§ 481. The Law of Nations does not prescribe any particular form in which international negotiations must be conducted. Such negotiations may, therefore, take place viva voce or through the exchange of written representations and arguments, or both. The more important negotiations are regularly conducted through the diplomatic exchange of written communications, as only in this way can misunderstandings be avoided, which easily arise during viva voce negotiations. Of the greatest importance are the negotiations which take place through congresses and conferences.[838]
During viva voce negotiations it happens sometimes that a diplomatic envoy negotiating with the Secretary for Foreign Affairs reads out a letter received from his home State. In such case it is usual to leave a copy of the letter at the Foreign Office. If a copy is refused, the Secretary for Foreign Affairs can on his part refuse to hear the letter read. Thus in 1825 Canning refused to allow a Russian communication to be read to him by the Russian Ambassador in London with regard to the independence of the former Spanish colonies in South America, because this Ambassador was not authorised to leave a copy of the communication at the British Foreign Office.[839]
[839] As regards the language used during negotiation, see above, § [359].
End and Effect of Negotiation.
§ 482. Negotiations may and often do come to an end without any effect whatever on account of the parties failing to agree. On the other hand, if negotiations lead to an understanding, the effect may be twofold. It may consist either in a satisfactory exchange of views and intentions, and the parties are then in no way, at any rate not legally, bound to abide by such views and intentions, or to act on them in the future; or in an agreement on a treaty, and then the parties are legally bound by the stipulations of such treaty. Treaties are of such importance that it is necessary to discuss them in a special chapter.[840]
[840] See below, §§ [491]-554.
II CONGRESSES AND CONFERENCES
Phillimore, II. §§ 39-40—Twiss, II. § 8—Taylor, §§ 34-36—Bluntschli, § 12—Heffter, § 242—Geffcken in Holtzendorff, III. pp. 679-684—Ullmann, §§ 71-72—Bonfils, Nos. 796-814—Despagnet, Nos. 478-482—Pradier-Fodéré, VI. Nos. 2593-2599—Rivier, II. § 46—Nys, III. pp. 7-17—Calvo, III. §§ 1674-1681—Fiore, II. Nos. 1216-1224, and Code, Nos. 1206-1245—Martens, I. § 52—Charles de Martens, "Guide diplomatique," vol. I. § 58—Pradier-Fodéré, "Cours de droit diplomatique" (1881), vol. II. pp. 372-424—Zaleski, "Die völkerrechtliche Bedeutung der Congresse" (1874)—Nippold, "Die Fortbildung des Verfahrens in völkerrechtlichen Streitigkeiten" (1907), pp. 480-526.
Conception of Congresses and Conferences.