INTERNATIONAL RELATIONS. 105 



are due to him as a man, and he is a man everywhere. The first con- 

 dition necessary, in order that man may perfect himself, is that he en- 

 joy all the natural and legal faculties without which he could not live. 

 The rights of man, therefore, are independent of the diversity of states ; 

 they appertain to him simply as a man that is to say, they belong to 

 him everywhere. 



The equality of the foreigner and the citizen is the basis of the 

 private international law : if the foreigner did not enjoy any civil 

 rights, it would not be a question by what law his rights were to be 

 determined ; in that case not only would the international law have 

 no reason of being, but it would be impossible. This is why the pri- 

 vate international law is of such recent date. In fact, scarcely any 

 two of the writers upon it agree as to its nature and scope. Some 

 authors, convinced of the inanity of theory, have believed that the 

 law should rest upon facts ; in presence of the extreme diversity of 

 national legislation, they have appealed to the comity that peoples 

 should observe in their relations with each other ; each in its legisla- 

 tion having an interest in looking to the welfare of the foreigner, in- 

 asmuch as its own citizens are taken into account by the foreign laws. 

 This is nothiniJ: less than the doctrine of interest a doctrine false in 

 philosophy and false in law ; interest is not a principle, it is a fact, 

 and a variable fact according to the circumstances and the passions. 

 The right, on the contrary, should rule the facts ; it is a contradiction 

 of terms to pretend that interest, always hostile, will put an end to the 

 eternal conflicts which it begets. On the contrary, it will be seen that 

 the facts are the great obstacle which this science has to contend with. 

 How will a union be established in the midst of this infinite diversity ? 

 It is the contrariety and diversity of laws that demand application of 

 the judge : is it the national law which the judge should apply, or 

 that of the parties to the suit ? And what will be done in case the 

 parties belong to different nationalities ? Shall we take into account 

 the law of the place where the subject of the dispute is situated ? 

 Shall we distinguish whether they are chattels or immovables ? If it 

 is a question arising upon contract, shall we have recourse to the law 

 of the place where the contract is made, or where it is to be executed ? 

 Shall we give a preference to the law of the debtor or to that of the 

 creditor ? If there is involved the validity of instruments in writing, 

 shall we follow the law of the place where the writings were made ? 

 By what principle shall a judge decide in this sea of doubts ? These 

 are the principles sought by the private international law. 



Private international law, considered as a positive law, reposes on 

 the agreements expressed or implied, which are entered into between 

 sovereign nations. Treaties alone can put an end to the war of con- 

 flicting interests and diverse laws. There is but one means of con- 

 ciliating nations who recognize no superior authority, and that is by 

 way of concurrence of consent. Italy, under the inspiration of Man- 



