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1. R Basics
1. 1.1. Installing a Package
2. 1.2. Loading a Package
3. 1.3. Loading a Delimited Text Data File
4. 1.4. Loading Data from an Excel File
5. 1.5. Loading Data from SPSS/SAS/Stata Files
2. Scatter Plots
1. 2.1. Making a Basic Scatter Plot
2. 2.2. Grouping Data Points by a Variable Using Shape or Color
3. 2.3. Using Different Point Shapes
4. 2.4. Mapping a Continuous Variable to Color or Size
5. 2.5. Dealing with Overplotting
6. 2.6. Adding Fitted Regression Model Lines
7. 2.7. Adding Fitted Lines from an Existing Model
8. 2.8. Adding Fitted Lines from Multiple Existing Models
9. 2.9. Adding Annotations with Model Coefficients
10. 2.10. Adding Marginal Rugs to a Scatter Plot
11. 2.11. Labeling Points in a Scatter Plot
12. 2.12. Creating a Balloon Plot
13. 2.13. Making a Scatter Plot Matrix
3. Summarized Data Distributions
1. 3.1. Making a Basic Histogram
2. 3.2. Making Multiple Histograms from Grouped Data
3. 3.3. Making a Density Curve
4. 3.4. Making Multiple Density Curves from Grouped Data
5. 3.5. Making a Frequency Polygon
6. 3.6. Making a Basic Box Plot
7. 3.7. Adding Notches to a Box Plot
8. 3.8. Adding Means to a Box Plot
9. 3.9. Making a Violin Plot
10. 3.10. Making a Dot Plot
11. 3.11. Making Multiple Dot Plots for Grouped Data
12. 3.12. Making a Density Plot of Two-Dimensional Data
R Graphics Cookbook
Second Edition

Practical Recipes for Visualizing Data

Winston Chang
R Graphics Cookbook
by Winston Chang

Copyright © 2018 Winston Chang. All rights reserved.

Printed in the United States of America.

Published by O’Reilly Media, Inc., 1005 Gravenstein Highway North, Sebastopol, CA 95472.

O’Reilly books may be purchased for educational, business, or sales promotional use. Online
editions are also available for most titles (http://oreilly.com/safari). For more information,
contact our corporate/institutional sales department: 800-998-9938 or [email protected].

Editor: Marie Beaugureau

Production Editor: Kristen Brown
Copyeditor: FILL IN
Proofreader: FILL IN
Indexer: FILL IN
Interior Designer: David Futato
Cover Designer: Karen Montgomery
Illustrator: Rebecca Demarest

April 2018: Second Edition

Revision History for the Early Release
2017-11-09: First release

See http://oreilly.com/catalog/errata.csp?isbn=9781491978603 for release details.

The O’Reilly logo is a registered trademark of O’Reilly Media, Inc. R Graphics Cookbook, the
cover image, and related trade dress are trademarks of O’Reilly Media, Inc.

While the publisher and the author have used good faith efforts to ensure that the information
and instructions contained in this work are accurate, the publisher and the author disclaim all
responsibility for errors or omissions, including without limitation responsibility for damages
resulting from the use of or reliance on this work. Use of the information and instructions
contained in this work is at your own risk. If any code samples or other technology this work
contains or describes is subject to open source licenses or the intellectual property rights of
others, it is your responsibility to ensure that your use thereof complies with such licenses and/or
rights.

978-1-491-97860-3

[LSI]
Chapter 1. R Basics
This chapter covers the basics: installing and using packages and loading data.

If you want to get started quickly, most of the recipes in this book require the ggplot2 and
gcookbook packages to be installed on your computer. To do this, run:
install.packages(c("ggplot2", "gcookbook"))

Then, in each R session, before running the examples in this book, you can load them with:
library(ggplot2)
library(gcookbook)

Note

Chapter \@ref(CHAPTER-GGPLOT2) provides an introduction to the ggplot2 graphing

package, for readers who are not already familiar with its use.

Packages in R are collections of functions and/or data that are bundled up for easy distribution,
and installing a package will extend the functionality of R on your computer. If an R user creates
a package and thinks that it might be useful for others, that user can distribute it through a
package repository. The primary repository for distributing R packages is called CRAN (the
Comprehensive R Archive Network), but there are others, such as Bioconductor and Omegahat.

(1)
1.1 Installing a Package

(2)
Problem
You want to install a package from CRAN.

(3)
Solution
Use install.packages() and give it the name of the package you want to install. To install ggplot2,
run:
install.packages("ggplot2")

At this point you may be prompted to select a download mirror. It’s usually best to use the first
choice, https://cloud.r-project.org/, as it is a cloud-based mirror with endpoints all over the
world.

(4)
Discussion
When you tell R to install a package, it will automatically install any other packages that the first
package depends on.

CRAN (the Comprehensive R Archive Network) is a repository of packages for R, and it is

mirrored on many servers around the world. It is the default repository system used by R. There
are other package repositories; Bioconductor, for example, is a repository of packages related to
analyzing genomic data.

(5)
1.2 Loading a Package

(6)
Problem
You want to load an installed package.

(7)
Solution
Use library() and give it the name of the package you want to install. To load ggplot2, run:
library(ggplot2)

The package must already be installed on the computer.

(8)
Discussion
Most of the recipes in this book require loading a package before running the code, either for the
graphing capabilities (as in the ggplot2 package) or for example data sets (as in the MASS and
gcookbook packages).

One of R’s quirks is the package/library terminology. Although you use the library() function to
load a package, a package is not a library, and some longtime R users will get irate if you call it
that.

A library is a directory that contains a set of packages. You might, for example, have a system-
wide library as well as a library for each user.

(9)
1.3 Loading a Delimited Text Data File

(10)
Problem
You want to load data from a delimited text file.

(11)
Solution
The most common way to read in a file is to use comma-separated values (CSV) data:
data <- read.csv("datafile.csv")

(12)
Discussion
Since data files have many different formats, there are many options for loading them. For
example, if the data file does not have headers in the first row:
data <- read.csv("datafile.csv", header = FALSE)

The resulting data frame will have columns named V1, V2, and so on, and you will probably want
to rename them manually:
# Manually assign the header names
names(data) <- c("Column1", "Column2", "Column3")

You can set the delimiter with sep. If it is space-delimited, use sep = " ". If it is tab-delimited,
use \t, as in:
data <- read.csv("datafile.csv", sep = "\t")

By default, strings in the data are treated as factors. Suppose this is your data file, and you read it
in using read.csv():
"First","Last","Sex","Number"
"Currer","Bell","F",2
"Dr.","Seuss","M",49
"","Student",NA,21

The resulting data frame will store First and Last as factors, though it makes more sense in this
case to treat them as strings (or character vectors in R terminology). To differentiate this, use
stringsAsFactors=FALSE. If there are any columns that should be treated as factors, you can then
convert them individually:
data <- read.csv("datafile.csv", stringsAsFactors = FALSE)
# Convert to factor
data$Sex <- factor(data$Sex)
str(data)
#> 'data.frame': 3 obs. of 4 variables:
#> $ First : chr "Currer" "Dr." ""
#> $ Last : chr "Bell" "Seuss" "Student"
#> $ Sex : Factor w/ 2 levels "F","M": 1 2 NA
#> $ Number: int 2 49 21

TODO: Fix text output formatting

Alternatively, you could load the file with strings as factors, and then convert individual columns
from factors to characters.

