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arbitrable-Selection of questions for arbitration-Rules govern-
ing arbitration-Desirability of codifying substantive law to a
limited extent-Codification should be substantive, judicative,
and executive-Effect of partial political codification on moral
sanction.

ARTICLE III.

The Method of Constituting an International Assembly

of Codification.

The Assembly to be variously representative-Scientific legists alone
not competent to produce required code-Merits and demerits of
scientific codification-Ideal and practical methods-Comparison
of Continental with English and American methods-Difficulty
of meeting demands of all classes of jurists-Diversity of
characteristics to be represented in the Assembly-Several persons
to be appointed from each nation-Method of appointment-
Initiatory movement-Diplomatic action desirable-Relative im-
portance and position of political and of scientific codification-
Necessity of organization-Mode of the Assembly's organization
and operation-Magnificence and importance of the Assembly-
General character of the work to be done.

ARTICLE IV.

Substantive Public International Law.

Subjects not to be touched by the Code-Internal and organic laws
of the respective nations not to be affected--Form of govern-
ment---Acquirement of territory-The question of disarmament
-Disarmament a purely national matter--How disarmament will
be effected-Relations of associated nations with outsiders-True
international organization does not require disarmament-Alliances
among nations-No positive alliances to be provided for-
General relations of associated powers with outsiders-General
negative provisions of the Code-Advantages of negative forms
of expression-Affirmative provisions-Requisites of membership
of proposed organization-Independence of sovereignty-Acquire-
ment of new territory-Boundary lines-Erection of new
sovereignties-Provinces in rebellion-International equality-
Duty of associated powers to enforce the Code within their
respective dominions-Jurisdiction of nations on seas and ships-
Distance out to sea of extent of territory-Piracy-A funda-
mental principle of codification-Rules of warfare and neutrality
-Recognition of belligerency-Duty of neutrals-Some matters
not to be included in Code.

Nature and importance of the judicative branch of the Code-
Constitution of the tribunal and the mode of procedure con-
trasted-Variability and permanence to be secured in the tribunal
-Selection of judges-Jurisdiction of the tribunal-An inferior
tribunal to be established-Respective powers of the higher and
lower tribunals-General arrangement of the scheme of judi-
cative law-Mode of bringing controversies before the Court-
Location of sittings-Appeals-Advantages of the scheme pro-
posed Similarity of adjudication and arbitration-Benefits of
the establishment of the tribunals.

Miscellaneous points-Eligibility of powers for membership of the
association-No test as to civilisation or religion to be required—
Only a political criterion to be established-Universal character
and object of the Code-Reciprocal character of the obligations
of the Code-Ratification and adoption of the Code-Withdrawal

of a power from the Code-Initiatory character of the Code now
proposed-Necessities of future amendment-Periods of amend-
ment-New assemblies for amendment-Ratification of amend-
ments-Principles governing amendments-Treaties and agree-
ments inconsistent with Code to be null and void-Summary—
The preliminary manifesto or invitation-The members of the
Assembly-The place of convening-The extent of codification
-Provisions of substantive law-Provisions of judicative law—
Provisions of executive law-Miscellaneous provisions-The
Governments to know beforehand the general character of the
codification-Concluding observations and reflections.

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

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