WAR
AND
INTERNATIONAL
ADJUDICATION:
REFLECTIONS
ON
THE
1899
PEACE
CONFERENCE
By
David
D.
Caron*
I.
INTRODUCTION
In
fact,
the
first
organized
communities
of
international
law
...
are
organizations
the
function
of
which
is
to
settle
conflicts.
Hans
Kelsen
t
But
here
we
shall
note
the
recurrence
of
a
paradox
....
Where
practice
is
least
ethical,
theory
becomes most
utopian.
Edward
Hallett
Carl
2
The
belief
that
a world
free
of
war
might
be
possible,
be
more
than
simply
a
dream,
is
a
relatively
recent
phenomenon.
In
earlier
times,
war-like
disease-was
a
part
of
life.
There
existed
then
a
fatalism
about
war
that
no
doubt
persists
in
many
parts
of
the
world
today.
During
the
nineteenth
century,
however,
parts
of
the
world
developed
a
confidence
in
progress
and
a
hope that
progress
might
extend
to
the
abolition
of
war.
Most
importantly
for
this
essay,
a
popular
belief
circulated
at
the
end
of
the
century
that the
establishment
of
a
permanent
international
court
would
be
an
important
step
toward
a
world
free
of
war.
Ad
hoc
arbitration,
as
distinct
from
adjudication
by
such
a
permanent
court,
was
not
the
same
and,
by
itself,
not
enough.
The
1899
Peace
Conference
was
a
point
of
inflection,
a
turn
in
the
river,
in
the
effort
to
move
beyond
ad hoc
international
arbitration
to
adjudication
by
a
permanent
international
court
as
a
means
to
avoid
war
and
preserve
international
peace
and
security.
One
hundred
years
later,
the
legacy
of
the
1899
conference
continues
most
obviously
in
the institution
it
created,
the
Permanent
Court
of
Arbitration.
But
the
spirit
that
drove
the
negotiations
in
1899
may
be
said
more
importantly
and
directly to
have
continued
in
the
Permanent
Court
of
International
Justice
and
its
successor,
the
International
Court
of
Justice.
A
similar
spirit
and
belief
in
the
rule
of
law
animated the
chain
of
developments
leading
up
to
the
1998
Rome
Conference
on the
International
Criminal
Court.
Indeed,
in
the
sense
that
the
1899
conference
was
not
an
isolated
event
but, rather,
the
first
in
a
series
of
such
conferences
(the
second
Hague Conference
took
place
in
1907
and
the
third,
scheduled
for
1915,
was
canceled
as
a
consequence
of
the
First
World
War),
the
legacy
of
the
process
begun in
1899
may
be
viewed
most
broadly
as
the
continuing refinement
of
international
organization
for
the
maintenance
of
peace
and
security.
Of
the
Board
of
Editors.
HANs
KELSEN,
LAWAND
PEACE
IN
INTERNATIONALRELATIONS:
THE
OLIVERWENDELL
HOLMES
LECruRES
1940-41,
at
149
(1942).
2
EDWARD
HALLETr
CARR,
THETWENTYYEARS'
CRIsis,
1919-1939,
at
174
(Harper
Torchbook
1964)
(1939).
3
See,
e.g.,
HENRYSUMNER
MAINE,
INTERNATIONAL
LAW-THE
WHEWELL
LECrURES
8
(London,J.
Murray1888)
("War
appears
to
be
as
old
as
mankind,
but
peace
is
a
modem
invention").
SYMPOSIUM:
THE
HAGUE
PEACE
CONFERENCES
To
go
forward,
it
is
often
wise,
and
sometimes
necessary,
to
go
back.
The
purpose
of
this
essay
is
to
renew
our
sense
of
the
1899
conference
in
terms
both
of
what
happened
then
and
of
how
those
events,
beliefs,
and
objectives
manifest
themselves
today. This
essay
looks
back to
war
and
peace
at
the
end
of
the
nineteenth
century,
to
how
those
ideas were
understood and
how
itwas
thought
that
arbitration
andjudicial
settlement
of
disputes
were
to
play
a
role in
ensuring
a
more
peaceful
world.