(13)
See Also
read.csv() is a convenience wrapper function around read.table(). If you need more control over
the input, see ?read.table.

(14)
1.4 Loading Data from an Excel File

(15)
Problem
You want to load data from an Excel file.

(16)
Solution
The readxl package has the function read_excel() for reading .xls and .xlsx files from Excel. This
will read the first sheet of an Excel spreadsheet:
# Only need to install once
install.packages("readxl")

library(readxl)
data <- read_excel("datafile.xlsx", 1)

(17)
Discussion
With read_excel(), you can load from other sheets by specifying a number for sheetIndex or a
name for sheetName:
data <- read_excel("datafile.xls", sheet = 2)

data <- read_excel("datafile.xls", sheet = "Revenues")

read_excel()uses the first row of the spreadsheet for column names. If you don’t want to use that
row for column names, use col_names = FALSE. The columns will instead be named X1, X2, and so
on.

By default, read_excel() will infer the type of each column, but if you want to specify the type of
each column, you can use the col_types argument. You can also drop columns if you specify the
type as "blank".
# Drop the first column, and specify the types of the next three columns
data <- read_excel("datafile.xls", col_types = c("blank", "text", "date", "numeric"))

(18)
See Also
See ?read_excel for more options controlling the reading of these files.

There are other packages for reading Excel files. The gdata package has a function read.xls() for
reading in .xls files, and the xlsx package has a function read.xlsx() for reading in .xlsx files.
They require external software to be installed on your computer: read.xls() requires Java, and
read.xlsx() requires Perl.

(19)
1.5 Loading Data from SPSS/SAS/Stata Files

(20)
Problem
You want to load data from a SPSS file, or from other programs like SAS or Stata.

(21)
Solution
The haven package has the function read_sav() for reading SPSS files. To load data from an
SPSS file:
# Only need to install the first time
install.packages("haven")

library(foreign)
data <- read_sav("datafile.sav")

(22)
Discussion
The haven package also includes functions to read from other formats:

read_sas(): SAS
read_dta(): Stata

An alternative to haven is the foreign package. It also supports SPSS and Stata files, but it is not
as up-to-date as the functions from haven. For example, it only supports Stata files up to version
12, while haven supports up to version 14 (the current version as of this writing).

The foreign package does support some other formats, including:

read.octave(): Octave and MATLAB

read.systat():SYSTAT
read.xport(): SAS XPORT
read.dta(): Stata
read.spss(): SPSS

(23)
See Also
Run ls("package:foreign") for a full list of functions in the foreign package.

(24)
Chapter 2. Scatter Plots
Scatter plots are used to display the relationship between two continuous variables. In a scatter
plot, each observation in a data set is represented by a point. Often, a scatter plot will also have a
line showing the predicted values based on some statistical model. This is easy to do with R and
ggplot2, and can help to make sense of data when the trends aren’t immediately obvious just by
looking at it.

With large data sets, it can be problematic to plot every single observation because the points
will be overplotted, obscuring one another. When this happens, you’ll probably want to
summarize the data before displaying it. We’ll also see how to do that in this chapter.

(25)
2.1 Making a Basic Scatter Plot

(26)
Problem
You want to make a scatter plot.

(27)
Solution
Use geom_point(), and map one variable to x and one to y.

In the heightweight data set, there are a number of columns, but we’ll only use two in this
example (Figure \@ref(fig:FIG-SCATTER-BASIC)):
library(gcookbook) # For the data set
# List the two columns we'll use
heightweight[, c("ageYear", "heightIn")]
#> ageYear heightIn
#> 1 11.92 56.3
#> 2 12.92 62.3
#> 3 12.75 63.3
#> 4 13.42 59.0
#> 5 15.92 62.5
#> 6 14.25 62.5
#> 7 15.42 59.0
#> 8 11.83 56.5
#> # ... with 228 more rows

ggplot(heightweight, aes(x = ageYear, y = heightIn)) + geom_point()

(28)
Discussion
To use different shapes in a scatter plot, set the shape aesthetic. A common alternative to the
default solid circles (shape #19) is hollow ones (#21), as seen in Figure \@ref(fig:FIG-
SCATTER-BASIC-SHAPE-SIZE) (left):
ggplot(heightweight, aes(x = ageYear, y = heightIn)) + geom_point(shape = 21)

The size of the points can be controlled with the size aesthetic. The default value of size is 2. The
following will set size=1.5, for smaller points (Figure \@ref(fig:FIG-SCATTER-BASIC-
SHAPE-SIZE), right):
ggplot(heightweight, aes(x = ageYear, y = heightIn)) + geom_point(size = 1.5)

(29)
2.2 Grouping Data Points by a Variable
Using Shape or Color

(30)
Problem
You want to visually group points by some variable, using shape or color.

(31)
Solution
Map the grouping variable to shape or colour. In the heightweight data set, there are many
columns, but we’ll only use three of them in this example:
library(gcookbook) # For the data set
# Show the three columns we'll use
heightweight[, c("sex", "ageYear", "heightIn")]
#> sex ageYear heightIn
#> 1 f 11.92 56.3
#> 2 f 12.92 62.3
#> 3 f 12.75 63.3
#> 4 f 13.42 59.0
#> 5 f 15.92 62.5
#> 6 f 14.25 62.5
#> 7 f 15.42 59.0
#> 8 f 11.83 56.5
#> # ... with 228 more rows

We can group points on the variable sex, by mapping sex to one of the aesthetics colour or shape
(Figure \@ref(fig:FIG-SCATTER-SHAPE-COLOR)):

(32)
Discussion
The grouping variable must be categorical--in other words, a factor or character vector. If it is
stored as a vector of numeric values, it should be converted to a factor before it is used as a
grouping variable.

It is possible to map a variable to both shape and colour, or, if you have multiple grouping
variables, to map different variables to them. Here, we’ll map sex to shape and colour (Figure
\@ref(fig:FIG-SCATTER-SHAPE-COLOR-BOTH), left):
ggplot(heightweight, aes(x = ageYear, y = heightIn, shape = sex, colour = sex)) +
geom_point()

The default shapes and colors may not be very appealing. Other shapes can be used with
scale_shape_manual(), and other colors can be used with scale_colour_brewer() or
scale_colour_manual().

This will set different shapes and colors for the grouping variables (Figure \@ref(fig:FIG-
SCATTER-SHAPE-COLOR-BOTH), right):
ggplot(heightweight, aes(x = ageYear, y = heightIn, shape = sex, colour = sex)) +
geom_point() +
scale_shape_manual(values = c(1,2)) +
scale_colour_brewer(palette = "Set1")

(33)
(34)
See Also
To use different shapes, see Recipe \@ref(RECIPE-SCATTER-SHAPES).

For more on using different colors, see Chapter \@ref(CHAPTER-COLORS).

(35)
2.3 Using Different Point Shapes

(36)
Problem
You want to use point shapes that are different from the defaults.

(37)
Solution
If you want to set the shape of all the points (Figure \@ref(fig:FIG-SCATTER-SHAPES)),
specify the shape in geom_point():
library(gcookbook) # For the data set

ggplot(heightweight, aes(x = ageYear, y = heightIn)) + geom_point(shape = 3)

If you have mapped a variable to shape, use scale_shape_manual() to change the shapes:
# Use slightly larger points and use a shape scale with custom values
ggplot(heightweight, aes(x = ageYear, y = heightIn, shape = sex)) +
geom_point(size = 3) +
scale_shape_manual(values = c(1, 4))

(38)
Discussion
Figure \@ref(fig:FIG-SCATTER-SHAPES-CHART) shows the shapes that are available in R
graphics. Some of the point shapes (1–14) have just an outline, some (15–20) have just a solid
fill, and some (21–25) have an outline and fill that can be controlled separately. (You can also
use characters for points.)

