghi, supported by Crispi in a speech in which he said that the future depended upon a European tribunal of arbitration.

3

See Martens' "Nouveau recueil général," xiv. p. 32 (art xxi.), and Calvo, "Droit International," II., § 1499.

4

According to a Manuscript by President Louis Ruchonnet, addressed to F. Bajer.

5

See "Svensk förfaltningssamling," 1869, No. 74, page 26, and "Lois Beiges," 1869, No. 36, § 24. In the Swedish-Siamese treaty, art. 25, it is stated: "Should any disagreement arise between the contracting parties which cannot be arranged by friendly diplomatic negotiation or correspondence, the question shall be referred for solution to a friendly neutral power, mutually chosen, whose decision the contracting powers shall accept as final." Similar agreements are to be concluded between Italy and Switzerland, Spain and Uruguay, Spain and Hawaii, and between France and Ecuador.

6

The Treaty is given word for word in the Herald of Peace, July, 1883.

7

In this treaty, which was concluded at Stockholm, Nov. 21st, 1855, the King of Norway and Sweden bound himself not to resign to Russia, or to barter with her, or otherwise allow her to possess, any portion of the territory of the united kingdoms, nor to grant to Russia right of pasture or fishery, or any similar rights, either on the coast of Norway or Sweden. Any Russian proposal which might be made under this head must be made directly to France or England, who then by sea and land must support us by their military power. A glorious contrast to the declaration of neutrality, Dec. 15th, 1853!

8

Conquered Russia had to bind herself, at the conclusion of peace, not to keep war ships