Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1907-08-28
INTERNATIONAL LAW.
A correspondent writes from Farm
ington under date of Aug. 60:

correspondent writes from Farm
ington under date Of Aug. 90;
Editor Deseret News-Will you
please explain how international laws
are made, and how, and by whom are
such laws enforced and are there any
instances on record of their being en-
forced?
DO you know why there is evidently
no law permitting property TO be
turned over To n neutral power to he
held until the war ends, and then un-
I'll n proper tribunal decides as 60
which party is entitled to said prop
erty?
"For instance, II such a rule had
been in force. when Port Arthur was
about to be surrendered by the Rus
SLAMS, they could instead Of destroy
ing lot OF war vessels and other prop
erty, have turned IL over TO the agents
of neutral power. II either party
during n war captured war or NOR
chant vessels or other property. and
could not consistently retain posses
sion Of the same. instead of destroy
ing n. as Is now done. 1t could be dis
posed of as above mentioned the cap
tain and crow of a captured vessel
could be required to sign an agree
ment Ia sail to designated port. and
remain there. and they would no doubt
prefer this plan 10 the present method
OF destroying their vessel and taxing
them as prisoners of war
With regard to the question as to
how international law is made, ae-
cording to Grotlus, the sources OF such
law are: Natural law. divine law, GUS
toms. and special compacts There
are principles of right which are die
tated by reason and which seem to no
common TO all people alike These
have been called natural law. when
they are embodied IN positive enact
ments they form part of the municipal
law of the state that enacts them.
When they are regarded as the basis
of the dealings of one state with an
other, they are called international
law. The rules governing internation-
al intercourse are embodied in treaties.
conventions and agreements. but the
underlying principles are founded in
the accepted laws of morality. There
Is. as yet, no International legislative
assembly, but the hope of peace friends
is that the parliament of man will some
day be established.
Iternatlonal law has not been re-
duced to writing In codified form, but
II IL therefore not less certain. 1t IL
considered an integral part of the com
mon law Of England and of the law
of our own country. The following
is from an opinion of Chief Justice
Gray:
international law is part of our
law, and must be ascertained and adj
mirligteTpd nv the pnurts uf fuetipa NJ
appropriate jurisdiction, as often as
questions of right depending upon 1t
are duly presented for their determine
ton. For this purpose, where there
is no treaty. and no controlling exec
utive or Legislative act or judicial de-
cision. resort must be had to the GUS
toms and usages of civilized nations;
and as evidence OF these, to the works
of jurists and commentators. who by
years of labor, research and experience,
have made themselves peculiarly we'll
acquainted with the subject OF which
they treat. Such works are resorted
to by judicial tribunals, not for the
speculations OF their authors concern
ing what the law ought to be, but for
trustworthy evidence of what the law
really is
AS to the question of the enforce
ment of international law, there is as
yet no court with power and authority
to compel nations to obedience. In the
case Of private individuals who may
disagree and go to court for a settle
ment, the enforcing power is the SOW
ereign over and above both of them;
but sovereign states have no sovereign
power over them. and there is no other
way of compelling compliance with
the law of nations than war. Inter-
national arbitration has for it's aim the
abolition of war by the peaceful agree
ment of belligerents TO abide by the
decision of a third party. This mode
OF disposins OF international difficult
ties is still only In its beginning. but
when International law shall have pre-
scribed not only method OF procedure
but also a set of rules In accordance
with which rights may be adjudlcated
and determined. then there WIN be hack
of the decision n moral power which
counts In the enforcement thereof
In the case OF the surrender OF Port
Arthur. the Russian commander knew
very well that, unless the ships were
DESTROYED. they would fall into the
hands OF the Japanese, since the spells
belong 90 the victors and the turning
over of those vessels TO an agent of a
neutral power would not have made
any difference. After the war any
board of arbitration would have award
ed them 10 Japan, as the victor. The
object Of the Russian commanderwheu
he found himself unable to hold the
harbor any longer. was to prevent the
enemy from getting possession OF the
vessels, and other property, and the
only means OF gaining that object was
to destroy as much as possible and
render 1t useless The recognition OF
the truth that the spells belong TO the
victor makes such a course natural
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