London have been more as to its omissions rather than as to its agreements and results.

36. Events since 1909 Bearing upon International Law.Events occurring since the London naval conference that have a direct and indirect bearing upon international law may be mentioned in closing this chapter upon the development of modern international law. They will be referred to more fully later under their various headings. The first, chronologically speaking, was the arbitration at The Hague between the United States and Great Britain as to the disputes arising from the interpretation of the treaty of 1818 on the subject of fishery rights on the coasts of Newfoundland, Labrador, etc. (this took place in 1910 and involved a definition of territorial waters); the questions of intervention and mediation in certain Latin-American states; matters involved in the formation of the state of Panama and the use of the Panama Canal; the fate of the arbitration treaties of the United States; the progress of the codification of maritime international law, including the action of the Institute of International Law at Oxford in 1913; the Turkish-Italian and Balkan Wars of 1913 and the questions incident thereto, and especially the deliberations and actions of the great European powers. To this may be added the many questions involved in the great European war in progress in 1914.

TOPICS AND REFERENCES

1. The Thirty Years' War and the Peace of Westphalia

Walker, "Science of International Law," 72, 89, etc., 247. Wheaton's "History of the Law of Nations," 69. Bernard, "Lectures on Diplomacy," II, chap. VII.

2. The Successors of Grotius

A. D. White, "Seven Great Statesmen," 113, 161. Wheaton, "History of Law of Nations," 193, 200, 219-229, 309–322. Hershey, "Essentials," 59-63.

3. From the Peace of Westphalia until the Peace of UtrechtWheaton, "History of Law of Nations," 78, etc. Walker, "Science of International Law," 74. Oppenheim, 2d ed., 61, 62, 63.

4. From the Peace of Utrecht to the Outbreak of the French RevolutionWheaton, "History of the Law of Nations," 87, 106, 210. Hosack, "Rise and Growth of Law of Nations" (1882), chaps. VIII-X. Oppenheim, 2d ed., 64-65. Halleck, Baker's 4th ed., 21, 22.

5. From the French Revolution to the Congress of ViennaHenry Adams, "History of the United States," vol. IV, chap. IV. Wheaton, "History of Law of Nations," 372. Mahan's "Influence of Sea Power upon French Revolution," vol. II, chap. XVII. Manning, "Law of Nations," bk. V, chap. X.

6. From the Congress of Vienna to the Declaration of ParisFyffe, "History of Modern Europe," chap. I. Phillips, "Modern Europe," 4th ed. Hazen, "Europe since 1815."

7. Monroe Doctrine

Coolidge, "The U. S. as a World Power," chap. V. Moore's "Digest," chap. XX. Chadwick, "The Diplomatic Relations of the United States with Spain," chap. X.

8. The Declaration of Paris

Higgins, "The Hague Peace Conferences, 1909," 1-4. Woolsey, 314. Oppenheim, 119.

9. Questions of International Law Arising During Our Civil War-The Deerhound affair. The blockade. Continuous voyage. The Alabama claims. The treaty of Washington of 1871. "Letters of Historicus-Blockade," 89-118. Woolsey, §§ 202-6. Westlake, chap. IX. Moore's "Digest," vol. II, 979; vol. V, 723; vol. VI, 999; vol. VII, 697, also Moore's "Arbitrations," vol. I, chaps. XIV, XV, and XVI. Walker, "Science of International Law," 458, 502. Bernard (English), "Neutrality of Great Britain During American Civil War." Cushing, "Treaty of Washington."

10. The Hague Conferences—

"Naval War College, 1908," 117, etc. Scott's "Hague Conferences." Higgins, "Hague Conferences."

11. Declaration of London

Bentwich, "The Declaration of London." Higgins, "Hague Conferences." "Naval War College, 1910." See appendix of this book, no. IV.

PART II

STATES IN INTERNATIONAL LAW

CHAPTER IV

STATES: THE PRIMARY SUBJECTS OF INTERNATIONAL LAW; THEIR CHARACTERISTICS AND CLASSIFICATION

37. Sovereign States the Subjects of International Law.Sovereign states, or states fully independent and members of the family of nations, are primarily the subjects of international law. In the sense used here and ordinarily in this treatise, the term a sovereign state is synonymous with that of a nation. Nations that are less than civilized, part-sovereign states, communities, corporations, and individuals, though not regarded as principal persons or subjects, are, however, affected by the rules of international law and, according to circumstances, more or less governed by them.

38. Definition of a Sovereign State.-A sovereign state may be defined in general terms to be a fully independent and civilized community of persons, permanently located within a fixed country, organized under common laws into a body politic for mutual advantage, exercising the rights of government over all persons and things within its territory, and capable of entering into relations and intercourse with the other states of the world.1

39. Characteristics and Conditions of Sovereign States.A sovereign state, to be in full standing as such, must have the following characteristics and conditions:

1 Moore's "Digest," vol. I, p. 12.

First. There must be a normal political community of persons with common laws, customs, and habits.

Second. There must be a fixed territory within which these persons permanently live.

Third. There must be a supreme government normally controlling all persons and things within its boundaries and capable of entering into and maintaining full relations with other states, with the power of making offensive and defensive war and also peace.

Fourth. The state must be fully independent of all other states but governing its intercourse with them according to the tenets of international law.

Fifth. The state must be recognized as a sovereign state and an equal in law by the other sovereign states of the world.

Sixth. It must possess a certain elevated standard of civilization.

As to other matters, Phillimore says: "It is a sound general principle, and one to be laid down at the threshold of the science of which we are treating, that international law has no concern with the form, character, or power of the constitution or government of a state; with the religion of its inhabitants; the extent of its domain; or the importance of its position, and influence in the commonwealth of nations. . . . Provided that the state possess a government capable of securing at home the observance of rightful relations with other states, the demands of international law are satisfied." 1

It may be mentioned here that the territory of a sovereign' state includes its colonies, dependencies, and insular possessions, no matter how governed.

40. Equality of Sovereign States in a Legal Sense.-Legally all sovereign states within the purview of international law are equal, that is, equal in their rights and in their obligations, equal in their sovereignty and in their independence. It does 1 Phillimore, "Int. Law," 3d ed., vol. I, p. 81.

not follow, of course that this equality extends to their influence.

"Nations," says Vattel, "composed of men and considered as so many free persons living together in the state of nature are naturally equal and inherit from nature the same obligations and rights. Power or weakness does not in this respect produce any difference. A dwarf is as much a man as a giant; a small republic is no less a sovereign state than the most powerful kingdom." 1

41. States, Communities, Corporations, and Institutions That Are Not Primarily Subjects of International Law.-Among communities and institutions which are not directly subjects of international law are the members of a federated union like the States and Territories forming the United States of America. Of this Union the Supreme Court of the United States, in a recent decision, speaks as follows:

"While under our Constitution and form of government the mass of local matters is controlled by local authorities, the United States in their relations to foreign countries and their subjects or citizens are one nation, invested with powers which belong to independent nations, the exercise of which can be invoked for the maintenance of its absolute independence and security throughout its entire territory. The powers to declare war, make treaties, suppress insurrection, repel invasion, regulate foreign commerce, secure republican governments to the States, and admit subjects of other nations to citizenship are all sovereign powers, restricted in their exercise only by the Constitution itself and considerations of public policy and justice which control, more or less, the conduct of nations." 2

The states that are members of the German Empire and the cantons composing the federation of Switzerland are not of the same status as the States composing the United States of America, as they possess certain international qualifications,

1 Vattel, "Preliminary," pars. 18, 21.

2 The Chinese Exclusion Act, 1889, 130 U. S. 581, 604.