For shapes 1–20, the color of the entire point -- even the points that are solid -- is controlled by
the colour aesthetic. For shapes 21–25, the outline is controlled by colour and the fill is controlled
by fill.

It’s possible to have the shape represent one variable and the fill (empty or solid) represent
another variable. This is done a little indirectly, by choosing shapes that have both colour and
fill, and a color palette that includes NA and another color (the NA will result in a hollow shape).
For example, we’ll take the heightweight data set and add another column that indicates whether
the child weighed 100 pounds or more (Figure \@ref(fig:FIG-SCATTER-SHAPES-FILL)):
# Make a copy of the data
hw <- heightweight
# Categorize into <100 and >=100 groups
hw$weightGroup <- cut(hw$weightLb, breaks = c(-Inf, 100, Inf),
labels = c("< 100", ">= 100"))

(39)
# Use shapes with fill and color, and use colors that are empty (NA) and
# filled
ggplot(hw, aes(x = ageYear, y = heightIn, shape = sex, fill = weightGroup)) +
geom_point(size = 2.5) +
scale_shape_manual(values = c(21, 24)) +
scale_fill_manual(values = c(NA, "black"),
guide = guide_legend(override.aes = list(shape = 21)))

(40)
See Also
For more on using different colors, see Chapter \@ref(CHAPTER-COLORS).

For more information about recoding a continuous variable to a categorical one, see Recipe
\@ref(RECIPE-DATAPREP-RECODE-CONTINUOUS).

(41)
2.4 Mapping a Continuous Variable to Color
or Size

(42)
Problem
You want to represent a third continuous variable using color or size.

(43)
Solution
Map the continuous variable to size or colour. In the heightweight data set, there are many
columns, but we’ll only use four of them in this example:
library(gcookbook) # For the data set
# List the four columns we'll use
heightweight[, c("sex", "ageYear", "heightIn", "weightLb")]
#> sex ageYear heightIn weightLb
#> 1 f 11.92 56.3 85.0
#> 2 f 12.92 62.3 105.0
#> 3 f 12.75 63.3 108.0
#> 4 f 13.42 59.0 92.0
#> 5 f 15.92 62.5 112.5
#> 6 f 14.25 62.5 112.0
#> 7 f 15.42 59.0 104.0
#> 8 f 11.83 56.5 69.0
#> # ... with 228 more rows

The basic scatter plot in Recipe \@ref(RECIPE-SCATTER-BASIC-SCATTER) shows the

relationship between the continuous variables ageYear and heightIn. To represent a third
continuous variable, weightLb, we must map it to another aesthetic property. We can map it to
colour or size, as shown in Figure \@ref(fig:FIG-SCATTER-CONTINUOUS-COLOR-SIZE):

ggplot(heightweight, aes(x = ageYear, y = heightIn, colour = weightLb)) +

geom_point()

ggplot(heightweight, aes(x = ageYear, y = heightIn, size = weightLb)) +

geom_point()

(44)
(45)
Exploring the Variety of Random
Documents with Different Content
I. Rise of the Freedom of the Open Sea
248. Former Claims to Control over the Sea 315
249. Practical Expression of claims to Maritime Sovereignty 317
250. Grotius's Attack on Maritime Sovereignty 318
251. Gradual recognition of the Freedom of the Open Sea 319

II. Conception of the Open Sea

252. Discrimination between Open Sea and Territorial Waters 321
253. Clear Instances of Parts of the Open Sea 322

III. The Freedom of the Open Sea

254. Meaning of the Term "Freedom of the Open Sea" 323
255. Legal Provisions for the Open Sea 324
256. Freedom of the Open Sea and War 325
257. Navigation and ceremonials on the Open Sea 326
258. Claim of States to Maritime Flag 326
259. Rationale for the Freedom of the Open Sea 327

IV. Jurisdiction on the Open Sea

260. Jurisdiction on the Open Sea mainly connected with Flag 329
261. Claim of Vessels to sail under a certain Flag 329
262. Ship Papers 331
263. Names of Vessels 332
264. Territorial Quality of Vessels on the Open Sea 332
265. Safety of Traffic on the Open Sea 333
266. Powers of Men-of-war over Merchantmen of all Nations 335
267. How Verification of Flag is effected 337
268. How Visit is effected 337
269. How Search is effected 338
270. How Arrest is effected 338
271. Shipwreck and Distress on the Open Sea 339

V. Piracy
272. Conception of Piracy 340
273. Private Ships as Subjects of Piracy 341
274. Mutinous Crew and Passengers as Subjects of Piracy 343
275. Object of Piracy 344
276. Piracy, how effected 344
277. Where Piracy can be committed 345
278. Jurisdiction over Pirates and their Punishment 345
279. Pirata non mutat dominium 346
280. Piracy according to Municipal Law 347

VI. Fisheries in the Open Sea

281. Fisheries in the Open Sea free to all Nations 348
282. Fisheries in the North Sea 349
283. Bumboats in the North Sea 351
284. Seal Fisheries in Behring Sea 351
285. Fisheries around the Faröe Islands and Iceland 353

VII. Telegraph Cables in the Open Sea

286. Telegraph Cables in the Open Sea admitted 353
287. International Protection of Submarine Telegraph Cables 354

VIII. Wireless Telegraphy on the Open Sea

287a. Radiotelegraphy between Ships and the Shore 355
287b. Radiotelegraphy between Ships at Sea 356

IX. The Subsoil beneath the Sea Bed

287c. Five Rules concerning the Subsoil beneath the Sea Bed 357
287d. The Proposed Channel Tunnel 359

CHAPTER III
INDIVIDUALS

I. Position of Individuals in International Law

288. Importance of Individuals to the Law of Nations 362
289. Individuals never Subjects of the Law of Nations 362
290. Individuals Objects of the Law of Nations 365
291. Nationality the Link between Individuals and the Law of Nations 366
292. The Law of Nations and the Rights of Mankind 367

II. Nationality
293. Conception of Nationality 369
294. Function of Nationality 370
295. So-called Protégés and de facto Subjects 371
296. Nationality and Emigration 373
III. Modes of Acquiring and Losing Nationality
297. Five Modes of Acquisition of Nationality 374
298. Acquisition of Nationality by Birth 375
299. Acquisition of Nationality through Naturalisation 375
300. Acquisition of Nationality through Redintegration 376
301. Acquisition of Nationality through Subjugation and Cession 377
302. Seven Modes of losing Nationality 377

IV. Naturalisation in Especial

303. Conception and Importance of Naturalisation 379
304. Object of Naturalisation 380
305. Conditions of Naturalisation 380
306. Effect of Naturalisation upon previous Citizenship 381
307. Naturalisation in Great Britain 382

V. Double and Absent Nationality

308. Possibility of Double and Absent Nationality 383
309. How Double Nationality occurs 384
310. Position of Individuals with Double Nationality 385
311. How Absent Nationality occurs 387
312. Position of Individuals destitute of Nationality 387
313. Redress against Difficulties arising from Double and Absent Nationality 388

