WRIGHT— POWER TO MEET RESPONSIBILITIES. 297 



carry them out." They ordinarily require legislation to be effec- 

 tively executed. In spite of this fact, the obligation of such treaties 

 rests primarily upon individuals and the responsibility of the govern- 

 ment is measured by the standard of " due diligence," whether or 

 not the treaty specifies the steps which are to be taken in prevention 

 and punishment.^- Thus such treaty provisions have been consid- 

 ered in the preceding chapter. 



On the other hand certain treaty obligations are addressed solely 

 to public authorities, of which may be mentioned those requiring 

 the payment of money, the cession of territory, the guarantee of 

 territory or independence, the conclusion of subsequent treaties on 

 described subjects, the participation in international organizations, 

 the collection and supplying of information, and direction of postal, 

 telegraphic or other services, the construction of buildings, bridges, 

 lighthouses, etc. It is with the power to perform such obligations 

 that we are here concerned. 



138. Obligations Founded on General International Law. 



Although all international law is said to rest ultimately upon the 

 agreement of states,^^ in fact this agreement is assumed of prin- 

 ciples established by long practice and custom or the concurrence of 

 authoritative writers.^* International law imposes few if in fact 

 any obligations requiring specific performance. It requires that 

 states preserve order in their territory and exercise especial vigilance 

 in such matters as the protection of diplomatic officers, the preser- 

 vation of neutrality, the suppression of nuisances such as piracy. 

 But here the state's responsibility is indirect. The law of neutrality 

 requires that neutral states intern troops and vessels illegally in 

 their jurisdiction and restore prizes illegally captured or brought 

 within their jurisdiction, but these requirements are designed pri- 

 marily as means for the enforcement of law against individuals in 

 the neutral state's jurisdiction. Certain ceremonial observances such 



11 Supra, sees. 125-127. 



^' Supra, sec. 124. 



^3 The Exchange v. McFaddon, 7 Cranch 116. 



^* The Paquette Habana, 175 U. S. 677. See for sources of international 

 law, Draft Code for an International Court, Art. 35, Am. Jl. Int. Law, Supp., 

 14: 379, Oct. 1920. and Wright, Miyxn. Law Rev., 5: 436. 



