The sun. [volume] (New York [N.Y.]) 1833-1916, 1902-12-26
THE HAGUE Tribunal.
The Need Now Of Revising the Code Of
International Law,


The Need Now Of Revising the Code Of
international Law.
To THE EDITOR or The SUN-Sir: The
allusion last Tuesday by your Washington
correspondent to the vexed question Of domi-
Gle In relation to the Venezuela embodiment
illustrates the present need OF a sound and
consistent body Of international law that
viii please the nations and be obeyed
such an Internal onal code will not be
made by arbitrations conducted and super
vised to-day by this head of state. tomorrow
by that. and the next day by another. There
viii not be continuity of similar tendencies
which Is essential for the building of a system
OF law out Of which will emerge the harmony
OF the world There must be a permanent
court, judicial tribunal. having the conf
dence OF the nations, which will establish
and follow its own presidents. keep open
doors. publish its reasons and enforce In a
proper manner stare dscisis. A succession
OF sOvereigns or Presidents as judges cannot
do that! They will not have the time. the
early training or the habit Of mind. Which one
among all OF them to-day In America. Europe.
Asia or Africa really deems himself competent.
by himself, to examine and decide all the
possible questions of law and fact in the
Venezuela controversy? Which foreign Of
flee l. competent?
Not a purely diplomatic. or executive. or
legislative decision Is needed, but one arrived
at by judicial methods into whose inner
working all the nations can look.
The beginning. the promise. the hope OF
such tribunal is at The Hague Good men
in the Old World and the New have lonsed
and laborcrd therefor. II is in sight! The
Administration at Washington can now give
to It what may be a decisive lit!
What Il now required is not body OF
American law whether North or South
American-or European law. but a code OF
international law which has the consent OF
all the nations, Otherwise It cannot be in
ternational law; the la W OF all the nations
The great and strong Powers must not
dictate public law to the small and weak ones
Reclamations and indemnities must not
by mere brute force. be wrunR out OF dis
turbed and backward states Aliens should
not be preferred over natives. There must
be- one rule for all
II there Is as there is. divergence OF opin-
ions between South American and Central
American states. on the one hand and Eu-
ropean as well as North American states.
on the other hand respecting losses and dam
ages resulting from mobs and civil disturb
ances. and the principle OF indemnity. re-
specting nationality. domicilc and residence.
the acts OF authorities. the right OF side
governments to intervene, the denial of
justice. the loss OF a right to national pro-
lection then all the nations should unite
on n system Of reconciliation
The system cannot be invented In Wash
ington and forced down the internati onal
throat
II is probably now our doctrine that even
II one OF our citizens acquires a domicilc in
Venezuela, makes there his house, amino
manend', and the seat of his affairs, he does
not lose the protect ion of the United States
II it sees 1T to exert it in his behalf, nor