Very
different
views
were
held
about
the
rhetoric
of
peace
at
the
end
of
the
nineteenth
century
and
by
the
delegates
to
the
1899
conference.
Some seriously
doubted
that
legal
settlement
of
disputes
could
prevent
wars;
while
the
effort
might
be
admirable,
perhaps
even
useful,
it
was
in
their
view
fundamentally
naive.
Others,
such
as
Lord
Balfour
of
Great
Britain,
saw
the
construction
of
"paper
screens,"
i.e.,
treaty regimes
addressing
security,
as
dangerous
in
that
they
could
mislead
people about
the
likely
turn
of
events.
4
The
then-active
peace movements
and
others
strongly
believed,
however,
that
states
could
renounce
war
and
instead
acceptjudicial settlement
of
disputes.
5
Peace
would
be
gained
by
constructing
the
machinery
of
peace
rather
than
the
tools
of
war.
In
examining
the
legacy
of
the
1899
conference in
this
century
and
what
it
suggests for
the
decades
ahead,
it
is
important
to
recognize frankly
at
the outset
that
difficult,
probably
unanswerable,
questions
are
presented.
These
questions
concern the
relations
between
war,
its
causes,
and
the
capacity
of
an
international
court
to
free
humanity
from the
increasing
horror
of
war.
The
answers
are
elusive
because
one
cannot
prove
what
would
have
hap-
pened
had
there
been
no
international court
or
had
there
been
one
that
more
fully
met
the
vision
of
those
who
sought
it.
6
It
is
also
important
to
emphasize
that
the
raison
d'&re
of
the
1899
Peace
Conference
was
not
dispute resolution
but,
rather,
the
avoidance
of
war.
In
this
sense,
this
essay
does
not
deal
broadly
with
the
resolution
of
all
international
disputes,
but
with
the
resolution
of
those
disputes
most
intimately
tied
to
the
security
of
the
state--those
most
likely
to
result
in
the
use
of
armed
force
on
a
wide
scale,
that
is,
the
hard
cases.
7
Likewise,
rather
than
attempting
to
address
all
means
of
peaceful
resolution
of
disputes,
this
essay
focuses
on
legal
mechanisms
to resolve
disputes.
8
Finally, all
this
is
not
to
say
that
only
questions
of
war
come
before
the
International
Court
ofJustice.
That
is
most
certainly
not
the
case.
Rather,
it
is
to
say
that
the
International
Court
ofJustice
is
the
inheritor
of
the belief
that
a
permanent
court
occupies
a
central
place
in
any
international
system
of
order
and
in
one's hope
for
the
future
of
that
system.
9
This
belief
is
the
fundamental
legacy
of
the
1899
Peace
Conference.
II.
WAR,
PEACE,
AND
INTERNATIONAL
ARBITRATION
IN
THE NINETEENTH
CENTURY
To
understand
the
debates
of
the
1899
Peace
Conference,
one
must
appreciate
the
spirit
of
the
nineteenth
century
and
the
contemporary
concern
about
the
growing
horrors
ofwar,
4
Philip
Kerr,
The
Mechanical
Reason
for
War,
inPHILIP
KERR
&
LIONEL
CURTIS,
THE
PREVENTION
OFWAR
7,
14-15
(1923)
(quoting
Lord
Balfour).
'
It
is
beyond
the
scope
of
this
essay
to trace
the
efforts
of
various
groups
to
have states
renounce
war
as
an
instrument
of
national
policy,
although
it
should
be
emphasized
that
the
peace
movements
often
linked
the
pro-
motion
of
an
international
court
with
a
call
for
the
formal
renunciation
of
war.
Seegenerally
HANS
WEHBERG,
THE
OUTLAWRY
OF
WAR
(1931);
DENYS
D.
MYERS,
ORIGIN
AND
CONCLUSION OF
THE
PARIS
PACr:
THE
RENUNCIATION
OF
WAR
AS
AN
INSTRUMENT
OF
NATIONAL POLICY
(1929)
;JAMES
T.
SHOTWELL,
WAR
AS
AN
INSTRUMENT
OF
POLICYAND
ITS
RENUNCIATION IN
THE
PACT
OF
PARIS
(1929).
6
The
art
ofcounterfactuals
is
rarelysatisfying
to those
who
hold
the opposite
belief.
