t will be found to be
based upon the fact that all the players are brought up with similar
traditions and with like views of the nature of the game. Where this
unity does not exist, difficulties constantly arise, as is notoriously
the case in international sports. The attempt has been made, with
constantly increasing success, to mitigate the evils of war by the
creation of institutions in some way analogous to that of the umpire in
a game. The Declaration of London, recently published, is an agreement
between the principal Powers to accept a series of rules concerning
maritime war, to be administered by an International Prize Court.

The function of an arbitrator, usually to decide questions of fact and
to assess compensation for inconvenience, most commonly the
inconvenience occasioned to a private person by some necessary act of
the State, also rests upon the consent of the parties, though in this
case the consent is usually imposed upon them by the State through some
legislative enactment or through the decision of a court. The action of
a court of law, on the other hand, does not rest upon the consent of the
parties. In a civil action the defendant may be and very often is
unwilling to take any part in the proceedings. But he has no choice,
and, whether he likes it or not, is bound by the decision of the court.
For the court is the State acting in its judicial capacity with a view
to insure that justice shall be done. The plaintiff alleges that the
defendant has done him some wrong either by breach of contract or
otherwise, and the verdict or judgment determines whether or not this is
the case, and, if it is, what compensation is due. The judgment once
given, the whole power of the State will be used to secure its
execution.

The business of a criminal court is the punishment of offenders whom it
is the function of the State to discover, to bring to trial, and, when
convicted, to punish. The prisoner's consent is not asked, and the
judgment of the court is supported by the whole power of the State.

In the international sphere there is no parallel to the action either of
a civil or of a criminal court. Civil and criminal jurisdiction are
attributes of sovereignty, and over two independent States there is no
sovereign power. If, therefore, it is desired to institute between two
States a situation analogous to that by which the subjects of a single
Government are amenable to judicial tribunals, the proper way is to