FOOTNOTE:

[1] The word "interference" as formed, on the false analogy of such

words as "difference," from "to interfere," which originally was

applied to a horse striking (Lat. _ferire_) one foot or leg against

the other.

INTERIM, originally a Latin word for "in the meantime." The word was

hence applied to certain edicts and decrees passed by the emperor and

the diets during the reformation in Germany with the object of

_temporarily_ settling a controversy. These "interims" regulated points

of religious and ecclesiastical difference until they could be decided

by a general council. The best example of such a _modus vivendi_ is the

Augsburg Interim of 1548, drawn up by Michael Helding, Julius von Pflug

and John Agricola (a medievalist, an Erasmian, and a conservative

Lutheran) at the bidding of Charles V., and accepted by the diet. It was

an ambiguous document, teaching from the Roman Catholic side

transubstantiation, the seven sacraments, adoration of the Virgin and

saints, and papal headship, and from the Protestant, justification by

faith, marriage of priests, the use of the cup by the laity. Maurice of

Saxony was permitted to vary the interim for his dominions, and his

edition was called the Leipzig Interim. An earlier interim was that of

Regensburg, 1541.

INTERLACED ARCHES, the term for a scheme of decoration employed in

Romanesque and Gothic architecture, where arches are thrown from

alternate piers, interlacing or intersecting one another. In the former

case, the first arch mould is carried alternately over and under the

second, in the latter the mouldings actually intersect and stop one

another. An example of the former exists in St Peter's in the East,

Oxford, and of the latter in St Joseph's chapel, Glastonbury, and in the

cathedral of Bristol.

INTERLAKEN, a Swiss town (1864 ft.) in the canton of Berne, situated on

the flat plain (_Bodeli_) between the lakes of Brienz (E.) and of Thun

(W.), and connected by steamer, as well as by railway (17(1/2) m.) with

the town of Thun. It is built on the left bank of the Aar, and grew up

around the religious house of Austin Canons, founded about 1130 and

suppressed in 1528. In the surviving buildings of the convent religious

services (Anglican, Scottish Presbyterian and French Protestant) are now

held, while the more modern castle is occupied by offices of the

Cantonal Government. The fine and well-shaded avenue called the

_Hoheweg_ runs through the main portion of the town, and is lined on the

north side by a succession of huge hotels and the large Kursaal.

Interlaken is much frequented in summer, partly because of the glorious

view of the Jungfrau (13,669 ft.) which it commands to the south, and

partly because it is the best starting-point for many excursions, as to

Schynige Platte, Lauterbrunnen and Grindelwald. The lines serving these

places all start from the eastern railway station (that from Thun

reaches the western or main railway station), whence steamers depart for

the Giessbach Falls, Brienz and Meiringen, on the way to Lucerne or to

the Grimsel Pass. In 1900 the population of Interlaken was 2962 (mainly

Protestant and German-speaking). Opposite Interlaken, and on the right

bank of the Aar is Unterseen (in 1900, 2607 inhabitants), which was

built in 1280 by Berthold von Eschenbach.

See _Fontes rerum Bernensium_ (original documents up to 1366) (8

vols., Berne, 1883-1903); _Die Regesten des Klosters zu Interlaken_

(Coire, 1849); E. Tatarinoff, _Die Entwickelung der Probstei

Interlaken im XIII. Jahrhundert_ (Schaffhausen, 1892).

(W. A. B. C.)

INTERLOPER, one who interferes in affairs in which he has no concern.

