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PART IV

INTERNATIONAL DIFFERENCES

WILS.INT.L

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81. In general, international differences are either legal or political in nature.

Legal differences between states may arise in consequence of views as to the construction of treaties or other agreements, or through conflicts involving principles of international law. Political differences usually involve conflict of public interests or national policy.

It is not in practice always possible to separate the legal and political, and it is usually possible to find a legal ground upon which to advance a political claim, if a cause for disagreement is sought by a state.

In general, however, legal differences are more easily settled by amicable or judicial methods, while political differences often lead to some use of force.

The amicable means of settlement of international differences include negotiation, good offices, commissions of inquiry, arbitration, and congresses and conferences. The non-amicable means of redress short of war include breaking of diplomatic relations, retorsion, reprisal, of which embargo is a form, non-intercourse, display or restricted use of force, including pacific blockade, and intervention.

NEGOTIATION.

82. Negotiation through the regular interstate agents is the customary method of settling differences between states.

The procedure in case of negotiation is ordinarily as follows: One state presents its claim; the other replies; if there is then disagreement, a conference or an exchange of communications ensues, and agreement is reached. In some instances claims, particularly of a financial nature, have been the subject of diplomatic negotiation for many years. The "Mora claim," made by the United States against Spain in behalf of a naturalized citizen whose property had been confiscated in Havana in 1870, was the subject of much negotiation for twenty-five years, until settled by the payment of $1,500,000.1

GOOD OFFICES AND MEDIATION.

83. The part of a state tendering good offices or mediation "consists in reconciling the opposing claims and appeasing the feelings of resentment which may have arisen between the states at variance." 2

At the Second Hague Conference in 1907, the states of the world agreed, by a convention generally signed, "in case of serious disagreement or dispute, before an appeal to arms, *** to have recourse so far as circumstances allow to good offices or mediation of one or more friendly powers." "3 Third powers have the right to offer mediation, and it shall be regarded as a friendly act. The functions of a mediator end. when either party declines mediation, and mediation is in all cases in the nature of advice, and the parties at difference are not bound to accept it or to suspend preparations for or operations of war through the acceptance of mediation.*

1 Foreign Relations U. S. 1895, p. 1171.

2 Convention for Pacific Settlement of International Disputes, The Hague, 1907, art. 4, Appendix, p. 520.

8 Id. art. 2, Appendix, p. 520.

4 Id. title II, contains general provisions in regard to good offices and mediation.

Since 1850 mediation or good offices have been tendered by the United States in many instances of disputes between South American states and the proffer has often been accepted. Similarly states have tendered good offices in most cases where the relations of states have become seriously strained in recent years.

On June 8, 1905, President Roosevelt tendered his good offices to the Russian and Japanese governments with a view to terminating the war between those two states. Identical dispatches were sent to the two governments as follows:

"The President feels that the time has come when, in the interest of all mankind, he must endeavor to see if it is not possible to bring to an end the terrible and lamentable conflict now being waged. With both Russia and Japan the United States has inherited ties of friendship and good will. It hopes for the prosperity and welfare of each, and it feels that the progress of the world is set back by the war between these two great nations. The President accordingly urges the Russian and Japanese governments, not only for their own sakes, but in the interest of the whole civilized world, to open direct negotiations for peace with one another. The President suggests that these peace negotiations be conducted directly and exclusively between the belligerents-in other words, that there may be a meeting of Russian and Japanese plenipotentiaries or delegates without any intermediary, in order to see if it is not possible for these representatives of the two powers to agree to terms of peace. The President earnestly asks that the Russian government do now agree to such meeting, and is asking the Japanese government likewise to agree. While the President does not feel that any intermediary should be called in in respect to the peace negotiations themselves, he is entirely willing to do what he properly can, if the two powers concerned feel that his services will be of aid in arranging the preliminaries as to the time and place of meeting; but if even these preliminaries can be arranged directly between the two powers, or in any other way, the President will be glad, as his sole purpose is to bring about a meeting which the whole civilized world will pray may result in peace."

The good offices of the President were accepted, and the

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