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THE PRINCIPLES OF wto INTERNATIONAL LAW BY T. J. LAWRENCE, M.A., LL.D. MKMUKR OF THE INSTITUTE OF INTERNATIONAL LAW HONORARY FELLOW OF DOWNING COLLEGE, CAMBRIDGE RECTOR OF UPTON LOVEL READER IN INTERNATIONAL LAW IN THE UNIVERSITY OF BRISTOL LATE LECTURER ON INTKRNATIONAL LAW AT THE ROYAL NAVAL WAR COLLEGE SOMETIME PROFESSOR OF INTERNATIONAL LAW IN THE UNIVERSITY OF CHICAGO AUTHOR OF 'WAR AND NEUTRALITY IN THE FAR EAST,' 'A HANDBOOK OF PUBLIC INTERNATIONAL LAW,' ETC. FOURTH EDITION, REVISED AND REWRITTEN D. C. HEATH & BOSTON CO., NEW YORK PUBLISHERS CHICAGO COPYRIGHT, 1895 AND 1910 BY LAWRENCE T. J. ENTERED AT STATIONERS' HALL I A 2 PREFACE TO THE FOURTH EDITION THE present edition The old book is practically a new work. and with it the original divisions of of this title is retained, But much of the old matter has been replaced by new, and the greater part of the remainder has been so altered by rearrangement, excision, and addition, as to be in the subject. Here and there, however, especially in the few pages remain untouched. The book was first published fifteen years ago. Since then we have seen the Spanish- American War, the Boer War, and the Russo-Japanese War, the two Hague Conferences with their Sixteen Conventions, the revised Geneva Convention, the Naval Conference with its epoch-making Declaration of London, the emergence of Japan as a Great Power and of Latin America as a force to be reckoned with in international transactions, the Pan-American Congresses (except the first) and the Central American Peace Conference, the revision of the maps of Southern Africa and Eastern Asia, the conversion of the United States into a maritime and colonizing power, the transformation of Turkey and the ferment in India and China, the readjustment of the balance of power in Europe more than once, and the creation of a world-balance effect new. earlier chapters, a in addition. The international jurist looks out on a it, or rather a and finds a new spirit abroad in and more energetic manifestation of a earth, new new spirit as old as the International Law was in its beginnings of his science. to an some kind of curb on the pasimpose attempt origin sions of warriors, and substitute for brute force an appeal to mutual relations of states. And in the last few years there has been far greater progress toward these justice in the iii iv PREFACE TO THE FOURTH EDITION ends than has ever manifested itself before in an equal space of time. The two Hague Conferences have given an enormous imAmong other pulse to the forces that make for peace. for means have achievements, they calling into provided existence Arbitral Tribunals, and regulated procedure before them. Already this machinery has been used on several occasions with happy results. And, further, the hint given in the Hague Convention for the Pacific Settlement of International Disputes, that in default of a general treaty of arbitration each power might make separate treaties with its neighbors, has been so eagerly taken that considerably more than a hundred such treaties have been negotiated, and are still in force. This has been done for the prevention of war. For the mitigation of intercourse, we it, and the proper conduct of peaceful Hague Conventions and other have, in the documents accepted by the great body of civilized states, a statute book of the law of nations. Authoritative tribunals to interpret and