such a world-wide influence that he is correctly styled the Father of the Law of Nations.' It would be very misleading, and in no way congruent with the facts of history, to believe that Grotius' doctrines were as a body at once universally accepted. No such thing happened, nor could have happened. What did soon take place was that, whenever an international question of legal importance arose, Grotius' book was consulted, and its authority was so overwhelming that in many cases its rules were considered right. How those rules of Grotius, which have more or less quickly been recognised by the common consent of the writers on International Law, have gradually received similar acceptance at the hands of the Family of Nations, is a process of development which in each single phase cannot be ascertained. It can only be stated that at the end of the seventeenth century the civilised State th considered themselves bound by a Law of Nations, th rules of which were to a great extent the rules of Grotius This does not mean that these rules have from the end of that century never been broken. On the contrary they have frequently been broken. Although the severa Governments recognised the Law of Nations when it rules suited their interests, consciously or unconsciously they violated it in many cases, when they thought that & rule was opposed to their interests. But whenever this occurred, the Governments concerned maintained either that they did not intend to break these rules, or that their acts were in harmony with them, or that they were justified by just causes and circumstances in breaking them. And the development of the Law of Nations did not come to a standstill with the reception of the bulk of the rules of Grotius. More and more rules were gradually required, and therefore gradually grew. All the historically important events and facts of international life from the time of Grotius down to our own

have, on the one hand, given occasion to the manifestation of the existence of a Law of Nations, and, on the other hand, in their turn made the Law of Nations constantly and gradually develop into a more perfect and more complete system of legal rules. In practice the attitude of Governments towards the Law of Nations has been essentially the same up to our days as it was in former times. They have recognised it explicitly; they have referred to it whenever their interests demanded it; but, consciously or unconsciously, they frequently attempt to evade a rule when they think that their interests demand such evasion. Yet the fact that they

recognise it

they never admit theven if they break it, because

they are breaking it, makes the Law of Nations living reality in spite of everything working agast it.

It serve the purpose to divide the history of the develo Pea of the Law of Nations from the time of Gd Baden, nine periods-namely, 1648-1721, 1721läccession 815, 1815-1856, 1856-1874, 1874-1899, 1899and Spain 918, 1918-1920.

period

1648

Holland, P ending of the Thirty Years' War through The But waralian Peace of 1648 is the first event of other Powetance after the death of Grotius in 1645. 1721. of peace ms remarkable the meetings of Osnabrück, of Roeskibrotestant Powers met, and Münster, where 1660), and Powers met, is the fact that there was for were Swede in history a European Congress assembled (2) The Prpose of settling matters international by the Nethensent of the Powers. With the exception of between Tussia, and Poland, all the important ChrisPeace of I were represented at this Congress, as were under Petajority of the minor Powers; and all the

1

The ye resented concluded peace, except France Peace of I whose forces went on fighting for another Family ofrs. The arrangements made by the Congress

E

show what a great change had taken place in the condition of matters international. The Swiss Confederation and the Netherlands were recognised as independent States. The 332 different States which belonged to the German Empire were practically, although not theoretically, recognised as independent States which formed a Confederation under the Emperor as its head. Of these 332 States, 211 were secular States governed by hereditary monarchs (Electors, Dukes, Landgraves, and the like), 56 were free-city States, and 65 were ecclesiastical States governed by archbishops and other Church dignitaries. The theory of the unity of the civilised world under the German Emperor and the Pope as its temporal and spiritual heads was buried for ever. A multitude of recognised independent States formed a community on the basis of equality of all its members. The conception of the European equilibrium1 made its appearance, and became an implicit principle as a guaranty of the independence of the members of the Family of Nations. Protestant States took up the position within this family along with Catholic States, as did Republics along with Monarchies.

In the second half of the seventeenth century 2 the policy of conquest initiated by Louis XIV. of France led to numerous wars. But Louis XIV. always pleaded a just cause when he made war, and even the estab lishment of the ill-famed so-called Chambers of Reunior (1680-1683) was done under the pretext of law. There was no later period in history in which the principles oj International Law were more frivolously violated, but the violation was always cloaked by some excuse. Five treaties peace between France and other Powers during the

of

1 See below, § 51.

The history of International Law during the seventeenth and eighteenth centuries is intimately connected with the history of diplo

macy. Students must therefore be advised to read the third volume of Hill's excellent work, A History of Diplomacy in the International Development of Europe.

3,

e

reign of Louis XIV. are of great importance: (1) The Peace of the Pyrenees, which ended in 1659 the war between France and Spain, who had not come to terms at the Westphalian Peace. (2) The Peace of Aix-laChapelle, which ended in 1668 another war between France and Spain, commenced in 1667, because France claimed the Spanish Netherlands from Spain. This peace was forced upon Louis XIV. through the triple alliance between England, Holland, and Sweden. (3) The Peace of Nymeguen, which ended in 1678 the war originally commenced by Louis XIV. in 1672 against Holland, into which many other European Powers were drawn, and out of which England had already emerged in 1674 by the Treaty of Westminster. (4) The Peace of Ryswick, which ended in 1697 the war that had existed since 1688 between France on one side, and, on the other, England, Holland, Germany, and Spain. (5) The Peace of Utrecht, 1713, and the Peace of Rastadt and Baden, 1714, which ended the war of the Spanish Succession that had lasted since 1701 between France and Spain on the one side, and, on the other, England, olland, Portugal, Prussia, and Savoy.

But wars were not only waged between France and eher Powers during this period. The following treaties peace must therefore be mentioned: (1) The Peaces Roeskild (1658), Oliva (1660), Copenhagen (also 660), and Kardis (1661). The contracting Powers ere Sweden, Denmark, Poland, Prussia, and Russia. 2) The Peace of Breda (1667) between England and the Netherlands. (3) The Peace of Carlowitz, 1699, between Turkey, Austria, Poland, and Venice. (4) The Peace of Nystaedt, 1721, between Sweden and Russia under Peter the Great.

The year 1721 is epoch-making, because with the Peace of Nystaedt Russia enters as a member into the family of Nations, in which she at once takes the posi

The period 17211789.

tion of a Great Power. The period ended by the year 1721 shows in many points progressive tendencies regarding the Law of Nations. Thus the right of visit and search on the part of belligerents over neutral vessels became recognised. The rule 'free ships, free goods,' rose as a general postulate, and was embodied in a number of treaties of commerce, although it was not universally recognised till 1856. The effectiveness of blockades, which were first made use of in war by the Netherlands in 1584 and 1630, likewise rose as a general postulate and became recognised in treaties between Holland and Sweden (1667) and Holland and England (1674), although its universal recognition was not realised until the nineteenth century. The freedom of the high seas, claimed by Grotius and others, began gradually to obtain recognition in practice, although it also did not meet with universal acceptance till the nineteenth century. The balance of power was solemnly recognised by the Peace of Utrecht as a necessary principle without which the Law of Nations could not exist.

§ 45. Before the end of the first half of the eighteenth century peace in Europe was again disturbed. The rivalry between Austria and Prussia, which had become a Kingdom in 1701 and the throne of which Frederick II. had ascended in 1740, led to several wars in which England, France, Spain, Bavaria, Saxony, and Holland took part. Several treaties of peace were successively concluded which tried to keep up or re-establish the balance of power in Europe. The most important of these treaties were: (1) The Peace of Aix-la-Chapelle of 1748 between France, England, Holland, Austria, Prussia, Sardinia, Spain, and Genoa. (2) The Peace of Hubertsburg and the Peace of Paris, both of 1763, the former between Prussia, Austria, and Saxony, the latter between England, France, and Spain. (3) The