Intervention; Monroe Doctrine; claims

"Intervention," says Hall, "takes place when a state interferes in the relations of two other states without the consent of both or either of them, or when it interferes in the domestic affairs of another state irrespectively of the will of the latter for the purpose of either maintaining or altering the actual condition of things within it. Prima facie intervention is a hostile act, because it constitutes an attack upon the independence of the state subjected to it. Nevertheless its position in law is somewhat equivocal. Regarded from the point of view of the state intruded upon it must always remain an act which, if not consented to, is an act of war. But from the point of view of the intervening power it is not a means of obtaining redress for a wrong done, but a measure of prevention or of police, undertaken sometimes for the express purpose of avoiding war.

Hence

although intervention often ends in war, and is sometimes really war from the commencement, it may be conveniently considered abstractedly from the pacific or belligerent character which it assumes in different cases."

Hall, Int. Law, 5th ed. 284.

See Bluntschli, trans. by Lardy, ed. 1881, §§ 68-69, 431-441, 474-480; Bonfils-Fauchille, Manuel, ed. 1901, §§ 295-323; Creasy, First Platform, 278-296; Heffter, Bergson's ed. 1883, §§ 108-111; Phillimore, 3d ed., I. 553-638; Wheaton, Dana's ed., §§ 125-133.

Much that is found on the subject of intervention in the books on international law is specially applicable to the situation in Europe, and can be applied only indirectly or by analogy to the situation in America or in other parts of the non-European world.

Thus, coupled with intervention on the ground of self-preservation, which is of course universally applicable, we find intervention to preserve rights of succession, which has never been exemplified in America.

We also find in the books the following additional causes assigned as grounds of intervention: 1. Intervention in restraint of wrongdoing (1) against illegal acts, (2) against immoral acts. 2. Intervention under a treaty of guarantee. 3. Intervention by invitation of a party to a civil war. 4. Intervention under the authority of the body of states.

Hall, Int. Law, 5th ed. 285-296.

See De Martens, Précis, § 75; Calvo, Le Droit Int. §§ 141-142; Fiore, I. 421-455; Mamiani, 100-101, 112.

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