, carries so
much weight that I hope you will allow me at once to say that I am
convinced that to-day's telegraphic report of some communication made by
him to the St. Petersburg newspapers fails to convey an accurate account
of the views which he has thus expressed.
On matters of fact it would appear that he is no better informed than
are most of us in this country; and under matters of fact may be
included the breaches of neutrality which he is represented as
counter-charging against the Japanese. It is exclusively with the views
on questions of law which are attributed to Professor de Martens that I
am now concerned. He is unquestionably right in saying, as I pointed out
in a recent letter, that the hard-and-fast rule, fixing 24 hours as the
limit, under ordinary circumstances, of the stay of a belligerent
warship in neutral waters, is not yet universally accepted as a rule of
international law; and, in particular, is not adopted by France.
But what of the further _dictum_ attributed to Professor de Martens, to
the effect that "each country is its own judge as regards the discharge
of its duties as a neutral"? This statement would be a superfluous
truism if it meant merely that each country, when neutral, must, in the
first instance, decide for itself what courses of action are demanded
from it under the circumstances. The words may, however, be read as
meaning that the decision of the neutral country, as to the propriety of
its conduct, is final, and not to be questioned by other Powers. An
assertion to this effect would obviously be the negation of the whole
system of international law, of which Professor de Martens is so great a
master, resting, as that system does, not on individual caprice, but
upon the agreement of nations in restraint of the caprice of any one of
them. The last word, with reference to the propriety of the conduct of
any given State, rests, of course, not with that State; but with its
neighbours. "Securus indicat orbis terrarum." Any Power which fails in
the discharge, to the best of its ability, of a generally recognised
duty, is likely to find that self-satisfaction is no safeguard against
unpleasant consequences. Professor de Martens would, I am certain,
endorse this statement.
I am, Sir, your obedient servant,
T. E. HOLLAND.
Oxford, May 12 (1905).
NEUTRALS AND THE LAWS OF WAR
Sir,--The interesting address by Sir Edward Carson reported in your
issue of yesterday will remind man
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