VI. Reception of Aliens and Right of Asylum

314. No Obligation to admit Aliens 390
315. Reception of Aliens under conditions 392
316. So-called Right of Asylum 392

VII. Position of Aliens after Reception

317. Aliens subjected to Territorial Supremacy 393
318. Aliens in Eastern Countries 395
319. Aliens under the Protection of their Home State 395
320. Protection to be afforded to Aliens' Persons and Property 397
321. How far Aliens can be treated according to Discretion 397
322. Departure from the Foreign Country 398

VIII. Expulsion of Aliens

323. Competence to expel Aliens 399
324. Just Causes of Expulsion of Aliens 400
325. Expulsion how effected 402
326. Reconduction in Contradistinction to Expulsion 402

IX. Extradition
327. Extradition no legal duty 403
328. Extradition Treaties how arisen 404
329. Municipal Extradition Laws 405
330. Object of Extradition 407
331. Extraditable Crimes 408
332. Effectuation and Condition of Extradition 409

X. Principle of Non-Extradition of Political Criminals

333. How Non-extradition of Political Criminals became the Rule 411
334. Difficulty concerning the Conception of Political Crime 414
335. The so-called Belgian Attentat Clause 416
336. The Russian Project of 1881 416
337. The Swiss Solution of the Problem in 1892 417
338. Rationale for the Principle of Non-extradition of Political Criminals 418
339. How to avoid Misapplication of the Principle of Non-extradition of Political Criminals
420
340. Reactionary Extradition Treaties 422

PART III
ORGANS OF THE STATES FOR THEIR INTERNATIONAL
RELATIONS
CHAPTER I
HEADS OF STATES AND FOREIGN OFFICES

I. Position of Heads of States according to International Law

341. Necessity of a Head for every State 425
342. Recognition of Heads of States 425
343. Competence of Heads of States 426
344. Heads of States Objects of the Law of Nations 427
345. Honours and Privileges of Heads of States 428

II. Monarchs
346. Sovereignty of Monarchs 428
347. Consideration due to Monarchs at home 429
348. Consideration due to Monarchs abroad 429
349. The Retinue of Monarchs abroad 431
350. Monarchs travelling incognito 431
351. Deposed and Abdicated Monarchs 432
352. Regents 432
353. Monarchs in the service or subjects of Foreign Powers 432

III. Presidents of Republics

354. Presidents not Sovereigns 433
355. Position of Presidents in general 434
356. Position of Presidents abroad 434

IV. Foreign Offices

357. Position of the Secretary for Foreign Affairs 435

CHAPTER II
DIPLOMATIC ENVOYS

I. The Institution of Legation

358. Development of Legations 437
359. Diplomacy 438

II. Right of Legation

360. Conception of Right of Legation 440
361. What States possess the Right of Legation 441
362. Right of Legation by whom exercised 442

III. Kinds and Classes of Diplomatic Envoys

363. Envoys Ceremonial and Political 443
364. Classes of Diplomatic Envoys 443
365. Ambassadors 444
366. Ministers Plenipotentiary and Envoys Extraordinary 445
367. Ministers Resident 445
368. Chargés d'Affaires 445
369. The Diplomatic Corps 446

IV. Appointment of Diplomatic Envoys

370. Person and Qualification of the Envoy 446
371. Letter of Credence, Full Powers, Passports 447
372. Combined Legations 448
373. Appointment of several Envoys 448

V. Reception of Diplomatic Envoys

374. Duty to receive Diplomatic Envoys 449
375. Refusal to receive a certain Individual 450
376. Mode and Solemnity of Reception 451
377. Reception of Envoys to Congresses and Conferences 452

VI. Functions of Diplomatic Envoys

378. On Diplomatic Functions in general 453
379. Negotiation 453
380. Observation 454
381. Protection 454
382. Miscellaneous Functions 454
383. Envoys not to interfere in Internal Politics 455

VII. Position of Diplomatic Envoys

384. Diplomatic Envoys objects of International Law 455
385. Privileges due to Diplomatic Envoys 456

VIII. Inviolability of Diplomatic Envoys

386. Protection due to Diplomatic Envoys 457
387. Exemption from Criminal Jurisdiction 458
388. Limitation of Inviolability 459

IX. Exterritoriality of Diplomatic Envoys

389. Reason and Fictional Character of Exterritoriality 460
390. Immunity of Domicile 461
391. Exemption from Criminal and Civil Jurisdiction 464
392. Exemption from Subpœna as witness 465
393. Exemption from Police 466
394. Exemption from Taxes and the like 467
395. Right of Chapel 467
396. Self-jurisdiction 468

X. Position of Diplomatic Envoys as regards Third States

397. Possible Cases 469
398. Envoy travelling through Territory of third State 469
399. Envoy found by Belligerent on occupied Enemy Territory 471
400. Envoy interfering with affairs of a third State 472

XI. The Retinue of Diplomatic Envoys

401. Different Classes of Members of Retinue 472
402. Privileges of Members of Legation 473
403. Privileges of Private Servants 474
404. Privileges of Family of Envoy 474
405. Privileges of Couriers of Envoy 475

XII. Termination of Diplomatic Mission

406. Termination in contradistinction to Suspension 476
407. Accomplishment of Object of Mission 476
408. Expiration of Letter of Credence 477
409. Recall 477
410. Promotion to a higher Class 478
411. Delivery of Passports 478
412. Request for Passports 478
413. Outbreak of War 479
414. Constitutional Changes 479
415. Revolutionary Changes of Government 479
416. Extinction of sending or receiving State 480
417. Death of Envoy 480

CHAPTER III
CONSULS

I. The Institution of Consuls

418. Development of the Institution of Consuls 482
419. General Character of Consuls 484

II. Consular Organisation

420. Different kinds of Consuls 485
421. Consular Districts 485
422. Different classes of Consuls 486
423. Consuls subordinate to Diplomatic Envoys 487
III. Appointment of Consuls
424. Qualification of Candidates 487
425. No State obliged to admit Consuls 488
426. What kind of States can appoint Consuls 488
427. Mode of Appointment and of Admittance 489
428. Appointment of Consuls includes Recognition 489

IV. Functions of Consuls

429. On Consular Functions in general 490
430. Fosterage of Commerce and Industry 491
431. Supervision of Navigation 491
432. Protection 492
433. Notarial Functions 492

V. Position and Privileges of Consuls

434. Position 493
435. Consular Privileges 494

VI. Termination of Consular Office

436. Undoubted Causes of Termination 496
437. Doubtful Causes of Termination 496
438. Change in the Headship of States no cause of Termination 496

VII. Consuls in non-Christian States

439. Position of Consuls in non-Christian States 497
440. Consular Jurisdiction in non-Christian States 498
441. International Courts in Egypt 498
442. Exceptional Character of Consuls in non-Christian States 499

CHAPTER IV
MISCELLANEOUS AGENCIES

I. Armed Forces on Foreign Territory

443. Armed Forces State Organs 500
444. Occasions for Armed Forces abroad 500
445. Position of Armed Forces abroad 501
446. Case of McLeod 501
446a. The Casa Blanca incident 502
II. Men-of-war in Foreign Waters
447. Men-of-war State Organs 504
448. Proof of Character as Men-of-war 505
449. Occasions for Men-of-war abroad 505
450. Position of Men-of-war in foreign waters 506
451. Position of Crew when on Land abroad 508

