Page 79 - NAVAL SCIENCE 3 TEXTBOOK

Fundamentals of International Law

III order lor nations to be able to conduct relations with each other La\\' is the gtl<1rdian of the presumption of good f'lith, which is the
on matters such <15 trade. exchange of money, tourists, boundary cement that holds our society together. In international affairs the
questions, collll1lunications. mail, and a host of other subjects, steady consolidation of Ihe rule of law is the altefl1<1ti\'e to the law
of the jungle, and is an essential condition. in this 1l1lc1e<lr age, for
each of the contracting parties Illllst be all independent and sover-
the survi\'al of man. The law plays a \'astly more important role
eign slnte. This means that the nation is fi'ee of foreign control and
in world affairs than occurs to most people. It provides interna-
is able to conduct its own busincss in a legal milnner.
tional goals to which ,,'e must bend our national enorts .. . forms
In the United States, the Department of State handles most of
the basis for collective ilCtion by which nations guard the peace .
our government's relations with other nations. Oftell, the business
knits together countries in an ewrstronger fabric of agreements
between our nation and 0 1 hers is conducted b)' om rtl1lbnssnrlors-
about common policies ilnd goals . .. [and) provides the tools
accredited persons who represent our government in the capitals wilh which mankind can deal with the utterly new problems we
of the foreign cOllntr)'. These ambassadors, on direction of our encounter on Ihe Earth and in space around it.
government, often engage ill talks called ncgoti(l/iol/S with repre-
Dip/oll/nc)' is defined in the Oxford Ellg/is/, Dictiollnr), as "the
sentati\'es of the host government. From these negotiations come
management of international relations by negotiation, and the
treaties of friendship, militilry alliances, and commercial agree-
method by which these relations are adjusted and mnnaged by
ments that are mutually beneficial.
ambassadors and en\'oys." The main point to emphasize is the
method of negotiation. Diplomacy is a substitute for force. It is the
International Law and Diplomacy means of obtaining the maximum benefit to the nation without
resort to force.
In order to reach an understanding of what international law is, it
Diplomacy always depends in some degree 0 11 the power-
might be helpful to consider the two component words individu-
military, economic, mom I, or allied--{)f the state for which the
ally. bltemntiollnimeans between nations, or behveell citizens of
diploI1lilt is acting. There mayor Illay not be a threat of tarce,
dilrerent nations. ifllV may be defined as "all the rules and princi-
but without any power behind it, there is no likelihood of much
ples of human conduct established and enforced by the authority,
success ill any diplomatic negotiations over important issues
legislation, or custom of a recognized governing power." In combi-
between nations.
nation, the words illtenwt;O/If/I/fllI' have been defined as "the sys-
tem of rules and principles, founded on treaty, custom, precedent,
and consensus, which civilized sovereign nations recognize as
History of Diplomacy
binding on the mutual relations behveen them." Some of this law is
The development of the art of diplomac), began welI before the
formal as prescribed in treaties and agreements, and some is infor-
birth of Christ. The pharaohs of Egypt and other earl)' rulers had
mill, unwritten but legally functional because of tradition ilnd cus-
agreements with rulers of other states concerning sovereignty, mil-
tom. International law is divided into public and priviHc bodies of
itary assistance, refugees, <lnd immigrants. The Greek city-states of
law. The former deals with relations between sovereign states, a'nd
Athens and Sparta built on this early experience, and by the time
the lntter with relations between individuals in difTerent countries.
of Plato, about 400 B.C., the)' had developed and defined treat)'
Public internationalla\\' will be the main focus of this text.
The United States has always regarded international law as law and methods of negotiation, principles of international Ilrbi-
an important part of our nntional laws. In fact, the Constitution triltion, the rights and duties of aliens, the immunity of arnbassa-
dors, and the right of as),lum.
itself directs that treaties form part of the supreme law of the land.
During the Middle Ages, relationships based on diplomac),
Likewise, the Supreme Court has ruled that "intel'llatiollallaw is
began beh,'cen the kingdoms on the Italian peninsula. Venice,
part of our law, and must be <ldministered by the courts of justice"
Florence, Genoa, Rome, and Naples, among others, were essen-
",hene\'er leg<ll questions nrise in litigation.
tinily independent city-states that were either at wnr or ill alliances
Fonner secretaq' of state Dean Rusk emphasized the impor-
with each other much of the time. Agents called nmbass<ldors
tance of international law to Americans in this way:
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