118 and Sweden a right to intervene in the Empire, and subjected the Empire and its states to corresponding incapaci ties. Similar incapacities were created by the treaties of Utrecht. Intervention is the corollary of many of the limitations considered elsewhere from another point of view, This many interventions are explained by essential differences in civilization. It cannot be doubted that states having extraterritorial rights may intervene if necessary to conserve The precedents for intervention on behalf of citi them. 120 zens residing in the less advanced countries of the world are so numerous as to leave no doubt as to the positive principle which justifies them. It is suggested that the socalled interventions in the interests of humanity, wherever they can be justified legally, are really the consequence of differences in civilization, and that wherever this is the situation there exist legal incapacities which can only be removed by the natural processes of orderly progress. Repeated interventions in Turkey121the action taken 118 Treaty of Osnabrück, Art. 17, in Dumont, VI, I, 488; Treaty of Minster, secs. 119-120, in Vast, Les grandes traités, Vol. I, p. 55. 119 France-Great Britain, Arts. 24-25; France-Portugal, Art. 18; France-Prussia, Art. 11; France-Savoy, Arts. 5-7; France-United Provinces, Art. 31; Vast, Les grandes traités, Vol. III, pp. 85, 118, 126, 133, 156. 120 Cf. Hodges, Doctrine of Intervention, p. 91; Rougier, in R.G.D.I.P. (1910), Vol. XVII, pp. 468-526. 121 See Holland, European Concert in the Eastern Question. 123 by the United States in 1898 in relation to Cuba, 122 the intervention of the powers in China in 1900, and of the United States in Mexico during the late revolutions 124 afford illustrations. The protection of one state by another implies intervention if necessary to make protection effective. Intervention is the normal order in connection with the protection of backward or partially civilized states. It is always held in reserve in the protection of more advanced states. The right is expressly stipulated in the treaty between the United States and Cuba, quoted above, above,125 and has been exer aised by the United States in the performance of its obli It has never been seriously doubted that the relation of guarantee implies intervention as a sanction. The European powers have intervened to make effective the collective guarantees undertaken at Vienna, Paris, and Berlin. guarantors of Greece have been obliged to intervene on more 127 The 122 See Moore, Digest, Vol. VI, pp. 105-239. 123 See Clements, The Boxer Rebellion. 124 See correspondence regarding the American punitive expedition of 1916, in A.J.I.L. Suppl. (1916), Vol. X, pp. 179-225. 125 Supra, p. 301. 126 127 U.S. Foreign Relations (1906), pp. 454-510. See the treaties between Great Britain and Prussia, Aug. 9, 1870, and between Great Britain and France, Aug. 11, 1870, in Hertslet, Vol. III, pp. 1886, 1889. |