This word, with the verbal form "to interlope," first appears at the end

of the 16th and beginning of the 17th century in connexion with the

interference of unauthorized persons in the trading monopoly of the

Russia Company and later of the East India Company. The _New English

Dictionary_ quotes from H. Lane (1590), _Hakluyt's Voyages_, "From those

parts the Muscovites were furnished out of Dutchland by enterlopers with

all arts and artificers and had few or none by us," and also from the

_Minutes of the Court of the East India Company_, 22nd of February 1615,

"to examine all suspected personnes that intend interlopinge into the

East Indies or Muscovy." Edward Phillips (_New World of Words_, 1658)

defines interlopers at common law as those "that without legal authority

intercept the trade of a company, as it were Interleapers." The word

appears to be of English origin, for the Dutch _enterlooper_, smuggler,

often given as the source, was taken from English, as was the French

_interlope_. The word is a compound of _inter_, between, and _lope_, a

dialectal variant of "leap." A common word for a vagrant, or

"straggler," as it is defined, was till 1580 "landloper," and the

combination of "straggler" and "interloper" is found in _Horsey's

Travels_ (Hakluyt Soc.), 1603-1627, "all interlopers and straglyng

Englishmene lyving in that country."

INTERNATIONAL, THE. The International Working Men's Association,

commonly called "The International," was formed at London in 1864. It

was a society of working men of all nations, somewhat like a

cosmopolitan trades union, but bearing a still closer resemblance to an

international social science association for discussing and furthering

the rights of labour. The occasion of its formation was the visit of

some French workmen to the London Exhibition of 1862. In the course of

their visit the labour question was discussed, and a desire for the

further interchange of ideas expressed. Nothing decisive was done till

1864, when a great public meeting of working men of all nations was held

at St Martin's Hall, London, and a provisional committee was appointed

to draft the constitution of the new association.

The first four congresses of the International, held at Geneva

(September 1866), Lausanne (1867), Brussels (1868), and Basel (1869),

marked the rapid development of the association. It gained its first

triumph in the effectual support of the bronze-workers at Paris during

their lock-out in 1867; and it repeatedly aided the English unionists by

preventing the importation of cheap labour from the continent. It soon

spread as far east as Poland and Hungary, and it had affiliated

societies with journals devoted to its cause in every country of western

Europe.

It was supposed to be concerned in all the revolutionary movements and

agitations of Europe, gaining notoriety as the rallying point of social

overthrow and ruin. Its prestige, however, was always based more on the

vast possibilities of the cause it represented than on its actual power.

Its organization was loose, its financial resources insignificant; the

continental unionists joined it more in the hope of borrowing than of

contributing support. At the successive congresses its socialistic

tendencies became more and more pronounced; it declared its opposition

to private property not only in railways but in mines and the soil,

holding that these should revert to the community. Even the principle of

inheritance was saved only by a narrow majority. In 1869 M. Bakunin, the

Russian socialist or nihilist, with his party joined the association,

and at once asserted his character as the "apostle of universal

destruction."

The relation of the association to the communal rising at Paris in the

spring of 1871 has been the subject of much dispute. It is now agreed

that the International as such had no part either in originating or

conducting it; some of its French members joined it, but only on their

individual responsibility. Its complicity after the event is equally

clear. After the fall of the commune the general council of London, Karl

Marx included, issued a long and trenchant manifesto, approving its

action and extolling the "glorious vanquished." From this point the

decline and fall of the association is to be dated. The English

unionists, intent on more practical concerns at home, never took a deep

interest in its proceedings; the German socialists were hindered by law

from corporate action; America was too remote. But it found its worst

enemies amongst its own friends; the views of Marx and his school were

too moderate for the universally subversive principles of M. Bakunin and

the radical Swiss federation of the Jura. It came to a rupture at the

congress of 1872, held at the Hague, when Bakunin, being outvoted and

"excommunicated" by the Marx party, formed a rival International, which

found its chief support in Spain and Italy. Wearied of its European

contentions and desirous to form a basis of operation in America, the

Marx International now transferred the seat of its general council to

New York; but it survived just long enough to hold another congress at

Geneva in 1874, and then quietly expired.

