Produced by The Online Distributed Proofreading Team at
http://www.pgdp.net (This file was produced from images
generously made available by The Internet Archive/American
Libraries.)
INTERNATIONAL INCIDENTS
CAMBRIDGE UNIVERSITY PRESS
London: FETTER LANE, E.C.
C. F. CLAY, MANAGER
_Edinburgh_: 100, PRINCES STREET
_London_: STEVENS AND SONS, LTD., 119 AND 120, CHANCERY LANE
_Berlin_: A. ASHER AND CO.
_Leipzig_: F. A. BROCKHAUS
_New York_: G. P. PUTNAM'S SONS
_Bombay and Calcutta_: MACMILLAN AND Co., LTD.
[_All Rights reserved_]
INTERNATIONAL INCIDENTS
FOR
DISCUSSION
IN CONVERSATION CLASSES
BY
L. OPPENHEIM, M.A., LL.D.
WHEWELL PROFESSOR OF INTERNATIONAL LAW
IN THE UNIVERSITY OF CAMBRIDGE
ASSOCIATE OF THE INSTITUTE OF INTERNATIONAL LAW
Cambridge:
at the University Press
1909
_Cambridge:_
PRINTED BY JOHN CLAY, M.A.
AT THE UNIVERSITY PRESS.
Transcribers' Note: Inconsistent punctuation printed in the original
text has been retained.
PREFACE
For many years I have pursued the practice of holding conversation
classes following my lectures on international law. The chief
characteristic of these classes is the discussion of international
incidents as they occur in everyday life. I did not formerly possess
any collection, but brought before the class such incidents as had
occurred during the preceding week. Of late I have found it more useful
to preserve a record of some of these incidents and to add to this
nucleus a small number of typical cases from the past as well as some
problem cases, which were invented for the purpose of drawing the
attention of the class to certain salient points of international law.
As I was often asked by my students and others to bring out a
collection of incidents suitable for discussion, and as the printing of
such a little book frees me from the necessity of dictating the cases
to my students, I have, although somewhat reluctantly, made up my mind
to publish the present collection.
I need hardly emphasise the fact that this collection is not intended
to compete either with Scott's _Cases on International Law, selected
from decisions of English and American Courts_, or with Pitt
Cobbett's _Leading Cases and Opinions on International Law_, both
of which are collections of standard value, but intended for quite
other purposes than my own.
I have spent much thought in the endeavour to class my incidents into a
number of groups, but having found all such efforts at grouping futile,
I therefore present them in twenty-five sections, each containing four
cases of a different character. Experience has shewn me that in a class
lasting two hours I am able to discuss the four cases contained in
these sections.
I have taken special care not to have two similar cases within the same
section, for although there are no two cases exactly alike in the
collection, there are several possessing certain characteristics in
common. It is one of the tasks of the teacher and the students
themselves to group together such of my cases as they may think are
related to each other by one or more of these traits.
It has been suggested that notes and hints should be appended to each
case, but the purpose for which the collection is published is better
served by giving the incidents devoid of any explanatory matter. Should
this book induce other teachers of international law to adopt my method
of seminar work, it must be left to them to stimulate their classes in
such a way as to enable the students to discover on their own
initiative the solution of the problems.
I gladly accepted the suggestion of the publishers that the cases
should be printed on writing paper and on one side of the page only, so
that notes may be taken and additional cases added.
I am greatly indebted to Mr Dudley Ward, of St John's College,
Cambridge, my assistant, who has prepared the cases for the press and
read the proofs. In deciding upon the final form of each case so many
of his suggestions have been adopted that in many instances I do not
know what is my own and what is his work.
L. O.
WHEWELL HOUSE,
CAMBRIDGE,
_June 12th, 1909_.
TABLE OF CONTENTS
PAGE
SECTION I.
1. A Councillor of Legation in Difficulties 1
2. Neutral Goods on Enemy Merchantman 1
3. American Coasting Trade 3
4. A German Balloon in Antwerp 3
SECTION II.
5. Use of the White Flag 5
6. A South American "Pseudo-Republic" 5
7. A Tavern Brawl 9
8. A Threatened Diplomatic Rupture 11
SECTION III.
9. Death Sentence on Russian Terrorists 11
10. The Case of De Jager 13
11. A Kidnapped Chinaman 15
12. A Case of Bigamy 15
SECTION IV.
13. A Shot across the Frontier 17
14. A Revolted Prize 17
15. Investments Abroad 19
16. Russian Coasting Trade 19
SECTION V.
17. Exceeding the Speed Limit 21
18. A New-born Island 21
19. An Irate Queen 23
20. An Incident in the Black Sea 23
SECTION VI.
21. The Case of the _Trent_ 25
22. A Double Murderer 25
23. A Masterful Customs Official 27
24. Russian Refugees and Foreign Asylum 27
SECTION VII.
25. A Conversion at Sea 29
26. A Frontier Affray 31
27. General Vukotitch 31
28. An Anglo-French Burglar 33
SECTION VIII.
