Justice among Nations. A History of International Law - Stephen C. Neff

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Dissident Voices 283

this connection, he gave extended attention to the question of whether hu-
manitarian intervention should be allowed. His conclusion was fi rmly nega-
tive. “Th e self- rule of States,” he pronounced, “is sacred and inviolable.”
Nonetheless, Mamiani did allow for two marginal exceptions to the oth-
erwise strict rule of nonintervention, plus one important caveat. Th e fi rst
exception was counterintervention. Like Mill, he conceded the lawfulness of
action taken to neutralize intervention by some other state. Th e second
exception was that intervention is permissible if its purpose is to assist a
subjugated people in throwing off a foreign yoke. Th e important caveat
was Mamiani’s insistence that aid given by one portion of a people to assist
their fellow nationals does not count as intervention— and is therefore out-
side the scope of the nonintervention principle. Th e reason is that, by defi ni-
tion, the two groups are actually the same people.
Support for the nationality doctrine from the liberal camp was readily
forthcoming. Th is was natural, in view of the support of liberals for govern-
ment by consent of the people. “Nationality,” said Mill, “is desirable, as a
means to the attainment of liberty.” He contended that, “[w]here the senti-
ment of nationality exists in any force, there is a prima facie case for uniting
all the members of the nationality under the same government, and a gov-
ernment to themselves apart.” He regarded this as a straightforward appli-
cation of the basic liberal principle that “the question of government ought
to be decided by the governed.”
Also compatible with liberalism was the nationality school’s vision of a
peaceful and harmonious world. According to this thesis, a nation that suc-
ceeded in establishing itself as a state— that is, succeeded in uniting all of its
members into a single state— could have no motivation for further expan-
sion at the expense of other states or nationalities. It therefore held out the
delicious prospect of bringing international rivalry to a natural halt. Unfor-
tunately, the conditions required to make this dream come true were daunt-
ing. Somehow or other, the seemingly impossible feat of giving every nation-
state its collective heart’s desire would need to be achieved. But this could
happen only if every state in the world was somehow forced into a monoeth-
nic, mononational mold. How this was to be accomplished without a great
deal of confusion— and probably violence— was not very apparent.

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