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INTERNATIONAL INCIDENTS


CAMBRIDGE UNIVERSITY PRESS
London: FETTER LANE, E.C.
C. F. CLAY, MANAGER

_Edinburgh_: 100, PRINCES STREET
_London_: STEVENS AND SONS, LTD., 119 AND 120, CHANCERY LANE
_Berlin_: A. ASHER AND CO.
_Leipzig_: F. A. BROCKHAUS
_New York_: G. P. PUTNAM'S SONS
_Bombay and Calcutta_: MACMILLAN AND Co., LTD.

[_All Rights reserved_]



INTERNATIONAL INCIDENTS

FOR

DISCUSSION

IN CONVERSATION CLASSES



BY

L. OPPENHEIM, M.A., LL.D.

WHEWELL PROFESSOR OF INTERNATIONAL LAW
IN THE UNIVERSITY OF CAMBRIDGE
ASSOCIATE OF THE INSTITUTE OF INTERNATIONAL LAW



Cambridge:
at the University Press
1909

_Cambridge:_
PRINTED BY JOHN CLAY, M.A.
AT THE UNIVERSITY PRESS.




Transcribers' Note: Inconsistent punctuation printed in the original
text has been retained.



PREFACE


For many years I have pursued the practice of holding conversation
classes following my lectures on international law. The chief
characteristic of these classes is the discussion of international
incidents as they occur in everyday life. I did not formerly possess
any collection, but brought before the class such incidents as had
occurred during the preceding week. Of late I have found it more useful
to preserve a record of some of these incidents and to add to this
nucleus a small number of typical cases from the past as well as some
problem cases, which were invented for the purpose of drawing the
attention of the class to certain salient points of international law.

As I was often asked by my students and others to bring out a
collection of incidents suitable for discussion, and as the printing of
such a little book frees me from the necessity of dictating the cases
to my students, I have, although somewhat reluctantly, made up my mind
to publish the present collection.

I need hardly emphasise the fact that this collection is not intended
to compete either with Scott's _Cases on International Law, selected
from decisions of English and American Courts_, or with Pitt
Cobbett's _Leading Cases and Opinions on International Law_, both
of which are collections of standard value, but intended for quite
other purposes than my own.

I have spent much thought in the endeavour to class my incidents into a
number of groups, but having found all such efforts at grouping futile,
I therefore present them in twenty-five sections, each containing four
cases of a different character. Experience has shewn me that in a class
lasting two hours I am able to discuss the four cases contained in
these sections.

I have taken special care not to have two similar cases within the same
section, for although there are no two cases exactly alike in the
collection, there are several possessing certain characteristics in
common. It is one of the tasks of the teacher and the students
themselves to group together such of my cases as they may think are
related to each other by one or more of these traits.

It has been suggested that notes and hints should be appended to each
case, but the purpose for which the collection is published is better
served by giving the incidents devoid of any explanatory matter. Should
this book induce other teachers of international law to adopt my method
of seminar work, it must be left to them to stimulate their classes in
such a way as to enable the students to discover on their own
initiative the solution of the problems.

I gladly accepted the suggestion of the publishers that the cases
should be printed on writing paper and on one side of the page only, so
that notes may be taken and additional cases added.

I am greatly indebted to Mr Dudley Ward, of St John's College,
Cambridge, my assistant, who has prepared the cases for the press and
read the proofs. In deciding upon the final form of each case so many
of his suggestions have been adopted that in many instances I do not
know what is my own and what is his work.

L. O.

WHEWELL HOUSE,
CAMBRIDGE,
_June 12th, 1909_.




TABLE OF CONTENTS


                                                        PAGE

SECTION I.
    1. A Councillor of Legation in Difficulties            1
    2. Neutral Goods on Enemy Merchantman                  1
    3. American Coasting Trade                             3
    4. A German Balloon in Antwerp                         3

SECTION II.
    5. Use of the White Flag                               5
    6. A South American "Pseudo-Republic"                  5
    7. A Tavern Brawl                                      9
    8. A Threatened Diplomatic Rupture                    11

SECTION III.
    9. Death Sentence on Russian Terrorists               11
   10. The Case of De Jager                               13
   11. A Kidnapped Chinaman                               15
   12. A Case of Bigamy                                   15

SECTION IV.
   13. A Shot across the Frontier                         17
   14. A Revolted Prize                                   17
   15. Investments Abroad                                 19
   16. Russian Coasting Trade                             19

SECTION V.
   17. Exceeding the Speed Limit                          21
   18. A New-born Island                                  21
   19. An Irate Queen                                     23
   20. An Incident in the Black Sea                       23

SECTION VI.
   21. The Case of the _Trent_                            25
   22. A Double Murderer                                  25
   23. A Masterful Customs Official                       27
   24. Russian Refugees and Foreign Asylum                27

SECTION VII.
   25. A Conversion at Sea                                29
   26. A Frontier Affray                                  31
   27. General Vukotitch                                  31
   28. An Anglo-French Burglar                            33