See,
e.g.,VIRTUALHIsTORY:
ALTERNATIVES
AND
COUNTERFAGTUALS
(Niall
Ferguson
ed.,
1998),
and
debate
concerning
the
volume.
7This
focus
likewise
characterizesPEACEFULRESOLUION
OFMAJORINERNATIONALDISPUTES
(Julie
Dahlitz
ed.,
1999).
'
Other
methods
of
peacefully
settling disputes
discussed
at
the
1899
conference,
such
as
conciliation
and
fac-
tual
inquiry,
cannot
be
addressed
within
the narrow
confines
of
this
essay.
For
a
comprehensive
general
biblio-
graphy,
see
DAG
HAMMARSKJOLD
LIBRARY, PEACEFUL
SErrLEMENT
OF
DISPUTES
BETWEEN STATES:
A
SELECTIVE
BIBLIOGRAPHY,
UN
Doc.
ST/LIB/SER.B/39
(1991).
'See, e.g.,
the
panel
discussion,
particularly
the
remarks
ofGeorgesAbi-Saab,
in
INCREASINGTHEEFFECTIVENESS
OFTHE
INTERNATIONAL
COURT
OFJUSrICE
202-05
(1997).
2000]
THE
AIERICANJOURNAL
OF
INTERNATIONAL
LAW
the concomitant
drive
for
peace,
and
the belief
that
international
arbitration,
if
improved
through
the
establishment
of
a
permanent
court,
offered
the
promise
of
ending
war.
An
important
caveat
regarding
the
discussions
of
the
nineteenth
century
recounted
in
this
essay
is
that
they
primarily
involved
Europeans
and
were
global
only
in
the
sense
that
the
century
was
a
European
one.
Indeed,
the
discussions
were
often
premised
on
an
explicitly
nonuniversalist
perspective.
For
many,
the
nineteenth
century
meant
progress:
technologi-
cally,
economically,
and
materially.
Combined
with
Christian
views
of
human
nature,
"progress"
encompassed
the
notion
that
people
and
the
world
were
capable
of
salvation.
10
In
this
sense,
the
discussions
leading
up
to,
as
distinct
from
those
that
took
place
at,
the
Hague
Peace
Conference
should
primarily
be
seen
as
having
originated
within
a
context
emphasizing
the
concerns
of
Europe,
and
resting
on
Christian
beliefs
ard
Western
civilization.'
Many
of
the
peace
movements
of
the
nineteenth
century
were
explicitly
based
on
Christian
beliefs.
The
Quakers,
for
example,
believed
that
Christianity
required
some
degree
of
individual
pacifism.
William
Ladd,
in
his
influential
1840 Essay
on
a
Congress
of
Nations,
repeatedly
asserts
thatshared
Christian
beliefs
will
provide
the
foundation
on
which
international
order
may
be
built.
12
Indeed,
Ladd
would
have
limited
participation
in
his
proposed
congress
and
court
of
nations
to
the
Christian
and
civilized
nations.
1l
The
European
focus
also
manifested
itself,
for
example,
in
contemporary
estimations
ofwhether
the
nineteenth
century
was
to
be
viewed
as
violent
or
at
peace.
Thus,
John
Fiske,
writing
in
1894
and
noting
that
the Napoleonic
Wars,
the
last
significant
European
conflict,
had
ended
in
1815,
could
speak
of
the
long
peace
of
the
nineteenth
century
without
any
reference
to
the
violence
in
colonial
areas.
14
Finally,
it
should
be
recalled
that
the
world
at
the
end
of
the
nineteenth
century
was
changing
rapidly
and
was
already
vastly
different
from
what
it
had been
one
hundred,
or
even
only
fifty,
years
earlier.
The
arrival
of
the
Industrial
Revolution
in
many
countries
had
led
both
to
increased
interaction
among
states
through
trade
and
investment
and
to
an
increased
capacity
for
the
conduct
of
war.
The
Concert
of
Europe,
particularly
in
the
first
half
of
the
century,
had
served
the
security
needs
of
Europe
reasonably
well.
