Show LAW NOW L 11 71 BEING BE I 1 N G I 1 i MADE L I 1 1 i sed sec I 1 root discloses the I 1 drift dr ift of modern diplomacy I 1 washington april 24 secretary root president resl dent of the american society of international law opener the ille mewung aih ith an address on the sanctions of international law in which he took occasion to discuss lit in most interesting manner the developing ve velO force of public opinion in international tern ter affairs ile he said one d accustomed to the administration of municipal law wh who 0 turns his attention for the first time to tho the discussion of practical questions arising between fiat nations lons and dependent upon the rules of international law must be ofte oft 6 ukly a all ference the avos t which mat materially e r fal ly a affects if ec ta the intellectual processes involved in eveia every discussion and which is apparently patently ly fumi fundamental adly the proofs and arguments adduced by the municipal lawyer are a re addressed to the object t of setting betting in motion certain legal machinery which will result tn in a judicial judgment t to 0 be enforced by the entire power of the state kate over litigants subject to its jurisdiction and control when athe the international lawyer on the he other hand heind proceeds to seek tho the establishment of rights or the redress ot of wrongs in a concrete case he has apparently no objective point to which ba cabi can address his proofs or arguile Is except the conscience and of justice of of the opposing party to ohp controversy IQ in only rare exceptional and peculiar cases do the of the international lawyer however clearly demonstrated bavi behind ibern them the compulsory effort pf af in tile the ast majority of practical questions arising under the rules of international law there does not appear on ahe he surface to lo be any T reason eason why ethern eLtera I 1 Darty arty should abandon its own contention or yield aganet its own oa nt to the althe ido this apparent absence of sanction for the enforcement of the rules of law has led or great authorities to deny that those rules are entitled to be called law la wat at all andthil and this apparent hopelessness of I 1 to the mind which limits lims fr s it its consideration to the procedure in each particular case a certain sense of futility of argument nevertheless all the foreign offices of the civilized worlds are continually discussing ingrith wIth each other questions of in law aw both public and yaw yato and hopefully marj acts facets furnishing evidence and arguments and building up records designed to show that the rules of international lay law require such ani things to be done or such prid such things to be left undone and in countless cases nations are yielding to such arguments and shaping their conduct against their own apparent interests in the particular cases under discussion in obedience to to the rules which are shown to bo be applicable careful consideration seems to lead to the conclusion that there are sanctions for the enforcement of In interns law no less real and substantial than those which insure obedience to municipal law jn in the vast majority of cases men refrain from criminal conduct because they are unwilling to incur in the community in which they live the public condemnation and obloquy which would follow a repudiation of the standard of conduct proscribed prescribed by that community for its members where it happens that the law and p i opinion point different ways the 1 latwis invariably the stronger the force of bf law is in the public opinion which prescribes it conformity to i 11 the standard of business integrity which obtains in the community is necessary essary to tb success etlo cess social esteem aaa ari standing rii power and high place in the P in public office in all enterprises depend upon conformity to lo the standards of con duct in 14 the community loss of those these Is 16 the mos most t terrible penalty society can cae inflict v the rules of international law are enforced by the name bamo kind of sanction less certain and peremptory but continually increasing in effectiveness of control A decent respect for the opinions of mankind did not begin with the Arne american rican declaration of independence but it Is interesting that the first public national nal act in the now new world should be an appeal to that universal uni vereal international public opinion th power and effectiveness of which the pow new world ha has done to so much to promote note iq in former times each isolated na tan satisfied with its own opinion ot of Ifa elfand indifferent to the opinion of others separated from all others by r uttian pl Ip ignorance orance and min judgment re regarded garaca only the physical power of other nathone nat lone now however there may mw b be seen plainly tho the effects of a lonik long COntin continued fled process which is ir break ang the isolation of nations peer per nf every evay country with better b e ater knowledge and understanding of every other country spreading throughout mie rth world a knowledge acknowledge of each govern ineneo conduct to serve as a oasis buts for and an cl judgment and gradually jn national kation if sia standards edards of conduct are be any sta bUshed and a world wide public 11 0 opinion is holding nations to conformity or condemning them for disregard oftie established standards with them the breaking down of coola ceol tt enthat at makes a common public opeti wn jo n kafe the building ding up of standards as of conduct coif duct la is being accomplished by y formulation and establishment j at 0 rules est I 1 are ta 4 11 I 1 I 1 ill I 1 ken out of the domain of discussion into that of general accept acceptance ince a a process in which the recent conferences at the hague have played a great and honorable part there is no civilized country now noi which I 1 is not sensitive to this general opi opinion ominio nio nor that is willing to subject itself to the discredit of standing brutally on its power to deny to other er countries the benefit of recognized rules of right conduct i the deference shown to phlp international public opinion is in due proportion td a nations great greatness liess and advance in civilization the nearest approach to defiance Is found nt among the 1 most isolated and least civilized of countries whose ignorance of the world prevents the effect of the worlds opinion and in every such guch country internal disorder oppression poverty and wretchedness mark the penalties which warn mankind that the laws established by civilization for the guidance of national conduct can not be ignored with impunity I 1 manifestly this power of international public opinion is 1 exercised not knot so much antich by governments as by ale of each country wh apse ipse opi opinions niona are interpreted in the press and determine the count rys attitude towards the nation whose conduct yve are under consid aeration er atlon international opinion la Is the consensus of individual opinion in the afie nations the mos most certain way to promote obedience to the law of nations and to substitute the power of opinion for the power of armies and navies is f o on n the one liandro hand liand to foste foster that decent respect for the opt opinions anions of mankind w which it ic h found place in the government declaration of 1776 and on the other hand to spread among the people of every country a ju just st appreciation of I 1 international ethics and duties and a i knowledge of the principles of rules of international law to which national conduct ought to con conform conforsi forni so that the general opinion whose approval or condemnation supplies lieg the san sanction eti on for the law may mav be sou sound nd and just and worthy of ri respect |