International Incidents for Discussion in Conversation Cla.s.ses.

by La.s.sa Oppenheim.

PREFACE

For many years I have pursued the practice of holding conversation cla.s.ses following my lectures on international law. The chief characteristic of these cla.s.ses is the discussion of international incidents as they occur in everyday life. I did not formerly possess any collection, but brought before the cla.s.s 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 cla.s.s 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 cla.s.s 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 cla.s.s 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 cla.s.ses 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 a.s.sistant, 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_.

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 quant.i.ty of photographic apparatus."

SECTION II

5. _The Use of the White Flag._

During war between states A and B, an outlying fort of a harbour of state A is being bombarded by the fleet of state B, and is in danger of capture. Suddenly the white flag is hoisted on the fort, and a boat flying a white flag and carrying an officer and some men leaves the fort and makes for the flagship of the bombarding fleet. Thereupon the fleet receives the order to cease firing. Shortly after this has been carried out, the boat flying the white flag, instead of continuing its course, returns to the fort. Under cover of this manoeuvre the bombarded garrison succeeds in abandoning the fort and withdrawing in safety.

6. _A South American "Pseudo-republic."_

The following appeared in the _Times_ of April 26th, 1904:

"The utility for the practical politician of the study of that branch of sociology to which M. Lebon has given the non-cla.s.sical name of the psychology of crowds is amusingly demonstrated in the fact of the efforts of the still nebulous State of Counany to materialize and to attain a separate and independent existence among the South American Republics. What is taking place would seem to be a simple phenomenon of suggestion, induced by the example of Panama. The fate of the vague territory known as Counany had been settled, as every one supposed, by the arbitral sentence of the Swiss Tribunal by which this region, with which France and Brazil had played diplomatic battledore and shuttlec.o.c.k for more than 175 years, was finally handed over to the latter Power.

"Brazil has never, it appears, taken effective possession of Counany, and the population, whose flag, if ethnographic differences were to be symbolized in it, ought to be a sort of Joseph's coat of many colours, are now apparently once more appealing to the civilized world to aid them to secure a separate existence. What recently occurred on the Isthmus of Panama, when a new State sprang full fledged into being, would seem to have been an object lesson acting automatically on the nerves of these Indians, whites, negroes, and half-castes, welding them into a compact whole and giving them a self-consciousness craving European sanction. Hypnotized by Panama, and, it may be, counting upon the eventual support of one of the Continental Powers which has already shown the world that Brazilian affairs are not beyond the range of its diplomatic vigilance, Counany steps once more to the fore.

"A Paris morning paper, the _Journal_, plays the _role_ of introducer of the new Counany Amba.s.sador. This Amba.s.sador is a certain M. Brezet, who comes to France, in spite of the sentence of the arbitral tribunal, as President of a State which is described by all competent authorities as a _pseudo_-republic, summarily wiped off the map as an independent State. M. Brezet, moreover, is a Parisian who has served, it is said, in the French forces in Guiana. He is now for the second time enjoying the confidence of the Counanians, strong in the prestige won by his success in having repulsed the Brazilians who sought dutifully to carry out the terms of the clauses of the Berne Decree. 'After having prepared the military and administrative reorganization of Counany, he has come on a mission to Europe to defend the interests entrusted to him.' Such is the story reported by the _Journal_.

"Counany, now described as the vast territory between the Amazon and the two Guianas, is not merely a relatively accessible stretch of coast-line and _Hinterland_ for a certain enterprising European colonial Power, which has already prospected in Brazil, Venezuela, and the unknown world between the Amazon and the Orinoco. Counany is likewise on the high road of sea communication between the south of South America and the eventual link between the Atlantic and the Pacific, known as the Panama Ca.n.a.l. The Counany coast-line is a covetable strip of the South American coast which at more favourable moments might even distract our attention from Morocco."

7. _A Tavern Brawl._

In 1902, in an inn on the German side of the German-French frontier, an altercation arises between Franz h.e.l.ler, an Austrian subject, and a Frenchman. They leave the inn together, still quarrelling. The Frenchman hits h.e.l.ler with his stick and runs away across the frontier.

h.e.l.ler, however, draws a revolver and shoots the Frenchman dead. The French government demands his extradition for murder.

8. _A Threatened Diplomatic Rupture._

The following appeared in the _Times_ of Feb. 22nd, 1908, dated Sofia, Feb. 21st:

"A diplomatic rupture between Servia and Montenegro is threatened. The Servian Minister has been instructed to leave Cettigne should satisfaction not be accorded for certain injurious observations made by M. Tomanovich, the Montenegrin Premier, in the course of a recent speech. Relations between the two dynasties and countries have long been strained, and the quarrel has become acute since the refusal of the Servian Government to take the measures demanded by Montenegro against refugees and others accused of partic.i.p.ation in the recent plot against the life of Prince Nicholas."

SECTION III

9. _Death Sentence on Russian Terrorists._

The following appeared in the _Times_ of Feb. 29th, 1908: