270 BALCH— INTERNATIONAL QUESTIONS 



In any investigation of how far judicial settlements have and 

 can be successfully substituted for war in deciding the differences 

 arising between nations, it is necessary to look far back in the history 

 of our own period of civilization to examine the political changes 

 which gradually led to the formation of what we now call nations. 

 and also to scan carefully the attempts which have been made in the 

 past to mitigate the severity and curtail the area of war. 



When feudalism had developed and extended throughout Europe, 

 the relations of man to man upon which feudalism was based re- 

 sulted in a constant clashing of individuals over matters of more 

 or less moment without, however, the existence of any restraining 

 force to compel individuals to keep their quarrels within bounds 

 so as not to cause detriment to the political life and well-being of 

 other individuals who were not interested in the cause of discord. 

 As a consequence, it was perfectly proper for one feudal lord who 

 was at war with another feudal ruler but whose lands did not touch. 

 indeed might even be far apart, according to the means of com- 

 munication of the times, to march his retainers and men-at-arms 

 across the lands of the intervening neighbors who had no cause of 

 quarrel with either of the belligerent lords. The warring lords in 

 so doing were merely making use of the public highways. Gradually 

 there began to form, first in the west of Europe, by the grouping 



" The expression, legal cases, should be recognized to mean questions 

 arising between nations which, while a cause of dispute between two or more 

 sovereign states, do not threaten by their solution in favor of one side or the 

 other, the independence or any vital interest of either party. The expression, 

 legal cases, furthermore, should be recognized to apply to all those cases 

 which do not affect the vital interests of the contesting nations, whether there 

 are or are not rules of the law of nations upon which the majority of the 

 great powers of the world are agreed, ready at hand to apply to such cases in 

 arriving at a judicial decision for their solution. 



" The expression, political cases, should be recognized to mean questions 

 arising between states which, owing to the facts and interests involved in 

 those cases, do threaten, in any attempt to solve those questions by a judicial 

 decision, in the future to affect and alter either favorably or unfavorably the 

 political power and influence of one or more of the nations parties to the con- 

 troversy. The expression, political cases, furthermore, should be recognized 

 to apply to all those cases which do affect the vital interests of the contending 

 nations ; even though there may be rules of international law generally recog- 

 nized by the nations the application of which to those cases would decide 

 them strictly on legal grounds in favor of one side or the other." 