The party of destruction styling themselves "autonomists" had a bloodier

history. The programme of this party was to overturn all existing

institutions, with the view to reconstructing them on some vague

communal basis such as had been tried at Paris in 1871. It endeavoured

to realize this in the great communal risings in southern Spain in 1873,

when its adherents set up their peculiar form of government at

Barcelona, Seville, Cadiz and Cartagena--at the last-mentioned place

also seizing part of the ironclad fleet of Spain. As at Paris, they

failed in leadership and organization, and were suppressed, though not

without difficulty, by the national troops. The "autonomists" lingered

on till 1879. The collapse was complete of an association which once

extended from Hungary to San Francisco, and alarmed the minds of men

with visions of universal ruin.

See Villetard, _Histoire de l'Internationale_ (Paris, 1871); Testut,

_L'Internationale_ (Paris, 1871); Onslow Yorke, _Secret History of the

International_ (London, 1871); J. Rae, _Contemporary Socialism_; also

the articles MARX and SOCIALISM.

INTERNATIONAL LAW, the general term for the law governing the relations

and intercourse of states with one another. The parties in its

application are states (see STATE) and not nations, so that the word

"international" does not accurately limit the scope of the subject. Nor

do authors always confine themselves to its proper limitation. Thus the

rules relating to nationality and naturalization, extradition, patents,

trade marks, &c., which affect states on the one side and foreign

persons on the other, are generally included among the subject-matter of

International Law. There is a special branch of International Law known

as Private International Law (see INTERNATIONAL LAW, PRIVATE) which

deals exclusively with the relations of persons belonging to different

states, in which states as such are not parties.

The term "international" was first used by Bentham. His explanation of

the new term was as follows:--

"The word _international_, it must be acknowledged, is a new one;

though, it is hoped, sufficiently analogous and intelligible. It is

calculated to express, in a more significant way, the branch of law

which goes commonly under the name of "law of nations," an appellation

so uncharacteristic that, were it not for the force of custom, it

would seem rather to refer to internal jurisprudence. The chancellor

d'Aguesseau has already made, I find, a similar remark; he says that

what is commonly called _droit des gens_ ought rather to be termed

_droit entre les gens_. There remain then the mutual transactions

between sovereigns as such, for the subject of that branch of

jurisprudence which may be properly and exclusively termed

international."[1]

There has been much controversy as to the aptness of the use of the word

"law" in this connexion. "International law," said the 3rd marquess of

Salisbury in a speech on the establishment of a Court of International

Arbitration, "has no existence in the sense in which the term 'law' is

usually understood. It depends generally upon the prejudices of writers

of text-books. It can be enforced by no tribunal, and therefore to apply

to it the phrase 'law' is to some extent misleading."[2] This has been

more or less the view not only of most British statesmen but also of

many practical English jurists. It found one of its most emphatic

exponents in Lord Chief-Justice Coleridge. "Strictly speaking," he

observed in his judgment on the Franconia case,[3] "international law is

an inexact expression, and it is apt to mislead, if its inexactness is

not kept in mind. Law implies a lawgiver and a tribunal capable of

enforcing it and coercing its transgressors, but there is no common

lawgiver to sovereign states, and no tribunal has the power to bind them

by decrees or coerce them if they transgress. The law of nations is that

collection of usages which civilized states have agreed to observe in

their dealings with one another. What these usages are, whether a

particular one has or has not been agreed to, must be matter of

evidence. Treaties and acts of states are but evidence of the agreement

of nations, and do not, in England at least, _per se_ bind the

tribunals. Neither certainly does a consensus of jurists, but it is

evidence of the agreement of nations on international points, and on

such points, when they arise, the English courts give effect as part of

English law to such agreement."

