ment not only between territorial claims but an arrangement with reg
moor in the House of Lords in March of 1918. It shows that the idea of a League of Nations to prevent war is taking definite shape, and is not regarded by practical men-statesmen with experience of the actual conduct of international affairs, and lawyers
Edward Grey, were working for peace was rejected, to put forward a definite proposal for dealing with the dispute in a manner provided for by previous agreement." Lord Parker, whose authority carries the greatest weight with jurists everywhere, having the true lawyer's instinct for putting vague proposals into definite shape, actually presented a draft of heads of agreement for the establishment of a League.[1] These heads would, to say the least, form the basis for discussion leading to practical results. One or two of his proposed clauses may be quoted as expressing in definite language the fundamental principles which must be the basis of any such Leag
contemplated, and rightly contemplated, that there should be a possibility for the Central Empires to join the League sooner or later, but it can only be on terms of their rulers at the time saying expressly, "We abjure in the sight of the world and of our own people those principles of action which German rulers and leaders of thought have been inculcating for two generations." The choice for Germany would be either to stand excommunicated from the brotherhood of nations for ever, or to say plainly, "I declare what my professors and schoolmasters have for half a century had
nce. It may be well to note that throughout this discussion the word sanction is used in the strict legal sense, meaning some definite penalty or punishment to be
on every member should (a) break off diplomatic relations with the nation guilty of such act; (b) prohibit and take effective steps to prevent all trade and commerce
ournal "Scientia" in 1916. "The nations might agree that any belligerent which wilfully violates or invades neutral territory shall be treated as a moral leper. Without
rimes of its rulers and incidentally to secure for ourselves a valuable extension of trade by reason of the exclusion of a rival. (b) It may mean a temporary measure to insure that agreed terms of peace are observed by those who disregard "mere scraps of paper," to act as a guarantee that restitution shall be made for wrongs done, to check the revival and extension of the enemy's armaments, to make the German people feel the disadvantages and loss caused by t
cheme is of a still more serious characte
agree, if required to do so by a resolution of the League, to commence war against the guilty nation, and to prosec
would be intolerable. Suppose, for example, the United States demanded satisfaction for some outrage on American subjects, or suppose American subjects were threatened with massacre in some unsettled country such as Mexico, and in order to obtain satisfaction or to protect its subjects sent some warships to a Mexican port and landed an armed force, not with any object of aggression, but to prevent irreparable injuries. Suppose Great Britain was of opinion that the American demand was amply justified, but that a majority of representatives of the League, or even, as Lord Parker's scheme suggests, a majority of the powers named in the Schedule, took a contrary view and called on Great Britain to fulfil the agreement to use her naval force and commence and prosecute to the bitter end a war against the United State
teeing the neutrality of Belgium. Even for a single specific agreement of this kind a very strong case is required, but that is a totally different thing from agreeing to provide a kind of world police to enforce and execute the orders of a Council of heterogeneous States under conditions the nature of which no one can predict now. We cannot tell beforehand with any certainty what will be the real character of the proposed League Council, nor what motives may inspire its members at some future time, nor whom the majority of them will in fact represent. It does not necessarily follow that there can be no sanction of any kind to enforce the rules of International Law or the decisions of a League of Nations to prevent a breach of international peace, no penalty attaching to those who disregard those rules or are guilty
r certain of its members to make war do not in any way prevent the establishment of international tribunals being followed by useful results. Without any express sanctions to enforce them as above suggested, their decisions will usually be obeyed in practice. There is and will be plenty of scope for the action of such tribunals. A nation may hate war, may recognise its perils and the inevitable losses involved, but may feel that an unwarrantable claim is being made against it which it is bound to resist. It may, however, be perfectly willing to submit the point to any tribunal which even purports to be impartial, and abide by its decision. In this way some systems of law have grown up. They began by regulating procedure. Each of two parties claimed something as his property, was ready to fight to maintain his right; but such contests might result in injustice, and were certainly injurious to the peace of the State. In early Roman Law each party who claimed the object in dispute touched it with his spear, showing his readiness to fight for it; then some respected citizen-vir pietate gravis-stepped in, and each party, without fear that his refraining from fighting would expose him to future encr
tle. The words of the Douglas when intervening in a heated contest, "The first who strikes shall be my foe," may sometimes be a model for the real peacemaker. But he would certainly h
TNO
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en they are most sorely needed. There are many good lawyers, many judicial minds acute in seizing the really relevant points in a complicated case, but very few, p
2
hed some months before the debate took place, but which I had not s
troyed at the moment when a German Government pledges itse