from a moral and ecclesiastical point of view many questions of the future International Law concerning war.1 (2) There were, secondly, collections of maritime law of great importance which made their appearance in connection with international trade. From the eighth century the world trade, which had totally disappeared in consequence of the downfall of the Roman Empire and the destruction of the old civilisation during the period of the Migration of the Peoples, began slowly to develop again. The sea trade specially flourished, and fostered the growth of rules and customs of maritime law, which were collected into codes, and gained some kind of international recognition. The more important of these collections are the following: The Consolato del Mare, a private collection made at Barcelona in Spain in the middle of the fourteenth century; 2 the Laws of Oléron, a collection, made in the twelfth century, of decisions given by the maritime court of Oléron in France; the Rhodian Laws, a very old collection of maritime laws which probably was put together between the seventh and the ninth centuries; 3 the Tabula Amalfitana, the maritime laws of the town of Amalfi in Italy, which date at latest from the tenth century; the Leges Wisbuenses, a collection of maritime laws of Wisby on the island of Gothland, in Sweden, dating from the fourteenth century. 3 The growth of international trade caused also the rise of the controversy regarding the freedom of the high seas (see below, § 248), which indirectly influenced the growth of an International Law (see below, §§ 248-250). (3) A third factor was the numerous leagues of 1 See Holland, Studies, pp. 40; Walker, History, i. pp. 204212. 'See Nys, Le Droit de Gens et les anciens Jurisconsultes espagnols (1914), pp. 125-138. 3 See Ashburner, The Rhodian Sea Law (1909), Introduction, p. cxii. trading towns for the protection of their trade and trading citizens. The most celebrated of these leagues was the Hanseatic, formed in the thirteenth century. These leagues stipulated for arbitration on controversies between their member-towns. They acquired trading privileges in foreign States. They even waged war, when necessary, for the protection of their interests. (4) A fourth factor was the growing custom on the part of the States of sending and receiving permanent legations. In the Middle Ages the Pope alone had a permanent legation at the court of the Frankish kings. Later, the Italian Republics, as Venice and Florence for instance, were the first States to send out ambassadors, who took up their residence for several years in the capitals of the States to which they were sent. At last, from the end of the fifteenth century, it became a universal custom for the kings of the different States to keep permanent legations at one another's capital. The consequence was that an uninterrupted opportunity was given for discussing and deliberating upon common international interests. And since the position of ambassadors in foreign countries had to be taken into consideration, international rules concerning inviolability and exterritoriality of foreign envoys gradually grew up. (5) A fifth factor was the custom of the great States of keeping standing armies, a custom which also dates from the fifteenth century. The uniform and stern discipline in these armies favoured the rise of more universal rules and practices of warfare. (6) A sixth factor was the Renaissance and the Reformation. The Renaissance of science and art in the fifteenth century, together with the resurrection of the knowledge of antiquity, revived the philosophical and æsthetical ideals of Greek life, and transferred them to modern life. Through their influence the spirit of the Christian religion took precedence of its letter. The conviction awoke everywhere that the principles of Christianity ought to unite the Christian world more than they had done hitherto, and that these principles ought to be observed in matters international as much as in matters national. The Reformation, on the other hand, put an end to the spiritual mastership of the Pope over the civilised world. Protestant States could not recognise the claim of the Pope to arbitrate as of right in their conflicts either between one another or between themselves and Catholic States. (7) A seventh factor made its appearance in connection with the schemes for the establishment of eternal peace which arose from the beginning of the fourteenth century. Although these schemes were utopian, they nevertheless must have had great influence by impressing upon the princes and the nations of Christendom the necessity for some kind of organisation of the numerous independent States into a community. The first of these schemes was that of the French lawyer, Pierre Dubois, who, as early as 1305, in De Recuperatione Terre Sancte, proposed an alliance between all Christian Powers for the purpose of the maintenance of peace and the establishment of a Permanent Court of Arbitration for the settlement of differences between the members of the alliance. Another project arose in 1461, when Podiebrad, King of Bohemia from 1420 to 1471, adopted the scheme of his Chancellor, Antoine Marini, and negotiated with foreign courts the foundation of a Federal State to consist of all the existing Christian States with