In opposition to this view may be cited the more recent one expressed by

Lord Russell of Killowen, who challenged Lord Coleridge's view as "based

on too narrow a definition of law, a definition which relies too much on

force as the governing idea." "If," he added, "the development of law is

historically considered it will be found to exclude that body of

customary law which in early stages of society precedes law. As

government becomes more frankly democratic, laws bear less and less the

character of commands imposed by a coercive authority, and acquire more

and more the character of customary law founded on consent.... I claim

that the aggregate of the rules to which nations have agreed to conform

in their conduct towards one another are properly to be designated

International Law."[4] This recalls Blackstone's definition: "The law of

nations is a system of rules, deducible by natural reason, and

established by universal consent among the civilized inhabitants of the

world, in order to decide all disputes, to regulate all ceremonies and

civilities, and to ensure the observance of justice and good faith in

that intercourse which must frequently occur between two or more

independent states, and the individuals belonging to each."[5] The

current English narrower view owes its origin chiefly to the influence

of John Austin, and the current broader one to that of Sir Henry

Maine.[6] The increasing popularity of references to international

arbitration (see ARBITRATION, INTERNATIONAL), the adoption of a large

number of special treaties making such references compulsory in certain

cases, the establishment of and increasing recourse to the court for the

decision of difficulties between states created by The Hague "Convention

for the pacific settlement of disputes between States" of 1899 (see

PEACE), the adoption of fixed rules of law in the international

conventions in 1899, 1907 and 1909 dealing with many of the most

controversial questions of international usage, have so transformed the

subject that if, as Lord Coleridge said, law implies a lawgiver and a

tribunal capable of enforcing it, these conditions are now at any rate

partly fulfilled. We shall see below to what extent it may be necessary

to regard power of enforcement against transgressors as requisite to

give international law the character of law properly so-called.

_Sanctions._--The subject of the enforcement of International Law, or

its "sanctions," has given rise to much controversy. The word "sanction"

is derived from the Lat. _sanctio_, which in turn is derived from

_sancire_, to consecrate. In its original sense _sanctio_ means

consecration. From this followed the sense of religious obligation. Thus

_sancire legem_ is used by Roman writers as meaning that observance was

made obligatory, but without reference to the idea of there being a

remedy or penalty for non-observance. With the development of an

organized judicial system the religious or moral obligation was

displaced by the growth of remedial procedure. Cicero observes of some

legal restrictions, _hoc non sancitur lege civili_ (this is not

consecrated by the civil law, i.e. with penalties). A collateral sense

of the word grew up which meant ratification, as where Cicero speaks of

_sancire acta Caesaris_ or of _sancire foedus_.

Bentham, who worked out the theory of legal sanctions as applied to

modern law, describes them as equivalent to pleasures and pains derived

from four different sources. These are physical, political, moral and

religious. The first three belong to experience in the present life, the

fourth to that in the present life or hereafter.[7]

Austin's analysis of this vague subdivision led him to a more precise

determination of the relationship of sanctions to law, viz. that a law

properly so-called is a command and its sanction is the power to enforce

obedience to it. Stated briefly, any other kind of law according to

Austin is not positive law but merely called so by analogy. Applying

this test to International Law he concludes that the law obtaining

between nations is not positive law; for every positive law is set by a

given sovereign to a person or persons in a state of subjection to its

author. The law obtaining between nations is only law set by general

opinion, with duties which are only enforced by moral sanction; by fear

on the part of nations, or by fear on the part of a sovereign, of

provoking general hostility, and incurring its probable evils, in case

they should violate maxims generally respected.[8]

Sir H. Maine's somewhat indirect answer to Austin may now be taken as

the view held at least by British theoretical writers. "Austin," he

said, "has shown, though not without some straining of language, that

the sanction is found everywhere, in positive law, civil and criminal.