But
as
the
United
States
emerged
as
a
world
power
with
particular
influence
in
the
Western
Hemi-
sphere
and
political
circumstances
within
Europe
shifted,
the
informal
Concert
of
Europe
no
longer
seemed
adequate
for
the
organization
ofEuropean,
not
to
mention
international,
security.
Within
the
United
States
and
elsewhere,
the
emergence
of
the
progressive
movement,
which
called
for
reform
ofpolitical
structures,
led
to
the
creation
of
the
modern
'
0
Seegenerally
REIGION
AND
INTERNATIONAL
LAW
(Mark
W.Janis
&
Carolyn
Evans
eds.,
1999).
Thus,
at
this
time
modem
prisons
were
born
and,
in
some instances,
termed
penitentiaries.
See,
e.g.,
George
Fisher,
TheBirth
of
tfe Prison
Retold,
104YALE
LJ.
1235
(1995).
Similarly,
at
this time
the
compassionate
image
of
colonialism's
mission,
championed,
for
example,
by
Kipling,
was
probably
at
its
peak.
"
Not manynon-European
states
attended
the
first
Hague
Conference,
but
the
perspective
of
those
presenthad
a modest
effect
on
the
substantive
outcome
regarding
the
laws
of
war.
SeeJOsEPH
H.
CHOATE,
THE
TWO
HAGUE
PEACE
CONFERENCES
16-17
(1913).
For
a
sweeping
discussion
of
the
interaction
of
civilization.,,
see
SAMUEL
P.
HUNTINGTON,
THE
CLASH
OF
CIVILIZATIONS
AND
THE
REMAKING
OF
WORLD
ORDER
(1997).
12WItI!AM
LADD,ESsAYONACONGRESSOFNATIONSFORTEADJUSTMENTOFINTERNATIONALDI!S;PTESWI
lOUT
RESORT
TOARMs
102
(Oxford
University
Press
1916)
(1840).
For
Ladd, peace
could
only
be established
through
the
teachings
of
Christianity:
"The
storm
of
war
would
soon be
hushed
in
Christendom,
and
that
main
obstacle
to
the
conversion
of
the
heathen
being
removed,
Christianity
would
soon
spread
all
over
the
world."
Id.
"Id.
at
4-5.
This
focus
was
reflected
somewhat
in the
choice
of
nations
that
were
later
invited
to
and attended
the
1899
Peace
Conference.
Having
said
this,
I
also
note
that
a
much
broader
representation
of
states
attended
the
1907
Hague
Conference
and
that
as
this
representation
in
international
organizations
has
expanded
considerably
in
the
course
of
the
20th
century,
the
basic
tenets
of
international
adjudication
have
proved
to
be
nearly
universal.
4
See
Kerr,
supra
note 4,
at
10.
As
to
the
significant
number
ofarmed
conflicts
occurring
within colonies
in
contrast
to
the
few
intra-European
armed
conflicts
in
the
19th
century,
see
EVAN
LUARD,WARIN
INTERNATIONAL
SOCIETY:ASTUDYIN
INTERNATIONAL
SOCIOLOGY
59-60
(1987).
See
alsoAntony
Anghie,
Finding
the
Peripheries:
Sovereignty
and
Colonialism
in
Nineteenth-
Century
InternationalLaw,
40
HARV.
INT'L
LJ.
1
(1999).
(Vol. 94:4
SYMPOSIUM;
THE
HAGUE
PEACE
CONFERENCES
bureaucratic
state
and
parallel
international
institutions.
By
the
end
of
the
century,
the
framework
of modern
international
organization
was
beginning
to take
shape
and
the
need
to
codify
international
law was
increasingly
recognized.
The
Peace
Movements
and
"The
Specter
of
War"
The
face
of
war
changed
in
the
nineteenth
century.
Many
at
the
end
of
the
twentieth
century
may
find
it
difficult
to
recapture
the
glorification
of
war
of
earlier
centuries.
On
the
one
hand,
a
romantic
image
ofwar
can
be
viewed
as
a
perverse
luxury
of a
nobility
protected
by
armor
and
chivalry.
On
the
other
hand,
a
romantic
image
of
war
may
simply
reflect
acceptance
of
what,
as
stated
earlier,
was
as
much
a
part
of
life
as
disease.