a permanent Congress, seated at Basle, of ambassadors of all the member-States as the 1 See Meyer, Die staats- und Bilkerrechtlichen Ideen von Pierre Dubois (1908); Schücking, Die Organisation der Welt (1909), pp. 28-30; Vesnitch, Deux Précurseurs français du Pacifisme, etc. (1911), pp. 1-29; Zeck, Der Publizist Pierre Dubois (1911). highest organ of the Federation.1 A third plan was that of Sully, adopted by Henri IV. of France, which proposed, in 1603, the division of Europe into fifteen States and the linking together of these into a Federation with a General Council as its highest organ, consisting of Commissioners deputed by the member-States.2 A fourth project was that of Emeric Crucé, who, in 1623, proposed the establishment of a Union consisting not only of the Christian States, but of all States then existing in the whole of the world, with a General Council as its highest organ, seated at Venice, and consisting of ambassadors of all the member-States of the Union.3 1 See Schwitzky, Der europaeische Fürstenbund Georgs von Podiěbrad (1907), and Schücking, Die Organisation der Welt (1909), pp. 32-36. See Kükelhaus, Der Ursprung des Planes vom ewigen Frieden in den Memoiren des Hertzogs von Sully (1893); Nys, Études de Droit international et de Droit politique (1896), pp. 301-306, and Darby, International Tribunals (4th ed. 1904), pp. 10-21. See Balch, Le Nouveau Cynée de Emeric Crucé (1909); Darby, International Tribunals (4th ed. 1914), pp. 22-33; Vesnitch, Deux Précurseurs français du Pacifisme, etc. (1911), pp. 29-54. The schemes enumerated in the text are those which were advanced before the appearance of Grotius' work, De Jure Belli ac Pacis (1625). The numerous plans which made their appearance afterwards-that of the Landgrave of Hesse-Rheinfels, 1666; of Charles, Duke of Lorraine, 1688; of William Penn, 1693; of John Bellers, 1710; of the Abbé de St. Pierre (1658-1743); of Kant, 1795; and of others-are for the most part discussed in Schücking, Die Organisation der Welt (1909); in Darby, International Tribunals (4th ed. 1904); in Lorimer, ii. pp. 216-239, who himself develops a scheme (pp. 240-299); and in Ter Meulen, Der Gedanke der internationalen Organisation in seiner Entwicklung, 13001800 (1917). See on the scheme of Cardinal Alberoni (1736), Vesnitch, Le Cardinal Alberoni Pacifiste (1912), and in A.J., vii. (1913), pp. 51-107; see on the scheme of the Abbé de St. Pierre, Borner, Ueber das Weltstaatsprojekt des Abbé de Saint-Pierre (1913). They are as utopian as the pre-Grotian schemes, but they are nevertheless of great importance. They preached again and again the gospel of the organisation of the Family of Nations, and although their ideal has not been and can never be realised, they drew the attention of public opinion to the fact that the international relations of States should not be based on arbitrariness and anarchy, but on rules of law and comity. And thereby they have indirectly influenced the gradual growth of rules of law for these international relations. The outbreak of the World War in 1914 caused the appearance of numerous further plans for the establishment of eternal peace. II DEVELOPMENT OF THE LAW OF NATIONS Lawrence, § 22-33, and Essays, pp. 147-190—Halleck, i. pp. 14-49—Walker, History, i. pp. 138-202-Taylor, $$ 65-95-Hershey, Nos. 62-85-Nys, i. pp. 23-50-Martens, i. §§ 21-33-Fiore, i. Nos. 32-52-Calvo, i. pp. 32-101-Bonfils, Nos. 87-146-Despagnet, Nos. 20-27-Mérignhac, i. pp. 43-79-Ullmann, §§ 15-17-Laurent, Histoire du Droit des Gens, etc., 14 vols. (2nd ed. 1861-1868)-Wheaton, Histoire des Progrès du Droit des Gens en Europe (1841)—Bulmerincq, Die Systematik des Völkerrechts (1858)—Pierantoni, Storia del Diritto internazionale nel Secolo riz. (1876)—Hosack, Rise and Growth of the Law of Nations (1882), pp. 227-319-Brie, Die Fortschritte des Völkerrechts seit dem Wiener Congress (1890)—Gareis, Die Fortschritte des internationalen Rechts im letzten Menschenalter (1905)—Dupuis, Le Principe d'Équilibre et le Concert européen de la Paix de Westphalie à l'Acte d'Algésiras (1909)—Strupp, Urkunden zur Geschichte des Völkerrechts, 2 vols. (1911)-Conner, The Development of Belligerent Occupation (1912)—Hill, History of Diplomacy in the International Development of Europe, vol. iii. (1914) - Muir, Nationalism and Internationalism (1916)-Phillimore, Three Centuries of Treaties of Peace and their Teaching (1917), pp. 13-111-Hershey in A.J., vi. (1912), pp. 30-67. Time of § 43. The seventeenth century found a multitude of The independent States established and crowded on the Grotius. comparatively small continent of Europe. Many interests and aims knitted these States together into a community of States. International lawlessness was henceforth an impossibility. This was the reason for the fact that Grotius' work, De Jure Belli ac Pacis, libri iii., which appeared in 1625, won the ear of the different States, their rulers, and their writers on matters international. Since a Law of Nations was now a necessity, since many principles of such a law were already more or less recognised and appeared again among the doctrines of Grotius, since the system of Grotius supplied a legal basis to most of those international relations which were at the time considered as wanting such basis, the book of Grotius obtained |