This is, in fact, the great feat which he performed, but some of his

disciples seem to me to draw the inference from his language that men

always obey rules from fear of punishment. As a matter of fact this is

quite untrue, for the largest number of rules which men obey are obeyed

unconsciously, from a mere habit of mind. Men do sometimes obey rules

for fear of the punishment which will be inflicted if they are violated,

but, compared with the mass of men in each community, this class is but

small; probably it is substantially confined to what are called the

criminal classes, and for one man who refrains from stealing or

murdering because he fears the penalty there must be hundreds of

thousands who refrain without a thought on the subject."[9]

The view, however, that a law is not devoid of binding character because

there is no authority to enforce its observance hardly requires

justification at the present day. The fact that any well-established

international usage is observed, and that states invariably endeavour to

answer any reproach of departing from such usage by explanations showing

that the incriminated act is justified by recognized rules of

International Law, is evidence of its binding character. As the late

Professor Rivier, one of the leading authorities on Roman Law, as well

as an international jurist of eminence, has expressed it: "The law of

nations is positive law because states wish it to be so. They recognize

its compulsory character and proclaim it. As they are their own

legislators and make their common laws by express or tacit consent, they

attest explicitly and implicitly their conviction that its principles

are binding upon them, as judicial principles, as law. Innumerable

public acts, affirmations, declarations and conventions are there to

prove it. On the other hand, never in any published official act of the

present age, verbal or written, has a state dared to declare that it did

not consider itself bound by the law of nations and its principles."[10]

States, as Professor Rivier says, have again and again solemnly declared

their determination to abide by the principles of International Law.

Witness the Declaration of Aix-la-Chapelle of November 15, 1818, in

which the representatives of five powers, Austria, France, Great

Britain, Russia and Prussia, solemnly stated that "the sovereigns in

forming this august union have regarded as its fundamental basis their

unchangeable resolution never to depart, either amongst themselves or in

their relations with other states, from the strictest observance of the

principles of the law of nations, principles which, in their application

to a permanent state of peace, can alone effectively guarantee the

independence of each government and the stability of the general

association." In the negotiations for the Treaty of London concerning

the Black Sea (March 13, 1871), at which seven powers were represented,

Austria-Hungary, France, Germany, Great Britain, Italy, Russia and

Turkey, a resolution on the sanctity of treaties was annexed to the

first protocol, stating that the plenipotentiaries recognize that it is

an essential principle of the law of nations that "no power can liberate

itself from the engagements of a treaty, nor modify the stipulations

thereof, unless with the consent of the contracting powers by means of

an amicable arrangement." Even in 1908, when Austria-Hungary proceeded

to the annexation of Bosnia-Herzegovina without obtaining the prior

assent of the high contracting powers, who under the treaty of Berlin of

1878 had granted her temporary occupation of the annexed provinces, the

protests of the powers concerned were answered by Austria-Hungary

declaring that she had done nothing contrary to the law of nations or

affecting the sanctity of treaties, because the powers had given their

tacit consent to the practical transformation of her temporary into a

permanent occupation.

The public opinion of the civilized world, in fact, plays in an

ever-increasing degree the part of a sanctioning authority. With the

growth of international intercourse and international interdependence

the danger of isolation or of discredit or even of "boycotting" becomes

a matter of increasing importance in the conduct of states. The national

press and periodical literature, with exceptions no doubt, are among the

chief factors in the development of this public opinion, but it is by no

means dependent upon them. Personal intercourse among citizens of the

same country, and between statesmen, politicians and citizens of

different countries has a still greater effect in the creation of the

mental attitude of nations towards each other. This exposes any

departure from recognized usage or any disregard for international

obligations to such reprobation throughout the whole world, that, far

from taking advantage of the absence of any coercive method of enforcing

obedience to the principles of international law, states compete with

each other in asserting their strict fidelity to such principles. And

now successive diplomatic conferences have codified many of the chief

branches of international usage, thus diminishing the possible cases in

which states can take advantage of the uncertainty of the law and, by

quibbling over its interpretation, escape from its obligations.

_Sources and Foundations._--It is usual, following Wheaton's

classification,[11] to enumerate the sources of International Law in the

following groups: text-writers of authority as witnesses of usage;

treaties of peace, alliance and commerce; ordinances of particular

states, prescribing rules for the conduct of their commissioned cruisers

and prize tribunals; adjudications of international tribunals; written

opinions of official jurists given confidentially to their own

government; history of wars, negotiations, treaties and other

transactions relating to the public intercourse of nations. It is in

these different classes of opinions and precedents that writers have

been in the habit of searching for those arguments and analogies on

which have been built up the system and principles called International

Law.

