arbitrable-Selection of questions for arbitration-Rules govern- ARTICLE III. The Method of Constituting an International Assembly of Codification. The Assembly to be variously representative-Scientific legists alone ARTICLE IV. Substantive Public International Law. Subjects not to be touched by the Code-Internal and organic laws Nature and importance of the judicative branch of the Code- Executive Public International Law. Difficulties in executive law-The question of the use of physical force-Suggestions of obstacles-Physical force a part of schemes hitherto projected-Independent examination of the modes of dealing with a refractory power-The partial political codification proposed does not anticipate disobedience-The use of physical force would transcend the limits of the true international organization-Effect of expulsion of a refractory power from the association-Illustration from broken treaties-Expulsion not recommended-Power executing its own judgment-Suspension of neutral rules-Submission of grievance to tribunal before going to war-Further suspension of neutral rules-Penal pro- visions not advisable-Perpetuation of the international organiza- tion-Effect of contingent or actual war—Withdrawal from the association the only mode of terminating the organization- Miscellaneous points-Eligibility of powers for membership of the of a power from the Code-Initiatory character of the Code now ARTICLE I. Introduction. Sect. 1. The international idea in common consciousness is of comparatively recent origin. The early social and political organizations were founded on the egoistic sentiment-the sentiment of self-preservation and self-aggrandisement. In the progress of the development of this sentiment the external organizations were regarded as enemies, and were preyed upon for egoistic purposes. Thus, each social and political organization was at enmity with all others, and conquest was the ordinary means of social and political advancement. Sect. 2. Under such a condition of things some organizations were destroyed and others enlarged and strengthened by incorporating the fragments of the broken states, communities or families. Subjugation, conquest, war were the constant concomitants of the social and political organism in all ancient and medieval times. The order of the development of governmental ideas seems to have been as follows:-the patriarchal, the state, the national, the confederate, the international. It is unnecessary to give a definition of these several ideas and their corresponding organizations at present. It will only be necessary to say that as the world advanced and the governmental organizations, which had survived the era of perpetual warfare, began to communicate with each other in peaceful modes, and to understand each other, there arose the altruistic sentiment which revealed to mankind the fact that the best mode of national preservation and aggrandisement is that in which a promotion of the interests of others constitutes a large factor. With the appearance of this idea in political consciousness—the idea not only of the "to live" but also of the "to let live"-wars began to decline in frequency and in cruelty. In this condition of things it is easy to see how the rise of the international idea became natural; and although the idea was entertained at an early period of national history by a few individuals of advanced views, yet it did not appear in the general consciousness until a few centuries since. Sect. 3. Doubtless, the necessities of the case contributed much to the development of the altruistic sentiment in national life, the spread of the human race, the subsequent cohesion of large numbers in certain distant localities, the difficulty of carrying on wars with distant communities, the equality of strength among a certain number of communities, and the consequent necessity for some communities to permit other contemporary organized social and political life form a series of causes which led to the existence of separate and independent governments, and this was independent of the rise of the altruistic sentiment; although both necessity and sentiment may have concurred to produce the same result. Thus, with the natural necessity for the existence of independent governments there arose a necessity for peaceful intercommunication; and this accelerated the rise of the altruistic sentiment in the political consciousness, and it would not be difficult to show that the whole course of events for more than twenty centuries past has been preparatory to the development of the great international idea in human consciousness. Sect. 4. The condition of the world before the first appearance of the altruistic sentiment in political life was, as I have said, that of perpetual warfare. The progress of the human race through the egoistic period is thus aptly described by Herbert Spencer in a recent essay on "Specialized Administration":-"At the one extreme we have that small and simple type of society which a wandering horde of savages presents. This is a type almost wholly predatory, in its organization. It consists of little else than a co-operative |