III. Agents without Diplomatic or Consular Character

452. Agents lacking diplomatic or consular character 509
453. Public Political Agents 509
454. Secret Political Agents 510
455. Spies 510
456. Commissaries 511
457. Bearers of Despatches 511

IV. International Commissions

458. Permanent in Contradistinction to Temporary Commissions 512
459. Commissions in the interest of Navigation 513
460. Commissions in the interest of Sanitation 515
461. Commissions in the interest of Foreign Creditors 515
462. Permanent Commission concerning Sugar 515

V. International Offices
463. Character of International Offices 515
464. International Telegraph Offices 516
465. International Post Office 516
466. International Office of Weights and Measures 516
467. International Office for the Protection of Works of Literature and Art and of Industrial
Property 516
467a. The Pan-American Union 517
468. Maritime Office at Zanzibar and Bureau Spécial at Brussels 517
469. International Office of Customs Tariffs 517
470. Central Office of International Transports 517
471. Permanent Office of the Sugar Convention 517
471a. Agricultural Institute 518
471b. International Health Office 518

VI. The International Court of Arbitration

472. Organisation of Court in General 518
473. The Permanent Council 518
474. The International Bureau 519
475. The Court of Arbitration 519
476. The Deciding Tribunal 520

VII. The International Prize Court and the proposed International

Court of Justice
476a. The International Prize Court 522
476b. The proposed International Court of Justice 524

PART IV
INTERNATIONAL TRANSACTIONS
CHAPTER I
ON INTERNATIONAL TRANSACTIONS IN GENERAL

I. Negotiation
477. Conception of Negotiation 529
478. Parties to Negotiation 529
479. Purpose of Negotiation 530
480. Negotiations by whom conducted 531
481. Form of Negotiation 531
482. End and Effect of Negotiation 532

II. Congresses and Conferences

483. Conception of Congresses and Conferences 533
484. Parties to Congresses and Conferences 534
485. Procedure at Congresses and Conferences 535

III. Transactions besides Negotiation

486. Different kinds of Transaction 536
487. Declaration 536
488. Notification 537
489. Protest 538
490. Renunciation 539

CHAPTER II
TREATIES
I. Character and Function of Treaties
491. Conception of Treaties 540
492. Different kinds of Treaties 540
493. Binding Force of Treaties 541

II. Parties to Treaties

494. The Treaty-making Power 543
495. Treaty-making Power exercised by Heads of States 544
496. Minor Functionaries exercising Treaty-making Power 545
497. Constitutional Restrictions 545
498. Mutual Consent of the Contracting Parties 546
499. Freedom of Action of Consenting Representatives 547
500. Delusion and Error in Contracting Parties 547

III. Objects of Treaties

501. Objects in general of Treaties 548
502. Obligations of Contracting Parties only can be Object 548
503. An Obligation inconsistent with other Obligations cannot be an Object 549
504. Object must be physically possible 549
505. Immoral Obligations 549
506. Illegal Obligations 550

IV. Form and Parts of Treaties

507. No necessary Form of Treaties 550
508. Acts, Conventions, Declarations 551
509. Parts of Treaties 552

V. Ratification of Treaties
510. Conception and Function of Ratification 553
511. Rationale for the Institution of Ratification 554
512. Ratification regularly, but not absolutely, necessary 554
513. Length of Time for Ratification 555
514. Refusal of Ratification 556
515. Form of Ratification 557
516. Ratification by whom effected 558
517. Ratification cannot be partial and conditional 559
518. Effect of Ratification 561
VI. Effect of Treaties
519. Effect of Treaties upon Contracting Parties 561
520. Effect of Treaties upon the Subjects of the Parties 562
521. Effect of Changes in Government upon Treaties 562
522. Effect of Treaties upon Third States 563

VII. Means of Securing Performance of Treaties

523. What means have been in use 565
524. Oaths 565
525. Hostages 566
526. Pledge 566
527. Occupation of Territory 566
528. Guarantee 567

VIII. Participation of Third States in Treaties

529. Interest and Participation to be distinguished 567
530. Good Offices and Mediation 568
531. Intervention 568
532. Accession 568
533. Adhesion 569

IX. Expiration and Dissolution of Treaties

534. Expiration and Dissolution in Contradistinction to Fulfilment 570
535. Expiration through Expiration of Time 570
536. Expiration through Resolutive Condition 571
537. Mutual Consent 571
538. Withdrawal by Notice 571
539. Vital Change of Circumstances 572

X. Voidance of Treaties
540. Grounds of Voidance 576
541. Extinction of one of the two Contracting Parties 576
542. Impossibility of Execution 577
543. Realisation of Purpose of Treaty other than by Fulfilment 577
544. Extinction of such Object as was concerned in a Treaty 577

XI. Cancellation of Treaties

545. Grounds of Cancellation 578
546. Inconsistency with subsequent International Law 578
547. Violation by one of the Contracting Parties 579
548. Subsequent Change of Status of one of the Contracting Parties 579
549. War 580

XII. Renewal, Reconfirmation, and Redintegration of Treaties

550. Renewal of Treaties 580
551. Reconfirmation 581
552. Redintegration 581

XIII. Interpretation of Treaties

553. Authentic Interpretation, and the Compromise Clause 582
554. Rules of Interpretation which recommend themselves 583

CHAPTER III
IMPORTANT GROUPS OF TREATIES

I. Important Law-making Treaties

555. Important Law-making Treaties a product of the Nineteenth Century 587
556. Final Act of the Vienna Congress 588
557. Protocol of the Congress of Aix-la-Chapelle 588
558. Treaty of London of 1831 588
559. Declaration of Paris 588
560. Geneva Convention 589
561. Treaty of London of 1867 589
562. Declaration of St. Petersburg 590
563. Treaty of Berlin of 1878 590
564. General Act of the Congo Conference 590
565. Treaty of Constantinople of 1888 591
566. General Act of the Brussels Anti-Slavery Conference 591
567. Two Declarations of the First Hague Peace Conference 591
568. Treaty of Washington of 1901 592
568a. Conventions and Declaration of the Second Hague Peace Conference 592
568b. The Declaration of London 595

II. Alliances
569. Conception of Alliances 595
570. Parties to Alliances 597
571. Different kinds of Alliances 597
572. Conditions of Alliances 598
573. Casus Fœderis 599

III. Treaties of Guarantee and of Protection

574. Conception and Objects of Guarantee Treaties 599
575. Effect of Treaties of Guarantee 600
576. Effect of Collective Guarantee 601
576a. Pseudo-Guarantees 602
577. Treaties of Protection 604

IV. Commercial Treaties

578. Commercial Treaties in General 605
579. Meaning of Coasting-trade in Commercial Treaties 606
580. Meaning of Most-favoured-nation Clause 610

V. Unions Concerning Common Non-Political Interests

581. Object of the Unions 612
582. Post and Telegraphs 613
583. Transport and Communication 614
584. Copyright 615
585. Commerce and Industry 616
586. Agriculture 617
587. Welfare of Working Classes 618
588. Weights, Measures, Coinage 619
589. Official Publications 620
590. Sanitation 620
591. Pharmacopœia 622
592. Humanity 622
593. Preservation of Animal World 623
594. Private International Law 623
595. American Republics 624
596. Science 625