In
a
Native
American
story,
a
child
is
told
during
a
thunderstorm
that
the
wind
takes
the
weak
and
old
wood
away
from
the
forest
and
thus brings
renewal
and
strength.
15
So,
too,
was
war
de-
scribed
as
strengthening
a
culture;
war
in
this
view
swept
away
degeneracy
and
offered
renewal.
16
But,
even
if
a
romantic
tension
between
creation
and
destruction
could
ever
mythically
have
been
said
to
exist,
the
world
itself
was
changing
and
destruction
threatened
to
overshadow
all
who
existed
and
all
that
had
been built.
Technology
magnified
the
power
of
weapons
in
the
nineteenth
century,
while
mass
propaganda
demonized
the
intended
targets.
Destruction
was
possible
on
a
scale
wider
than
ever
before,
and
this
breadth
of
scale
was
matched
by
an
increase
in
the
size
of
the
contesting
forces.
17
A
powerful
symbol
of
this
changing
face
ofwar
can be
found
on
the
grounds
of
the
Peace
Palace,
the
physical
legacy
of
the
1899
Peace
Conference.
8
Behind the
palace
in The
Hague
is
a
stand
of
trees
and
cut
into
those
trees
is
a
space
perhaps
fifteen
feet
across
and
a
hundred
feet
deep.
At
the
end
of
that
space
stands
a
statue.
To
view
the
statue,
one
must
step
from the
sunlight into
this
shaded
space,
one
must
commit oneself.
Butwith
each
step,
one
discovers
that
he
or
she
is
approaching
a
chilling
representation,
"The
Specter
of
War,"
which
embodies
the horrors
of
the
First
World
War,
of
a
generation
and
innocence
lost.
9
The
nineteenth
century
saw
the
advent
of
the
mass
production
of
war,
with
the
U.S.
Civil
War
often described
as
the
first
modern
war
in
this
regard.
2
"
As
the
scope
of
loss
increased,
so
did
popular
suspicion
of
the
purposes
or
wisdom
of
those
who
led
their
peoples
to such
slaughter.
That
war
could
simply
be
the
result
of
a
mistake
was
widely
thought
possible
in
the
case
of
the
sinking
of
the
Maine
and
the
Spanish
American
War,
which
followed
.21
And
the
senselessness
of
war
was
emphasized
in
literature
of
the
day
such
as
Leo
Tolstoy's
War
15
FORREST
CARTER,
THE
EDUCATION
OF
LrIE
TREE
(1986).
""This
is
one
reason
for
the
uncompromising
rejection
[by
Germanybefore
the
FirstWorldWar]
of
the
pacifist
leanings
in
the
Western
World.
They
were
despised
and
ridiculed
as
degenerate
as
compared
with
the
medieval
ideal
of
chivalry."
FRrrzFISCHER,WAROFILLUsIONs:GERMANPoLICIESFROM
1911
TO
1914,
at81
(M.Jackson
trans.,
1975)
(1969).
"One
does
not
have
to subscribe
to
Fischer's
thesis to
conclude
that
the
very
favorable
lightin
which
German
policy-makers
viewed
war
exercised
a
subtle
but
important
influence
on
their
behavior."
RICHARD
N.
LEBOW,
BETWEEN
PEACE
AND
WAR:
THE
NATURE
OF
INTERNATIONAL
CRISIS
253
(1981).
1
7
"When
Russia
was
rising
to
the
height
of
military
reputation...
in
1812
and
1813,
she
had
always
a
difficulty
in
bringing
as
many
as
100,000
men
into
the
field;
now
she
is
said
to
contain
six
millions
of
armed
men."
MAINE,
supra note
3,
at
5.
"
On
the
building
that
came
to
house
the
Permanent
Court
of
Arbitration,
see
A.
LYSEN,
HISTORY OF
THE
CARNEGIE
FOUNDATION
AND
OF
THE
PEACE
PALACE
AT
THE
HAGUE
(28
Bibliotheca
Visseriana,
1934);
and
ARTHUR
EYFFINGER,
THE
PEACE
PALACE-RESIDENCE
OF
LEARNING,
DOMICILE
FORJUSTICE
(1988).
The
completion
of
that
building
in
1913
was
soon
to
be overshadowed
by
the
First
World War.
