114 WRIGHT— POSITION OF FOREIGN RELATIONS 



decision as to how we are to act rests with us."" They are 

 observed on the principle of reciprocity and are of two kinds. 

 Thus states are accustomed to exchange certain courtesies and 

 favors, not required by strict law. They also sometimes withhold 

 pressure when others fail to meet the responsibilities imposed by 

 strict law. It is with the latter kind that we are especially con- 

 cerned here. As an example, international law requires that com- 

 mitments to be valid be made by the proper constitutional authority, 

 and therefore assumes that all governments are informed of the 

 authority in foreign states with which they deal, competent to make 

 various sorts of international commitments. International law, 

 however, considers that commitments once made must be carried 

 out.^* It knows nothing of constitutional restrictions making ex- 

 ecution difficult or impossible, consequently governments are not 

 required to know the agencies in foreign states for executing inter- 

 national commitments and are entitled to protest if execution 

 fails, whatever the cause. If such protests are withheld" it is by 

 virtue of an international understanding.^^ 



Constitutional understandings suggest modes of exercising con- 

 stitutional powers out of respect for international responsibilities. 

 International understandings suggest a tolerant attitude toward 

 certain deficiencies in the meeting of international responsibilities 

 out of respect for constitutional limitations. 



^3 Vat'tel, The Law of Nations, Introduction, sec. 17; see also Pliillimore, 

 Commentaries on Int. Law, i: 161, sec. 163; Hall, Int. Law, 7th ed. (Hig- 

 gins), pp. 14, 56; Woolsey, Int. Law, sec. 24; Davis, Elements of Int. Law, 

 4th ed. (Sherman), pp. 92, 116; Wright, The Understandings of Int. Law, 

 Am, Jl. of Int. Lazv, 14: 568 (Oct., 1920). 



14 Wright, Columbia Law Rev., 20: 121-122; and infra, sec. 39. 



15 Turner v. Am. Baptist Union, 5 McLean 347 (1852). See also Wright, 

 Am. Jl. of Inf. Lazv, 10: 709, 716, and infra, sec. 39. 



