The Law of Hostile Military Expeditions as Applied by the United States
Open Access
- 1 January 1914
- journal article
- Published by Cambridge University Press (CUP) in American Journal of International Law
- Vol. 8 (1) , 1-37
- https://doi.org/10.2307/2187243
Abstract
By the time of the establishment of the American Government the practice of the nations with regard to their mutual obligations had begun to resolve itself into fairly well-defined principles. Among these was one to the effect that one state must prevent the use of its territory and resources for hostile attacks upon its neighbors with which it is at peace. In the beginning this rule was evolved from the relations of neutrality; for the more pressing needs of the time of war tended to crystallize usage applying to it, while other practice was still incoherent. But obviously the law thus defined was only a phase of the general duty of a state to prevent injurious and offensive acts against friendly countries. The obligation is based upon the complete and exclusive control which the sovereign is presumed to exercise over its subject persons and territory. The authority of the sovereign exists alike in time of war and time of peace; and the requirement of the law extends as well to normal relations as to the exceptional conditions of neutrality.Keywords
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