Wheaton, it is seen, regarded text-writers as witnesses of the usage of

nations. He explains his meaning as follows: "Without wishing to

exaggerate the importance of these writers, or to substitute in any case

their authority for the principles of reason, it may be affirmed that

they are generally impartial in their judgment. They are witnesses of

the sentiments and usages of civilized nations, and the weight of their

testimony increases every time that their authority is invoked by

statesmen, and every year that passes without the rules laid down in

their works being impugned by the avowal of contrary principles." This

distinguished writer's quasi-explanation of the sources of International

Law is extremely vague. He masses together cause and effect, private and

public opinions, usage and exceptions. Professor Oppenheim has

endeavoured to give a more scientific explanation of the growth and

development of International Law, and objects to calling sources of

International Law what are mere factors influencing its growth:--

"... Custom and treaties," he observes, "are the two exclusive sources

of the Law of Nations. When writers on International Law frequently

enumerate other sources besides custom and treaties they confound the

term 'source' with that of 'cause'[12] by calling sources of

International Law such factors as influence the gradual growth of new

rules of International Law without, however, being the historical

facts out of which these rules receive their legal force. Important

factors of this kind are: Opinions of famous writers on International

Law, decisions of prize courts, arbitral awards, instructions issued

by the different states for the guidance of their diplomatic and other

organs, state papers concerning foreign politics, certain municipal

laws, decisions of municipal courts. All these and other factors may

influence the growth of International Law either by creating usages

which gradually turn into custom, or by inducing the members of the

Family of Nations to conclude such treaties as stipulate legal rules

for future international conduct.

"A factor of the special kind which also influences the growth of

International Law is the so-called comity (_Comitas gentium,

Convenance et courtoisie internationale, Staatengunst_). In their

intercourse with one another states do observe not only legally

binding rules and such rules as have the character of usages, but also

rules of politeness, convenience and goodwill. Such rules of

international conduct are no rules of law, but of comity. The Comity

of Nations is certainly not a source of International Law, as it is

distinctly the contrast to the Law of Nations. But there can be no

doubt that many a rule which formerly was a rule of International

Comity only is nowadays a rule of International Law. And it is

certainly to be expected that this development will go on in future

also, and that thereby many a rule of present International Comity

will in future become one of International Law."[13]

Precedents.

Italian influence.

We prefer to regard International Law as deriving the rules composing it

from practically the same sources as domestic law, and to attribute to

text-writers more or less the same value in its development as in that of

the private law of nations. The same primary rules of conduct are

appealed to between states as between individuals, and precedents play

exactly the same part wherever human actions are concerned. In both cases

what has been done before commends itself when the responsibility of

taking steps pledging the future is concerned. Statesmen on whom great

responsibility impends, on whom the conduct of momentous negotiations has

devolved, and who will have to render an account of their work to the

sovereign or nation they represent, preserve an argument in their own

favour in departing as little as possible from any course taken in

previous similar circumstances. Precedents, moreover, are arguments for

acceptance by their adversaries or counter-negotiators. In fact, in

diplomacy even more than in matters of domestic government precedents

play a dominant part in the growth of usage. These precedents are often

in themselves originally local usages, such as grew up in the intercourse

of the Italian communities. Italy, in fact, served as a laboratory for

early diplomatists and writers. It was in the intercourse of these active

and ambitious states that grew up the very notion of a foreign diplomacy

and the necessity of rules of conduct in this miniature Europe, with its

perpetual antagonisms and jealousies, its balance of power, its idea of a

state distinct from a nation and of a community of states elbowing each

other in their daily contact. It was there that grew up the institution

of passports, the distinction between armed forces and civilians,

international comity, and in fact the very notion that states have an

interest in the observance of law and order among them. In the same way

the active commercial intercourse in the Mediterranean led, in the common

interest, to the development of rules of the sea in time of peace, and

later to others in time of war.