INDEX 627
 INTRODUCTION
FOUNDATION AND DEVELOPMENT OF THE
LAW OF NATIONS

CHAPTER I
FOUNDATION OF THE LAW OF NATIONS

I
THE LAW OF NATIONS AS LAW

Hall, pp. 14-16—Maine, pp. 50-53—Lawrence, §§ 1-3, and Essays, pp. 1-36—
Phillimore, I. §§ 1-12—Twiss, I. §§ 104-5—Taylor, § 2—Moore, I. §§ 1-2—Westlake,
I. pp. 1-13—Walker, History, I. §§ 1-8—Halleck, I. pp. 46-55—Ullmann, §§ 2-4—
Heffter, §§ 1-5—Holtzendorff in Holtzendorff, I. pp. 19-26—Nys, I. pp. 133-43—
Rivier, I. § 1—Bonfils, Nos. 26-31—Pradier-Fodéré, I. Nos. 1-24—Mérignhac, I. pp.
5-28—Martens, I. §§ 1-5—Fiore, I. Nos. 186-208, and Code, Nos. 1-26—Higgins,
"The Binding Force of International Law" (1910)—Pollock in The Law Quarterly
Review, XVIII. (1902), pp. 418-428—Scott in A.J. I. (1907), pp. 831-865—
Willoughby and Root in A.J. II. (1908), pp. 357-365 and 451-457.
 Conception of the Law of Nations.
§ 1. Law of Nations or International Law (Droit des gens,
Völkerrecht) is the name for the body of customary and conventional
rules which are considered legally[1] binding by civilised States in
their intercourse with each other. Such part of these rules as is
binding upon all the civilised States without exception is called
universal International Law,[2] in contradistinction to particular
International Law, which is binding on two or a few States only. But
it is also necessary to distinguish general International Law. This
name must be given to the body of such rules as are binding upon a
great many States, including leading Powers. General International
Law, as, for instance, the Declaration of Paris of 1856, has a
tendency to become universal International Law.
[1] In contradistinction to mere usages and to rules of so-called International Comity,
see below §§ 9 and 19.
[2] The best example of universal International Law is the law connected with legation.

International Law in the meaning of the term as used in modern

times did not exist during antiquity and the first part of the Middle
Ages. It is in its origin essentially a product of Christian civilisation,
and began gradually to grow from the second half of the Middle
Ages. But it owes its existence as a systematised body of rules to
the Dutch jurist and statesman Hugo Grotius, whose work, "De Jure
Belli ac Pacis libri III.," appeared in 1625 and became the foundation
of all later development.
The Law of Nations is a law for the intercourse of States with one
another, not a law for individuals. As, however, there cannot be a
sovereign authority above the several sovereign States, the Law of
Nations is a law between, not above, the several States, and is,
therefore, since Bentham, also called "International Law."
Since the distinction of Bentham between International Law public
and private has been generally accepted, it is necessary to
emphasise that only the so-called public International Law, which is
identical with the Law of Nations, is International Law, whereas the
so-called private International Law is not. The latter concerns such
matters as fall at the same time under the jurisdiction of two or
more different States. And as the Municipal Laws of different States
are frequently in conflict with each other respecting such matters,
jurists belonging to different countries endeavour to find a body of
principles according to which such conflicts can be avoided.

Legal Force of the Law of Nations contested.

§ 2. Almost from the beginning of the science of the Law of
Nations the question has been discussed whether the rules of
International Law are legally binding. Hobbes[3] already and
Pufendorf[4] had answered the question in the negative. And during
the nineteenth century Austin[5] and his followers take up the same
attitude. They define law as a body of rules for human conduct set
and enforced by a sovereign political authority. If indeed this
definition of law be correct, the Law of Nations cannot be called law.
For International Law is a body of rules governing the relations of
Sovereign States between one another. And there is not and cannot
be a sovereign political authority above the Sovereign States which
could enforce such rules. However, this definition of law is not
correct. It covers only the written or statute law within a State, that
part of the Municipal Law which is expressly made by statutes of
Parliament in a constitutional State or by some other sovereign
authority in a non-constitutional State. It does not cover that part of
Municipal Law which is termed unwritten or customary law. There is,
in fact, no community and no State in the world which could exist
with written law only. Everywhere there is customary law in
existence besides the written law. This customary law was never
expressly enacted by any law-giving body, or it would not be merely
customary law. Those who define law as rules set and enforced by a
sovereign political authority do not deny the existence of customary
law. But they maintain that the customary law has the character of
law only through the indirect recognition on the part of the State
which is to be found in the fact that courts of justice apply the
customary in the same way as the written law, and that the State
does not prevent them from doing so. This is, however, nothing else
than a fiction. Courts of justice having no law-giving power could not
recognise unwritten rules as law if these rules were not law before
that recognition, and States recognise unwritten rules as law only
because courts of justice do so.
[3] De Cive, XIV. 4.
[4] De Jure Naturæ et Gentium, II. c. iii. § 22.
[5] Lectures on Jurisprudence, VI.

Characteristics of Rules of Law.

§ 3. For the purpose of finding a correct definition of law it is
indispensable to compare morality and law with each other, for both
lay down rules, and to a great extent the same rules, for human
conduct. Now the characteristic of rules of morality is that they apply
to conscience, and to conscience only. An act loses all value before
the tribunal of morality, if it was not done out of free will and
conscientiousness, but was enforced by some external power or was
done out of some consideration which lies without the boundaries of
conscience. Thus, a man who gives money to the hospitals in order
that his name shall come before the public does not act morally, and
his deed is not a moral one, though it appears to be one outwardly.
On the other hand, the characteristic of rules of law is that they shall
eventually be enforced by external power.[6] Rules of law apply, of
course, to conscience quite as much as rules of morality. But the
latter require to be enforced by the internal power of conscience
only, whereas the former require to be enforced by some external
power. When, to give an illustrative example, morality commands
you to pay your debts, it hopes that your conscience will make you
pay them. On the other hand, if the law gives the same command, it
hopes that, if the conscience has not sufficient power to make you
pay your debts, the fact that, if you will not pay, the bailiff will come
into your house, will do so.
[6]Westlake, Chapters, p. 12, seems to make the same distinction between rules of
law and of morality, and Twiss, I. § 105, adopts it expressis verbis.

Law-giving Authority not essential for the Existence of Law.