SECTION VIII.
   29. Signals of Distress                                35
   30. A Change of Parts                                  35
   31. Violation of a Foreign Flag                        37
   32. A Pickpocket at Sea                                37

SECTION IX.
   33. Gypsies in Straits                                 39
   34. A Question of Annexation                           41
   35. Disputed Fisheries                                 41
   36. Imperial Coasting Trade                            43

SECTION X.
   37. A Russian Crime tried in Austria                   43
   38. Stratagem or Perfidy                               45
   39. Murder of a German Consul in Mexico                47
   40. Cossacks at Large                                  49

SECTION XI.
   41. Islanders in Revolt                                49
   42. Seizure of Ambassadors                             51
   43. An Envoy in Debt                                   51
   44. Treaty Bargaining                                  53

SECTION XII.
   45. A Fallen President                                 53
   46. A Murder in Monaco                                 55
   47. A Question of Interpretation                       57
   48. The Island of Santa Lucia                          57

SECTION XIII.
   49. An Attache's Chauffeur                             59
   50. In Quest of Balata                                 61
   51. A "Sujet Mixte"                                    63
   52. Koreans at the Hague Peace Conference              63

SECTION XIV.
   53. The Adventures of a South American Physician       65
   54. Extradition of a British Subject                   65
   55. The Case of the _Oldhamia_                         69
   56. An Ambassador's Estate                             73

SECTION XV.
   57. Dangers of Ballooning                              75
   58. Family Honour                                      75
   59. An Ocean Chase                                     77
   60. The _Maori King_                                   77

SECTION XVI.
   61. The Island of Rakahanga                            79
   62. A Complaint against the Police                     79
   63. A Man with two Wives                               81
   64. A Murder on a Mail Boat                            81

SECTION XVII.
   65. Persian Disorders                                  83
   66. The Expulsion of Monsieur de Reus                  85
   67. The Case of McLeod                                 87
   68. A Thwarted Suicide                                 87

SECTION XVIII.
   69. An Insult to an Ambassador                         89
   70. A Question of Legitimacy                           89
   71. The Coachman of an Envoy                           91
   72. The Case of Schnaebele                             91

SECTION XIX.
   73. Amelia Island                                      93
   74. Representation to China                            93
   75. Exemption from Rates                               95
   76. Errant Balloons                                    97

SECTION XX.
   77. Sully in England                                   97
   78. Homicide by an Attache                             99
   79. A Disputed Capture                                 99
   80. The Punishment for Murder                         101

SECTION XXI.
   81. A Traitor's Fate                                  101
   82. An Interrupted Armistice                          103
   83. Shooting Affray in a Legation                     103
   84. The Surrender of Port Arthur                      105

SECTION XXII.
   85. An Ambassador's Brother                           105
   86. A Detained Steamer                                107
   87. Prussia and the Poles                             107
   88. A Charmed Life                                    109

SECTION XXIII.
   89. A Daring Robbery                                  111
   90. The Fall of Abdul Hamid                           113
   91. A President Abroad                                113
   92. A Rejected Ambassador                             117

SECTION XXIV.
   93. Revictualling of a Fortress                       119
   94. Dutch Reprisals                                   119
   95. Birth on the High Seas                            121
   96. A High-handed Action                              121

SECTION XXV.
   97. The _Southern Queen_                              123
   98. A Three-cornered Dispute                          123
   99. Russian Revolutionary Outrage in Paris            125
  100. The Detention of Napoleon I.                      127




SECTION I


1. _A Councillor of Legation in difficulties._

In 1868 the French journalist Leonce Dupont, the owner of the Parisian
newspaper _La Nation_, became bankrupt. It was discovered that this
paper was really founded by the councillor of the Russian legation in
Paris, Tchitcherine, who had supplied the funds necessary to start it,
for the purpose of influencing public opinion in Russian interests. The
creditors claimed that Tchitcherine was liable for the debts of Dupont,
and brought an action against him.


2. _Neutral Goods on Enemy Merchantman._

A belligerent man-of-war sinks his prize, an enemy merchantman, on
account of the impossibility of sparing a prize crew. Part of the cargo
belongs to neutral owners, who claim compensation for the loss of their
goods.


3. _American Coasting Trade._

In 1898, after having acquired the Philippines and the island of Puerto
Rico from Spain by the peace treaty of Paris, and in 1899, after having
acquired the Hawaiian Islands, the United States declared trade between
any of her ports and these islands to be coasting trade, and reserved
it exclusively for American vessels.


