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governments, and at the same time, by pointing out in
recommended, to show what the former really are at the present time.
A Code is a digest of law, moulded into distinct propositions, and arranged in scientific order. An international
as far as it goes, or rather one chapter of a Code. The fact that such a treaty has been made between sixteen different nations is proof that a general treaty can be made embracing one subject. Why may it not be made to embrace all, or, if not all, nearly all, subjects of international concern?
Since the first edition, several events of much significance in the history of international law have happened: the formation of two international societies for the study and improvement of the law of nations; the conference held at Brussels on the invitation of the Emperor of Russia, and the
the different states of North and South America.
The Institute of International Law was founded at Ghent, on the roth of September, 1873. It is an exclusively scientific association, whose object is to favor the progress of international law, formulate its general principles, and give assistance to any serious endeavor for its gradual and progressive codification. The number of active members is limited to fifty. There have been two sessions since the first, one at Geneva, in September, 1874, and the other at the Hague, in August, 1875.
The Association for the Reform and Codification of the Law of Nations was founded at Brussels, on the roth of October, 1873, and consists not only of jurists, but of men known as statesmen, economists, and philanthropists, with the view not only of adding its labors to those of the Institute, but of aiding by independent methods the reform and codification of the law of nations, so as to promote pacific relations between the nations and the progress of international civilization. The two associations are really complements of each other.
The Brussels conference was called by the Emperor of Russia with a view to ameliorate the usages of war, or, to use an expression of an eminent French publicist, to promote “ the civilization of war.” The recommendations of the Conference are given in the appendix to this volume. The proposition of the government of Peru is also given in the appendix. I can not but express my regret that neither the invitation of the Emperor of Russia nor that of the government of Peru has been accepted by the government of the United States.
David DUDLEY Field.
NEW YORK, July, 1876
PREFACE TO THE FIRST EDITION.
This work should be taken for what its name imports : the “Draft Outlines of an International Code.” It is not put forth as a completed Code, nor yet as the completed outlines of a Code, but as a draft of the outlines. It is intended for suggestion, and is to undergo careful and thorough revision. The present volume is but a part of the whole work. Another will appear in a few months, treating of the modifications in the relations of nations, and of their members, to each other, produced by a state of War.
The history of the undertaking is this: At the meeting of the British Association for the Promotion of Social Science, held at Manchester, in September, 1866, 1 ventured to propose the appointment of a committee to prepare and report to the Association the Outlines of an International Code, with the view of having a complete Code formed, after careful revision and amendment, and then presented to the attention of governments, in the hope of its receiving, at some time, their sanction. The proposition was favorably received, and a committee was appointed, consisting of jurists of different nations. In the distribution of the labor among the members of the committee a portion was assigned to me. It was at first understood that, after preparing their respective portions, the members should interchange them with each other, and then meet for the revision of the whole and the completion of the joint production. But the distance of the members from each other has made it difficult for them to take note of each others' progress, and to interchange their respective contributions with advantage, previous to a general meeting for consultation and revision. I have therefore thought it most convenient, for the other members of the committee as well as for myself, to present my own views of the whole work, by essaying a draft of the whole, hoping that my colleagues may do the same. However little my labors may be worth, I submit them, though with great diffidence, as my contribution to the general design.
The scheme embraced not only a codification of existing rules of international law, but the suggestion of such modifications and improvements as the more matured civilization of the present age should seem to require. The purpose was to bring together whatever was good in the present body of public law, to leave out what seemed obsolete, unprofitable or hurtful, and then to add such new provisions as seemed most desirable. The Code which the Association would propose is such an one as should win the commendation of good and wise men, for international regulations, in the interests of humanity and peace. With the view of aiding in the formation of such a Code, the present work has been undertaken. What in it is old will generally be found explained and justified by the notes; what in it is new is suggested for the consideration of those who think that much may yet be done by the authority of public law for the peace and prosperity of the world.
There will of course be found many omissions and many mistakes. In the progress of the work some provisions have been introduced which require a modification of earlier ones, but they will be readily perceived. Thus the word “league" was in some instances used to designate a measure of dis. tance, before the details of the Title on “ Weights and Measures ” were fixed upon.