§ 4. If these are the characteristic signs of morality and of law, we
are justified in stating the principle: A rule is a rule of morality, if by
common consent of the community it applies to conscience and to
conscience only; whereas, on the other hand, a rule is a rule of law,
if by common consent of the community it shall eventually be
enforced by external power. Without some kind both of morality and
law, no community has ever existed or could possibly exist. But
there need not be, at least not among primitive communities, a law-
giving authority within a community. Just as the rules of morality are
growing through the influence of many different factors, so the law
can grow without being expressly laid down and set by a law-giving
authority. Wherever we have an opportunity of observing a primitive
community, we find that some of its rules for human conduct apply
to conscience only, whereas others shall by common consent of the
community be enforced; the former are rules of morality only,
whereas the latter are rules of law. For the existence of law neither a
law-giving authority nor courts of justice are essential. Whenever a
question of law arises in a primitive community, it is the community
itself and not a court which decides it. Of course, when a community
is growing out of the primitive condition of its existence and
becomes gradually so enlarged that it turns into a State in the sense
proper of the term, the necessities of life and altered circumstances
of existence do not allow the community itself any longer to do
anything and everything. And the law can now no longer be left
entirely in the hands of the different factors which make it grow
gradually from case to case. A law-giving authority is now just as
much wanted as a governing authority. It is for this reason that we
find in every State a Legislature, which makes laws, and courts of
justice, which administer them.
However, if we ask whence does the power of the legislature to
make laws come, there is no other answer than this: From the
common consent of the community. Thus, in Great Britain,
Parliament is the law-making body by common consent. An Act of
Parliament is law, because the common consent of Great Britain is
behind it. That Parliament has law-making authority is law itself, but
unwritten and customary law. Thus the very important fact comes to
light that all statute or written law is based on unwritten law in so
far as the power of Parliament to make Statute Law is given to
Parliament by unwritten law. It is the common consent of the British
people that Parliament shall have the power of making rules which
shall be enforced by external power. But besides the statute laws
made by Parliament there exist and are constantly growing other
laws, unwritten or customary, which are day by day recognised
through courts of justice.
Definition and three Essential Conditions of Law.
§ 5. On the basis of the results of these previous investigations we
are now able to give a definition of law. We may say that law is a
body of rules for human conduct within a community which by
common consent of this community shall be enforced by external
power.
The essential conditions of the existence of law are, therefore,
threefold. There must, first, be a community. There must, secondly,
be a body of rules for human conduct within that community. And
there must, thirdly, be a common consent of that community that
these rules shall be enforced by external power. It is not an essential
condition either that such rules of conduct must be written rules, or
that there should be a law-making authority or a law-administering
court within the community concerned. And it is evident that, if we
find this definition of law correct, and accept these three essential
conditions of law, the existence of law is not limited to the State
community only, but is to be found everywhere where there is a
community. The best example of the existence of law outside the
State is the law of the Roman Catholic Church, the so-called Canon
Law. This Church is an organised community whose members are
dispersed over the whole surface of the earth. They consider
themselves bound by the rules of the Canon Law, although there is
no sovereign political authority that sets and enforces those rules,
the Pope and the bishops and priests being a religious authority only.
But there is an external power through which the rules of the Canon
Law are enforced—namely, the punishments of the Canon Law, such
as excommunication, refusal of sacraments, and the like. And the
rules of the Canon Law are in this way enforced by common consent
of the whole Roman Catholic community.

Law not to be identified with Municipal Law.

§ 6. But it must be emphasised that, if there is law to be found in
every community, law in this meaning must not be identified with
the law of States, the so-called Municipal Law,[7] just as the
conception of State must not be identified with the conception of
community. The conception of community is a wider one than the
conception of State. A State is a community, but not every
community is a State. Likewise the conception of law pure and
simple is a wider one than that of Municipal Law. Municipal Law is
law, but not every law is Municipal Law, as, for instance, the Canon
Law is not. Municipal Law is a narrower conception than law pure
and simple. The body of rules which is called the Law of Nations
might, therefore, be law in the strict sense of the term, although it
might not possess the characteristics of Municipal Law. To make sure
whether the Law of Nations is or is not law, we have to inquire
whether the three essential conditions of the existence of law are to
be found in the Law of Nations.
[7]Throughout this work the term "Municipal Law" is made use of in the sense of
national or State law in contradistinction to International Law.

The "Family of Nations" a Community.

§ 7. As the first condition is the existence of a community, the
question arises, whether an international community exists whose
law could be the Law of Nations. Before this question can be
answered, the conception of community must be defined. A
community may be said to be the body of a number of individuals
more or less bound together through such common interests as
create a constant and manifold intercourse between the single
individuals. This definition of community covers not only a
community of individual men, but also a community of individual
communities such as individual States. A Confederation of States is a
community of States. But is there a universal international
community of all individual States in existence? This question is
decidedly to be answered in the affirmative as far as the States of
the civilised world are concerned. Innumerable are the interests
which knit all the individual civilised States together and which
create constant intercourse between these States as well as between
their subjects. As the civilised States are, with only a few exceptions,
Christian States, there are already religious ideas which wind a band
around them. There are, further, science and art, which are by their
nature to a great extent international, and which create a constant
exchange of ideas and opinions between the subjects of the several
States. Of the greatest importance are, however, agriculture,
industry, and trade. It is totally impossible even for the largest
empire to produce everything its subjects want. Therefore, the
productions of agriculture and industry must be exchanged by the
several States, and it is for this reason that international trade is an
unequalled factor for the welfare of every civilised State. Even in
antiquity, when every State tried to be a world in itself, States did
not and could not exist without some sort of international trade. It is
international trade which has created navigation on the high seas
and on the rivers flowing through different States. It is, again,
international trade which has called into existence the nets of
railways which cover the continents, the international postal and
telegraphic arrangements, and the Transatlantic telegraphic cables.[8]
[8]See Fried, "Das internationale Leben der Gegenwart" (1908), where the
innumerable interests are grouped and discussed which knit the civilised world together.
The manifold interests which knit all the civilised States together
and create a constant intercourse between one another, have long
since brought about the necessity that these States should have one
or more official representatives living abroad. Thus we find
everywhere foreign envoys and consuls. They are the agents who
make possible the current stream of transactions between the
Governments of the different States. A number of International
Offices, International Bureaux, International Commissions have been
permanently appointed for the administration of international
business, a permanent Court of Arbitration has been, and an
International Prize Court will soon be, established at the Hague. And
from time to time special international conferences and congresses
of delegates of the different States are convoked for discussing and
settling matters international. Though the individual States are
sovereign and independent of each other, though there is no
international Government above the national ones, though there is
no central political authority to which the different States are
subjected, yet there is something mightier than all the powerful
separating factors: namely, the common interests. And these
common interests and the necessary intercourse which serves these
interests, unite the separate States into an indivisible community. For
many hundreds of years this community has been called "Family of
Nations" or "Society of Nations."

The "Family of Nations" a Community with Rules of Conduct.

§ 8. Thus the first essential condition for the existence of law is a
reality. The single States make altogether a body of States, a
community of individual States. But the second condition cannot be
denied either. For hundreds of years more and more rules have
grown up for the conduct of the States between each other. These
rules are to a great extent customary rules. But side by side with
these customary and unwritten rules more and more written rules
are daily created by international agreements, such as the
Declaration of Paris of 1856, the Hague Rules concerning land
warfare of 1899 and 1907, and the like. The so-called Law of Nations
is nothing else than a body of customary and conventional rules
regulating the conduct of the individual States with each other. Just
as out of tribal communities which were in no way connected with
each other arose the State, so the Family of Nations arose out of the
different States which were in no way connected with each other.
But whereas the State is a settled institution, firmly established and
completely organised, the Family of Nations is still in the beginning
of its development. A settled institution and firmly established it
certainly is, but it entirely lacks at present any organisation
whatever. Such an organisation is, however, gradually growing into
existence before our eyes. The permanent Court of Arbitration
created by the First Hague Peace Conference, and the International
Prize Court proposed by the Second Hague Peace Conference, are
the first small traces of a future organisation. The next step forward
will be that the Hague Peace Conferences will meet automatically
within certain periods of time, without being summoned by one of
the Powers. A second step forward will be the agreement on the part
of the Powers upon fixed rules of procedure for the future Hague
Peace Conferences. As soon as these two steps forward are really
made, the nucleus of an organisation of the Family of Nations will be
in existence, and out of this nucleus will grow in time a more
powerful organisation, the ultimate characteristic features of which
cannot at present be foreseen.[9]
[9] See Oppenheim, "Die Zukunft des Völkerrechts" (1911), passim.

External Power for the Enforcement of Rules of International Conduct.

