The Essentials of International Public Law and Organization

By Amos S. Hershey | Go to book overview

PART IV
SETTLEMENT AND PREVENTION OF INTERNATIONAL DIFFERENCES

304. Introductory. -- International differences may arise on various grounds which have been broadly distinguished as legal or political in their nature.1 Legal differences or conflicts of rights are those arising from disputes or controversies to which recognized legal principles or more or less clearly established rules and customs of International Law may be more or less readily applied. Political differences or conflicts of interest are those which result from a conflict of political, social, or economic interests and to which it is difficult or impossible to apply such rules or principles. Modes of settling international differences may be broadly classified as peaceful or amicable, and forcible or non- amicable. It is manifestly easier to apply amicable modes of settlement to legal than to political differences. All States are morally bound to exhaust all peaceful or amicable modes of settling their differences before resorting to forcible or non-amicable means.

It is now also becoming increasingly recognized that prevention of international disputes is even more important than their pacific settlement after they have arisen, and that the best and surest means of prevention lie in international coöperation and organization. Consequently, a chapter altogether new on this subject (chapter XXIII) has been added to Pt. IV.

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1
It is not always possible to separate legal and political differences in practice, for they are usually of a mixed character, and legal claims have often been made a pretext for disguised political aggression.

On this distinction between legal and political differences, see especially: * Buell, Int. Relations ( 1925), ch. 25, pp. 589-604; Bulmerincq, in 4 Holtzendorff, 5 ff.; Castberg, in 6 (3d ser.) R. D. I. ( 1925), 156 ff.; 2 Hyde, § 560; Jelf, in 7 Grotius Soc. ( 1922), 59 ff.; Loder, La difference entre l'arbitrage int. et la justice int.; 2 J. de Louter, § 37; Nippold, Die Fortbildung des Verfahrens ( 1907), 127 ff.; * 2 Oppenheim, §§ 1-3; Potter, Int. Organization ( 1922), 212-14; Reeves and Scott, in Procs. Am. Soc. I. L. ( 1915), 78-94; * Reinsch, in 5 A. J. ( 1911), 604-14; 2 Rivier, 149 f.; Ullmann, § 148; * 1 Westlake, 357 ff.; Wilson, § 81; * Woolf, Int. Government ( 1916), ch. 6, and Frame Work of a Lasting Peace ( 1917), sects. 2 and 3. See also Fenwick, et. al., in Procs. of Am. Soc. I. L. ( 1924), 44 ff.

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