4. _A German Balloon in Antwerp._

The following telegram appeared in the _Morning Post_ of April 7th,
1909, dated Brussels, April 6th:

"An incident which is regarded with some seriousness by Belgians has
occurred at Antwerp. A balloon which for a time was observed to be more
or less stationary over the forts finally came to earth in close
proximity to them. It proved to be a German balloon, the _Dusseldorf
No. 3_, controlled by two men, who, on being interrogated by the
Commander of the fortifications, declared themselves to be merely a
banker and a farmer interested in ballooning in an amateur fashion, who
had been obliged to descend. The General commanding the Territorial
Division adjoining Antwerp was informed of the incident. On an inquiry
being opened it was found that the aeronauts were none other than two
German officers, and that the balloon forms part of the German Army
_materiel_. The Minister for War was immediately informed, and he has
communicated the facts of the case to his colleagues. The inquiry is
being continued. In the balloon was found a quantity of photographic
apparatus."




SECTION II


5. _The Use of the White Flag._

During war between states A and B, an outlying fort of a harbour of
state A is being bombarded by the fleet of state B, and is in danger of
capture. Suddenly the white flag is hoisted on the fort, and a boat
flying a white flag and carrying an officer and some men leaves the
fort and makes for the flagship of the bombarding fleet. Thereupon the
fleet receives the order to cease firing. Shortly after this has been
carried out, the boat flying the white flag, instead of continuing its
course, returns to the fort. Under cover of this manoeuvre the
bombarded garrison succeeds in abandoning the fort and withdrawing in
safety.


6. _A South American "Pseudo-republic."_

The following appeared in the _Times_ of April 26th, 1904:

"The utility for the practical politician of the study of that branch
of sociology to which M. Lebon has given the non-classical name of the
psychology of crowds is amusingly demonstrated in the fact of the
efforts of the still nebulous State of Counany to materialize and to
attain a separate and independent existence among the South American
Republics. What is taking place would seem to be a simple phenomenon of
suggestion, induced by the example of Panama. The fate of the vague
territory known as Counany had been settled, as every one supposed, by
the arbitral sentence of the Swiss Tribunal by which this region, with
which France and Brazil had played diplomatic battledore and
shuttlecock for more than 175 years, was finally handed over to the
latter Power.

"Brazil has never, it appears, taken effective possession of Counany,
and the population, whose flag, if ethnographic differences were to be
symbolized in it, ought to be a sort of Joseph's coat of many colours,
are now apparently once more appealing to the civilized world to aid
them to secure a separate existence. What recently occurred on the
Isthmus of Panama, when a new State sprang full fledged into being,
would seem to have been an object lesson acting automatically on the
nerves of these Indians, whites, <DW64>s, and half-castes, welding them
into a compact whole and giving them a self-consciousness craving
European sanction. Hypnotized by Panama, and, it may be, counting upon
the eventual support of one of the Continental Powers which has already
shown the world that Brazilian affairs are not beyond the range of its
diplomatic vigilance, Counany steps once more to the fore.

"A Paris morning paper, the _Journal_, plays the _role_ of introducer
of the new Counany Ambassador. This Ambassador is a certain M. Brezet,
who comes to France, in spite of the sentence of the arbitral tribunal,
as President of a State which is described by all competent authorities
as a _pseudo_-republic, summarily wiped off the map as an independent
State. M. Brezet, moreover, is a Parisian who has served, it is said,
in the French forces in Guiana. He is now for the second time enjoying
the confidence of the Counanians, strong in the prestige won by his
success in having repulsed the Brazilians who sought dutifully to carry
out the terms of the clauses of the Berne Decree. 'After having
prepared the military and administrative reorganization of Counany, he
has come on a mission to Europe to defend the interests entrusted to
him.' Such is the story reported by the _Journal_.

"Counany, now described as the vast territory between the Amazon and
the two Guianas, is not merely a relatively accessible stretch of
coast-line and _Hinterland_ for a certain enterprising European
colonial Power, which has already prospected in Brazil, Venezuela, and
the unknown world between the Amazon and the Orinoco. Counany is
likewise on the high road of sea communication between the south of
South America and the eventual link between the Atlantic and the
Pacific, known as the Panama Canal. The Counany coast-line is a
covetable strip of the South American coast which at more favourable
moments might even distract our attention from Morocco."


7. _A Tavern Brawl._

In 1902, in an inn on the German side of the German-French frontier, an
altercation arises between Franz Heller, an Austrian subject, and a
Frenchman. They leave the inn together, still quarrelling. The
Frenchman hits Heller with his stick and runs away across the frontier.
Heller, however, draws a revolver and shoots the Frenchman dead. The
French government demands his extradition for murder.


8. _A Threatened Diplomatic Rupture._

The following appeared in the _Times_ of Feb. 22nd, 1908, dated Sofia,
Feb. 21st:

"A diplomatic rupture between Servia and Montenegro is threatened. The
Servian Minister has been instructed to leave Cettigne should
satisfaction not be accorded for certain injurious observations made by
M. Tomanovich, the Montenegrin Premier, in the course of a recent
speech. Relations between the two dynasties and countries have long
been strained, and the quarrel has become acute since the refusal of
the Servian Government to take the measures demanded by Montenegro
against refugees and others accused of participation in the recent plot
against the life of Prince Nicholas."




SECTION III


9. _Death Sentence on Russian Terrorists._

The following appeared in the _Times_ of Feb.