§ 9. But how do matters stand concerning the third essential
condition for the existence of law? Is there a common consent of the
community of States that the rules of international conduct shall be
enforced by external power? There cannot be the slightest doubt
that this question must be affirmatively answered, although there is
no central authority to enforce those rules. The heads of the civilised
States, their Governments, their Parliaments, and public opinion of
the whole of civilised humanity, agree and consent that the body of
rules of international conduct which is called the Law of Nations shall
be enforced by external power, in contradistinction to rules of
international morality and courtesy, which are left to the
consideration of the conscience of nations. And in the necessary
absence of a central authority for the enforcement of the rules of the
Law of Nations, the States have to take the law into their own
hands. Self-help and intervention on the part of other States which
sympathise with the wronged one are the means by which the rules
of the Law of Nations can be[10] and actually are enforced. It is true
that these means have many disadvantages, but they are means
which have the character of external power. Compared with
Municipal Law and the means at disposal for its enforcement, the
Law of Nations is certainly the weaker of the two. A law is the
stronger, the more guarantees are given that it can and will be
enforced. Thus, the law of a State which is governed by an
uncorrupt Government and the courts of which are not venal is
stronger than the law of a State which has a corrupt Government
and venal judges. It is inevitable that the Law of Nations must be a
weaker law than Municipal Law, as there is not and cannot be an
international Government above the national ones which could
enforce the rules of International Law in the same way as a national
Government enforces the rules of its Municipal Law. But a weak law
is nevertheless still law, and the Law of Nations is by no means so
weak a law as it sometimes seems to be.[11]
[10]See below, § 135, concerning intervention by right.
[11]Those who deny to International Law the character of law because they identify
the conception of law in general with that of Municipal Law and because they cannot see
any law outside the State, confound cause and effect. Originally law was not a product of
the State, but the State was a product of law. The right of the State to make law is
based upon the rule of law that the State is competent to make law.

Practice recognises Law of Nations as Law.

§ 10. The fact is that theorists only are divided concerning the
character of the Law of Nations as real law. In practice International
Law is constantly recognised as law. The Governments and
Parliaments of the different States are of opinion that they are
legally, not morally only, bound by the Law of Nations, although they
cannot be forced to go before a court in case they are accused of
having violated it. Likewise, public opinion of all civilised States
considers every State legally bound to comply with the rules of the
Law of Nations, not taking notice of the opinion of those theorists
who maintain that the Law of Nations does not bear the character of
real law. And the several States not only recognise the rules of
International Law as legally binding in innumerable treaties, but
emphasise every day the fact that there is a law between
themselves. They moreover recognise this law by their Municipal
Laws ordering their officials, their civil and criminal courts, and their
subjects to take up such an attitude as is in conformity with the
duties imposed upon their Sovereign by the Law of Nations. If a
violation of the Law of Nations occurs on the part of an individual
State, public opinion of the civilised world, as well as the
Governments of other States, stigmatise such violation as a violation
of law pure and simple. And countless treaties concerning trade,
navigation, post, telegraph, copyright, extradition, and many other
objects exist between civilised States, which treaties, resting entirely
on the existence of a law between the States, presuppose such a
law, and contribute by their very existence to its development and
growth.
Violations of this law are certainly frequent. But the offenders
always try to prove that their acts do not contain a violation, and
that they have a right to act as they do according to the Law of
Nations, or at least that no rule of the Law of Nations is against their
acts. Has a State ever confessed that it was going to break the Law
of Nations or that it ever did so? The fact is that States, in breaking
the Law of Nations, never deny its existence, but recognise its
existence through the endeavour to interpret the Law of Nations in a
way favourable to their act. And there is an ever-growing tendency
to bring disputed questions of International Law as well as
international differences in general before international courts. The
permanent Court of Arbitration at the Hague established in 1899,
and the International Prize Court proposed at the Hague according
to a convention of 1907, are the first promising fruits of this
tendency.

II
BASIS OF THE LAW OF NATIONS

Common Consent the Basis of Law.

§ 11. If law is, as defined above (§ 5), a body of rules for human
conduct within a community which by common consent of this
community shall be enforced through external power, common
consent is the basis of all law. What, now, does the term "common
consent" mean? If it meant that all the individuals who are members
of a community must at every moment of their existence expressly
consent to every point of law, such common consent would never be
a fact. The individuals, who are the members of a community, are
successively born into it, grow into it together with the growth of
their intellect during adolescence, and die away successively to make
room for others. The community remains unaltered, although a
constant change takes place in its members. "Common consent" can
therefore only mean the express or tacit consent of such an
overwhelming majority of the members that those who dissent are
of no importance whatever, and disappear totally from the view of
one who looks for the will of the community as an entity in
contradistinction to the wills of its single members. The question as
to whether there be such a common consent in a special case, is not
a question of theory, but of fact only. It is a matter of observation
and appreciation, and not of logical and mathematical decision, just
as is the well-known question, how many grains make a heap?
Those legal rules which come down from ancestors to their
descendants remain law so long only as they are supported by
common consent of these descendants. New rules can only become
law if they find common consent on the part of those who constitute
the community at the time. It is for that reason that custom is at the
background of all law, whether written or unwritten.

Common Consent of the Family of Nations the Basis of International Law.

§ 12. What has been stated with regard to law pure and simple
applies also to the Law of Nations. However, the community for
which this Law of Nations is authoritative consists not of individual
human beings, but of individual States. And whereas in communities
consisting of individual human beings there is a constant and
gradual change of the members through birth, death, emigration,
and immigration, the Family of Nations is a community within which
no such constant change takes place, although now and then a
member disappears and a new member steps in. The members of
the Family of Nations are therefore not born into that community
and they do not grow into it. New members are simply received into
it through express or tacit recognition. It is therefore necessary to
scrutinise more closely the common consent of the States which is
the basis of the Law of Nations.
 The customary rules of this law have grown up by common
consent of the States—that is, the different States have acted in
such a manner as includes their tacit consent to these rules. As far
as the process of the growth of a usage and its turning into a
custom can be traced back, customary rules of the Law of Nations
came into existence in the following way. The intercourse of States
with each other necessitated some rules of international conduct.
Single usages, therefore, gradually grew up, the different States
acting in the same or in a similar way when an occasion arose. As
some rules of international conduct were from the end of the Middle
Ages urgently wanted, the theory of the Law of Nations prepared the
ground for their growth by constructing certain rules on the basis of
religious, moral, rational, and historical reflections. Hugo Grotius's
work, "De Jure Belli ac Pacis libri III." (1625), offered a systematised
body of rules, which recommended themselves so much to the
needs and wants of the time that they became the basis of the
development following. Without the conviction of the Governments
and of public opinion of the civilised States that there ought to be
legally binding rules for international conduct, on the one hand, and,
on the other hand, without the pressure exercised upon the States
by their interests and the necessity for the growth of such rules, the
latter would never have grown up. When afterwards, especially in
the nineteenth century, it became apparent that customs and usages
alone were not sufficient or not sufficiently clear, new rules were
created through law-making treaties being concluded which laid
down rules for future international conduct. Thus conventional rules
gradually grew up side by side with customary rules.
New States which came into existence and were through express
or tacit recognition admitted into the Family of Nations thereby
consented to the body of rules for international conduct in force at
the time of their admittance. It is therefore not necessary to prove
for every single rule of International Law that every single member
of the Family of Nations consented to it. No single State can say on
its admittance into the Family of Nations that it desires to be
subjected to such and such a rule of International Law, and not to
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