Thirty Years' War.

In the north of Europe, again, out of the active commercial intercourse

among the Baltic and North Sea communities grew rules of the sea in the

same common interest. It was the Thirty Years' War, with its revolting

cruelty, which brought out the contrast between the more humane practice

of war as an art in Italy and the mere bludgeonry which prevailed in the

brutal struggle which disgraced the first half of the 17th century. The

brutality of the struggle turned thinkers' attention to the need of

formulating rules for the protection in time of war of non-combatants

and the innocent subjects of absolute sovereigns, the treatment of the

sick and wounded, the prohibition of wanton pillage and the other

horrors which shocked the awakening conscience of northern Europe. It

was the starting-point of the age of text-books.

Grotius.

Pufendorf.

The first effective work, the one which was the first to influence

sovereigns and statesmen, was Grotius's _De jure belli ac pacis_ (Paris,

1625), which practically exhausted the theoretical arguments in favour

of the new subject. Nobody has in fact since brought to light any new

conception of the foundations of international law. An exhaustive and

masterly treatise having been published, no further subsequent treatise

was necessary to show what all men were beginning to feel. He sublimated

the feelings of his age, and having arrived at the pure substance, the

work of proving the need of his subject was disposed of for all time.

Pufendorf (1632-1697), who, in the sequence of effective text-writers,

succeeded Grotius, endeavoured to base international law on an ethical

basis accepted by all peoples without necessity for a common creed or

standard of morals, but it is doubtful, whatever may have been the

extent to which he stimulated the study of jurisprudence, whether he did

much in advancing the practical development of the law of nations. His

book _De jure naturae et gentium_ (1672), as its name indicates, based

international law on what he called the law of nature, a subject which

has much exercised the minds of jurists searching for an ethical basis

for existing law.

Leibnitz.

The scientific mind of Leibnitz (1646-1716) revolted against this

theoretical and doctrinaire tendency of Pufendorf and other writers, who

were following with feeble tread in the giant footsteps of Grotius. He

saw that the practice of nations was taking a course dictated by the

current moral standards of civilized society, and that the

philosophizing of the text-book writers was leading them away from that

actual practice which they should use as data for their conclusions.

Natural science, moreover, had taught him the risk of theorizing on

imperfect data, and while writing a history of Brunswick it occurred to

him that treaties and diplomatic documents generally were the substances

and tests of the publicist's laboratory. His _codex juris gentium

diplomaticus_ (1693-1700) gave a more precise direction to speculations

on the subject.

Bynkershoek.

The next great writer of authority united all the qualities of a

practical lawyer and jurist. This was Bynkershoek (1673-1743). He was

the first writer on international law who dealt with public maritime law

as a matter demanding special treatment and involving a set of

principles not called into action in territorial warfare. A magistrate

administering the law in a great commercial country, whose interests

were on or across the high seas rather than within the narrow European

limits of Holland, Bynkershoek, like Leibnitz, searched for his data in

the actual practice of nations in their intercourse with one another. He

applied his clear legally trained mind to deriving principles from

practice instead of endeavouring to build up a practice on abstract

principles. It was he who first generalized the different isolated

usages which had grown up at different spots in northern Europe in the

interest of maritime defence, and evolved from practice the principle

that dominion seawards was limited to the extent to which it was

possible to enforce it (cannon-shot range), a principle which not only

created the legal institution of territorial waters, but has since been

imported into other branches of International Law, and has indirectly

influenced the suppression of fictitious blockades and more recently of

fictitious occupations of territory.

Encyclopaedia Britannica, 11th Edition, "Inscriptions" to "Ireland, William Henry" Volume 14, Slice 6 · 第 31 / 49 题