29. Signals of Distress 35
30. A Change of Parts 35
31. Violation of a Foreign Flag 37
32. A Pickpocket at Sea 37
SECTION IX.
33. Gypsies in Straits 39
34. A Question of Annexation 41
35. Disputed Fisheries 41
36. Imperial Coasting Trade 43
SECTION X.
37. A Russian Crime tried in Austria 43
38. Stratagem or Perfidy 45
39. Murder of a German Consul in Mexico 47
40. Cossacks at Large 49
SECTION XI.
41. Islanders in Revolt 49
42. Seizure of Ambassadors 51
43. An Envoy in Debt 51
44. Treaty Bargaining 53
SECTION XII.
45. A Fallen President 53
46. A Murder in Monaco 55
47. A Question of Interpretation 57
48. The Island of Santa Lucia 57
SECTION XIII.
49. An Attache's Chauffeur 59
50. In Quest of Balata 61
51. A "Sujet Mixte" 63
52. Koreans at the Hague Peace Conference 63
SECTION XIV.
53. The Adventures of a South American Physician 65
54. Extradition of a British Subject 65
55. The Case of the _Oldhamia_ 69
56. An Ambassador's Estate 73
SECTION XV.
57. Dangers of Ballooning 75
58. Family Honour 75
59. An Ocean Chase 77
60. The _Maori King_ 77
SECTION XVI.
61. The Island of Rakahanga 79
62. A Complaint against the Police 79
63. A Man with two Wives 81
64. A Murder on a Mail Boat 81
SECTION XVII.
65. Persian Disorders 83
66. The Expulsion of Monsieur de Reus 85
67. The Case of McLeod 87
68. A Thwarted Suicide 87
SECTION XVIII.
69. An Insult to an Ambassador 89
70. A Question of Legitimacy 89
71. The Coachman of an Envoy 91
72. The Case of Schnaebele 91
SECTION XIX.
73. Amelia Island 93
74. Representation to China 93
75. Exemption from Rates 95
76. Errant Balloons 97
SECTION XX.
77. Sully in England 97
78. Homicide by an Attache 99
79. A Disputed Capture 99
80. The Punishment for Murder 101
SECTION XXI.
81. A Traitor's Fate 101
82. An Interrupted Armistice 103
83. Shooting Affray in a Legation 103
84. The Surrender of Port Arthur 105
SECTION XXII.
85. An Ambassador's Brother 105
86. A Detained Steamer 107
87. Prussia and the Poles 107
88. A Charmed Life 109
SECTION XXIII.
89. A Daring Robbery 111
90. The Fall of Abdul Hamid 113
91. A President Abroad 113
92. A Rejected Ambassador 117
SECTION XXIV.
93. Revictualling of a Fortress 119
94. Dutch Reprisals 119
95. Birth on the High Seas 121
96. A High-handed Action 121
SECTION XXV.
97. The _Southern Queen_ 123
98. A Three-cornered Dispute 123
99. Russian Revolutionary Outrage in Paris 125
100. The Detention of Napoleon I. 127
SECTION I
1. _A Councillor of Legation in difficulties._
In 1868 the French journalist Leonce Dupont, the owner of the Parisian
newspaper _La Nation_, became bankrupt. It was discovered that this
paper was really founded by the councillor of the Russian legation in
Paris, Tchitcherine, who had supplied the funds necessary to start it,
for the purpose of influencing public opinion in Russian interests. The
creditors claimed that Tchitcherine was liable for the debts of Dupont,
and brought an action against him.
2. _Neutral Goods on Enemy Merchantman._
A belligerent man-of-war sinks his prize, an enemy merchantman, on
account of the impossibility of sparing a prize crew. Part of the cargo
belongs to neutral owners, who claim compensation for the loss of their
goods.
3. _American Coasting Trade._
In 1898, after having acquired the Philippines and the island of Puerto
Rico from Spain by the peace treaty of Paris, and in 1899, after having
acquired the Hawaiian Islands, the United States declared trade between
any of her ports and these islands to be coasting trade, and reserved
it exclusively for American vessels.
4. _A German Balloon in Antwerp._
The following telegram appeared in the _Morning Post_ of April 7th,
1909, dated Brussels, April 6th:
"An incident which is regarded with some seriousness by Belgians has
occurred at Antwerp. A balloon which for a time was observed to be more
or less stationary over the forts finally came to earth in close
proximity to them. It proved to be a German balloon, the _Dusseldorf
No. 3_, controlled by two men, who, on being interrogated by the
Commander of the fortifications, declared themselves to be merely a
banker and a farmer interested in ballooning in an amateur fashion, who
had been obliged to descend. The General commanding the Territorial
Division adjoining Antwerp was informed of the incident. On an inquiry
being opened it was found that the aeronauts were none other than two
German officers, and that the balloon forms part of the German Army
_materiel_. The Minister for War was immediately informed, and he has
communicated the facts of the case to his colleagues. The inquiry is
being continued. In the balloon was found a quantity of photographic
apparatus."