"9
The
statue
is
titled
"Le
Spectre
de
la
Guerre."
Itwas
sculpted
by
Rebeca
Matte
de
Iniguez
and
donated
to
the
Peace
Palace
by
the
government
of
Chile.
0
Likewise,
the
U.S.
Civil
War
and
other
conflicts
of
that
time
prompted
the development
of
the
modem
laws
of
war.
See,
on
the
Lieber
Code,
Theodor
Meron,
Francis
Lieber's
Code
and
thw
Principles
of
Humanity,
in
PoLmcS,
VALUES
AND
FUNCTIONS:
INTERNATIONAL
LAW
IN
THE
21ST
CENTURY
249
(Jonathan
I.
Chamey
et
al.
eds.,
1997).
See
also
Thomas
G.
Barnes,
Introduction
to
RICHARD
SHELLYHARTIGAN,
LIEBER'S
CODEAND
THE
LAW
OFWAR
3
(1995).
21
SeeThomas
Allen,
Remember
theMaine?NAT'L
GEOGRAPHIC,
Feb.
1998,
at
92;
see
also
CHOATE,
supra
note
11,
at
28.
2000]
THE
AMERICANJOURNAL
OF
INTERNATIONAL
LAW
and
Peace.
It
was
amid,
and
as
a
promoter
of,
this
intellectual
climate,
that
the
peace
move-
ments
grew
in
strength
during
the
nineteenth
century.
The
significance
of
the
peace
movements
to
the
1899
Peace
Conference
could
perhaps
be
overstated,
but
it
cannot
be
overlooked.
22
If
the
second
half
of
the
twentieth
century
was
marked
by
grass-roots
supportfor
deep
ecology,
human
rights,
andwomen's
rights,
then
the
second
half
of
the
nineteenth
century
was
marked
by
antislavery
movements,
the
women's
suffrage
movement,
and,
most
importantly
for
this
essay,
the
peace
movements.
23
Like
today's
environmental
movements,
the
peace
movements
encompassed
many
dif-
ferent
strands
and
philosophies.
To
some
adherents,
peace
meant
simply
a
world
free
of
war.
To
others,
peace
meant
a
world
that
remained
at
peace
because
it
was
guided
by
programs
or
philosophies
of
socialjustice.
Some
viewed
violence
as
morally
wrong
and
saw
peace
as
a
goal
for
both
society
and
the
individual.
It
is
in
this
strand
that
some
branches
of
contemporary
pacifism
find
their
roots.
For
others,
peace
required
organizational
restructuring
so
as
to
avoid
the
most
serious
breach
of
peace-war.
Individuals,
through
their
ideas
and
force
of
will,
wielded
great
influence
over
the
peace
movements
and
were
the
driving
force
behind
them.
And
if,
as
the
editors
of
this
sympo-
sium
indicate,
women
were
not
among
the
delegates
to
the
1899
Peace
Conference,
24
they
certainly
stood
at
the
center
of
some
of
the
peace
movements.2
The
highly
popular
novel,
Lay
Down
YourArms,
by
Baroness
Bertha
von
Suttner,
for
example,
was
to
the
promotion
of
peace
what
Uncle
Tom's
Cabin
was
to
the
abolition
of
slavery.
26
Arbitration
and
the
Peaceful
Settlement
ofDisputes
in
the
Nineteenth
Century
A
distinctive
feature
of
the
nineteenth-century
peace
movements
was
their
faith
in
inter-
national
arbitration,
and
particularly
adjudication
before
a
permanent
international
court,
as
a
promising
means
to
advance
peace.
Since
these
movements
could
have
chosen
other
strategies
to
promote
peace,
their
focus
on
a
permanent
international
court
deserves
atten-
tion.
2
7
While
contemporary
observers
are
likely
to
believe
that
adjudication
and
mediation
'The
peace
movements
have
been
studied
in
detail.
A
classic
work
of
the
time
credited
by
many
later
writers
is
A.
C.
F.
