Page 80 - NAVAL SCIENCE 3 TEXTBOOK

INTERNATIONAL LAW AND TIlE SEA 85

were sent from one city-state to another to conduct the relations Additionally. certain diplomatic correspondence contributes
between them. The dwellings in which they lived all the foreign to the body of international law, in that these papers are a source
soil became known as elllb(lssies. of information regarding the attitude of states toward particular
In the beginning, many of these ambassadors were merely problems. Over a period of time, this correspondence can gain
spies, for many llsed bribes, lies, and other disreputable means to international ilcccptance as definitions of what the lilw is conccrn-
steal political documents or gain information of potential value to ing particular issues.
their rulers. Undoubtedly the most fa mOlls of these earl)' diplo- Trcaties, cOIwentiolls, and agreements .ue sources of law that
mats was Niccolo Machiavelli of Horence. In ISI3 he wrote a book bind countries together just as <l contract binds the parties to it
called The Pr;lIce, which described his experiences and the diplo- under national law. A tr('(lty is a contract between independent
matic practices of the time, many of which were ullscrupulolis. nations and depends for its enforcelllent on the interests and honor
Not ,111 European ambassadors went to such extremes, but there is of the governments that are parties to it. I3reaking a treaty willllor-
little doubt that the term lI/(lch;(ll'elli(lll, which to this day is used to mally resuit in international repercussions at the least, and, in
describe unethical political activities, applied to man}' of the royal extreme cases, may lead to war. Treaties Illostly cover the more vital
courts of that time. Being an ambassador in these early da)'s was areas of international relations, such as political commitments.
not al\\'a)'s conducive to long lite, since bearers of bad news were military alliances, and settlement of territori;:t1 claims. They are
sometimes eXl~cllted. considered primary sources of international law. N(I!,), Reglllatiolls
In the late fifteenth century the Republic of Venice became indicates the importance of treaties to naval commanders: "On
the first governlnent to establish pennanent resident embassies ill occasions where injury to the United States or to citizens thereof
other countries. During the sixteenth century many of the Italian is committed or threatened. in violation of the principles of inter-
states developed two specialized government services: the diplo- nationilililw or treaty rights. the senior officer present shall con-
matic service, which looked alter political matters, and the con- sult with the diplomatic or consular representativcs of the United
sular service, which concerned itself with trade and commerce, States, if possible, and shall take such action as the gravity of the
These two services together brought about closer relations between situiltion demands. The responsibility tor illly action taken by a
the states and formed the basis for modern internationalla\\'. naval force. however, rests whoUy upon the senior officer present."

Sources of International Law T he Sovereign State
1 nternational law is not compiled into il hand), text that one can In any discussion of international law, there is lllllch terminol-
draw from the library. It is, rather, a bod)' of law that has del'e1oped ogy peculiar to that field. Much of this is commonly used without
from il number of sources, i1 portion of which is unwritten. The attention to subtle differences, while some is uniquc to thc field.
International Court of Justice in The Hague, Netherlands, ,,'hich 13efore proceeding further, it is necessary to bccome familiar with
rules in cases on the basis of "internationally accepted law," has some of this terminology.
provided that international law Illay be based on the following: The terms state. 11(I(iol/. and col/llfry are commonly thought of
as synonymous, but therc ilre subtle differences in precise mean-
International conventions, treaties, and executive agreements
ings. The term COllllfl)' generally refers to the territorial limits or
recognized by contesting states
geographic boundaries 011 a map. N(ltiOiI pertains to people and
Internatiollal Cllstom (cllstomary law) and general practice
their common blood ties, language, customs. ,md, perhaps, reli-
long established
gion. The word stnlc stresses the go\'crnmental authority of the
Judicial or court decisions in international tribunals and arbi- political entity.
tration courts agreed upon by the countries having conflict- In discussing international law, we normally are talking about
ing claims the relationships between sovereign states-that is, legal entities
The commonl)' accepted teachings of high I)' qualified pub- thilt are considered capable of speaking for themselves. Under inter-
licists (writers) and scholars in the field of international law national law a sovereign state has three specific charilcteristics:
sllch as Hugo Grotius, who in 1625 published a treatise, Tile
It is a permanently organized legal society or government.
L(l1\' of' \'l1,. (llIri Pence, which earned for him the title "Father
It is a Ii '{cd territory, free from control of any other state.
of International Law"
h has the ability to enter into associations with other states.
The decisions of variolls national courts, including admiralty,
It is important to note that the geographic size of the state does
prize. and consular courts, which contribute to the body of
not affect its sovereignt),; the prime co;}sideration is whether or not
law and are referred to as the general principles of law recog-
the stilte is independent of any olltside jurisdiction (control). The
nized by all civilized nations of the world