194 



ii natural indispensable obligation; for wLcn we can not nse constraint 

 in order to cause onr rights to be resi)ected their etfccts are very un- 

 certain. It is this right to preserve itself from all injury that is called 

 theriffkt of security ." BJc.2,c. 4. Dr. Phillimore, in his Commentaries on 

 Internationiil Law, says: "The right of self-preservation is the first 

 law of nations, as it is of individuals. A society which is not in a con- 

 dition to repel aggression from without is wanting in its principal duty 

 to the members of which it is composed and to the chief end of its in- 

 stitution. All meaus which do not affect the independence of other 

 nations are lawful for this end. ISTo nation has a right to prescribe to 

 another what these means shall be, or to re(iuire any account of her 

 condnct in this respect." Again, the same author: "We have hitherto 

 considered what measures a nation is entitled to take for the i)reserva- 

 tion of her safety icithin her dominions. It may happen that the same 

 right may warrant her in extending precautionary measures ivithout 

 these limits, and even in transgressing the borders of her neighbor's 

 territory. For international law considers the right of self-preserva- 

 tion as prior and i)aramouut to that of territorial inviolability, and, 

 where they conflict, justifies the maintenance of the former at the 

 expense of the latter right." 1 Phillimore, 252-253, c. 10, §§ 211, 214, 

 2d eel. Hall says : " In the last resort almost the whole of the duties 

 of states are subordinated to the right of self-protection. * * * 

 There are, however, circumstances falling short of occasions upon 

 which existence is immediately in question, in which through a sort of 

 extension of the idea of self-i^reservation to include self-protection 

 against serious hurt, states are allowed to disregard certain of the 

 ordinary rules of law, in the same manner as if their existence were 

 involved." Hall Int. Law, PI. II, (J. 7, 2 ed., p. 244. 



It has been suggested that the doctrine of self-protection, referred 

 to by writers upon international law, has application only where tlie 

 acts against which the state defends itself involve its existence, inde- 

 pendence, or safety, or the inviolability of its territory, and do.not justify 

 in time of peace, any exercise of authority or i;)ower by a state, beyond 

 its jurisdictional limits, in order merely to prevent the doing of that 

 which, in its direct effects, will work injury to its material interests. 



A familiar illustration of the extent to which a State may go in 

 defending its existence or providing for its safety, is that of a blockade 

 which interferes with the commerce of neutral nations. " The greatest 

 liberty," Manning says, "which law should allow in civil government 

 -S the power of doing everything that does not injure any other person, 



