In spite of this elaborate preparation the project could not be realised, since public opinion in England was for political reasons opposed to it. And although several times since—in 1880, 1884, 1888, and 1908—steps were again taken in favour of the proposed tunnel, public opinion in England remained hostile and the project has had for the time to be abandoned. It is, however, to be hoped and expected that ultimately the tunnel will be built when the political conditions which are now standing in the way of its realisation have undergone a change.
CHAPTER III INDIVIDUALS
I POSITION OF INDIVIDUALS IN INTERNATIONAL LAW
Lawrence, § 42—Taylor, § 171—Heffter, § 58—Stoerk in Holtzendorff, II. pp. 585-592—Gareis, § 53—Liszt, §§ 5 and 11—Ullmann, § 107—Bonfils, Nos. 397-409—Despagnet, No. 328—Mérignhac, II. pp. 169-172—Pradier-Fodéré, I. Nos. 43-49—Fiore, II. Nos. 568-712—Martens, I. §§ 85-86—Jellinek, "System der subjectiven öffentlichen Rechte" (1892), pp. 310-314—Heilborn, "System," pp. 58-138—Kaufmann, "Die Rechtskraft des Internationalen Rechtes" (1899)—Buonvino, "Diritto e personalità giuridica internazionale" (1910)—Rehm and Adler in Z.V. II. (1908), pp. 53-55 and 614-618—Kohler in Z.V. III. (1909), pp. 209-230—Diena in R.G. XVI. (1909), pp. 57-76.
Importance of Individuals to the Law of Nations.
§ 288. The importance of individuals to the Law of Nations is just as great as that of territory, for individuals are the personal basis of every State. Just as a State cannot exist without a territory, so it cannot exist without a multitude of individuals who are its subjects and who, as a body, form the people or the nation. The individuals belonging to a State can and do come in various ways in contact with foreign States in time of peace as well as of war. The Law of Nations is therefore compelled to provide certain rules regarding individuals.
Individuals never Subjects of the Law of Nations.
§ 289. Now, what is the position of individuals in International Law according to these rules? Since the Law of Nations is a law between States only and exclusively, States only and exclusively[597] are subjects of the Law of Nations. How is it, then, that, although individuals are not subjects of the Law of Nations, they have certain rights and duties in conformity with or according to International Law? Have not monarchs and other heads of States, diplomatic envoys, and even simple citizens certain rights according to the Law of Nations whilst on foreign territory? If we look more closely into these rights, it becomes quite obvious that they are not given to the favoured individual by the Law of Nations directly. For how could International Law, which is a law between States, give rights to individuals concerning their relations to a State? What the Law of Nations really does concerning individuals, is to impose the duty upon all the members of the Family of Nations to grant certain privileges to such foreign heads of States and diplomatic envoys, and certain rights to such foreign citizens as are on their territory. And, corresponding to this duty, every State has by the Law of Nations a right to demand that its head, its diplomatic envoys, and its simple citizens be granted certain rights by foreign States when on their territory. Foreign States granting these rights to foreign individuals do this by their Municipal Laws, and these rights are, therefore, not international rights, but rights derived from Municipal Laws. International Law is indeed the background of these rights in so far as the duty to grant them is imposed upon the single States by International Law. It is therefore quite correct to say that the individuals have these rights in conformity with or according to International Law, if it is only remembered that these rights would not exist had the single States not created them by their Municipal Law.
[597] See above, §§ [13] and [63].
And the same is valid as regards special rights of individuals in foreign countries according to special international treaties between two or more Powers. Although such treaties mostly speak of rights which individuals shall have as derived from the treaties themselves, this is nothing more than an inaccuracy of language. In fact, such treaties do not create these rights, but they impose the duty upon the contracting States of calling these rights into existence by their Municipal Laws.[598]