BEALEs,
THEHISrORYOFPEACE:ASHORTACCOUNTOFTHE
ORGANIZED
MOVEMENTS
FORINTERNATIONAL
PEACE
(1931);
see
also
THE
EAGLE
AND
THE
DOVE:
THE
AMERICAN
PEACE
MOVEMENT
AND
UNITED
STATES
FOREIGN
Poucyl1900-1922
(John
Chambers
I
ed.,
2d
ed.
1991);
CHARLES
CHATFIELD,THEAMERICAN
PFACEMOVEMiENT:
IDEALS
AND
ACTIVIsM
(1992);
M.
E.
CURTI,
THE
AMERICAN
PEACE
CRUSADE
1815-1860
(1929);
C.
ROLAND
MARCHAND,
THE
AMERICAN
PEACE
MOVEMENT
AND
SOCIAL
REFORM
1898-1918
(1972);
CHRISTINA
PHELPS,
THE
ANGLO-AMERICAN
PEACE
MOVEMENTS
INTHE
MID-NINETEENTH
CENTURY
(1930);
M.
R.VESNIC,
DEUXPR11CURSEURS
FRANCAIS
DU
PACIFISME
(1911).
A
basic
reference
is
ROBERT
S.
MEYER,
PEACE
ORGANIZATIONS
PAST
AND
PRESENT:
ASURvEYAND
DIRECTORY
(1988).
A
particularly
valuable
collection
ofmaterials
relating
to
many
of
the
American
peace
movements
from
their
inception
may
be
found
at
Swarthmore
College,
and
may
be
viewed
in
part
at
<http://vw.svarthmore.edu/library/peace/>.
On
contemporary
"peace
studies"
and
their
ties to
the
peace
movements,
see
Peace
Studies:
Past
and
Future,
ANNALS
AM.
ACAD.
POL.
&
Soc.
SCi.,July
1989
(George
A.
Lopez
spec. ed.).
'
This
is
not
to
imply
that
there
was
not
also
substantial
grassroots
(nongovernmental
organization)
support
for
environmental
causes
toward
the
latter
half
of
the
19th
century.
See,
e.g.,
KURKPATRICK
DORSEY,
THE
DAWN
OF
CONSERVATION
DIPLOMACY-
U.S.-CANADIAN
WILDLIFE
PROTECTION
TREATIES
IN
THE
PROGRESSIVE
ERA
(1998).
2
4
SeeGeorge
H.Aldrich
&
Christine
M.
Chinkin,
Introduction
to
Symposium,
TheHaguePeace
Conferences,
94AJIL
1,1
(2000).
2
See
generally
UNITED
NATIONS
LIBRARYAT
GENEVA,
BERTHA
VON
St!TNER
AND
OTHER
WOMEN
IN
PURSUIT
OF
PEACE
(1993).
26
See
BRIGr=rE
HAMANN,
BERTHA
VON
SuTrNER:
A
LnFE
FOR
PEACE
72
(Ann
Dubsky
trans.,
Syracuse
University
Press
1996)
(1986)
(originally
published
in
German
as
Bertha
von
Suttner:
ein
Lebenfir
den
Frieden)
(asserting
that
"[j]ust
as
the
latter
did
more
for
the
abolition
of
slavery
than
all
the
scientific
arguments
put
together,
so
did
Sutmer
contribute
more
to
the
spread
ofthe
pacifistidea
throughout
the
world
than
what
the
pacifists
had
hoped
for
in
vain
for
decades.");
see
also
MEMOIRS
OF
BERTHA
VON
SUTrNER:
THE
RECORDS
OF
AN
EVENTFUL
LIFE
(authorized
Eng.
trans.,
1910);
BEATRIX
KEMPF,
SUFFRAGETFE
FOR
PEACE:
THE
LIFE
OF
BERTHA
VON
SUTrNER
(R.
W.
Last
trans.,
Oswald
Wolff
1972)
(1964)
(published
in
GermanasBerthavonSuttner-DasLeben
einergrossenFrau).
"Not
all
explanations
reflect
well
on
either
the
peace
movements
or
the
desirability
of
an
international
court.
It
is
argued
persuasively,
for
example,
that
the
Austrian
Peace
Society
founded
and
led
by
Baroness
von
Suttner
promoted
international
courts
to
the
exclusion
of
other
rationally
related
policies
because
doing
so
presented
a
[Vol.
94:4