CHAPTER VII. CONVOY · ART. 61. Neutral vessels under national convoy are exempt from search. The commander of a convoy gives, in writing, at the request of the commander of a belligerent warship, all information as to the character of the vessels and their cargoes, which could be obtained by search. ART. 62. If the commander of the belligerent warship has reason to suspect that the confidence of the commander of the convoy has been abused, he communicates his suspicions to him. In such a case it is for the commander of the convoy alone to investigate the matter. He must record the result of such investigation in a report, of which a copy is handed to the officer of the warship. If, in the opinion of the commander of the convoy, the facts shown in the report justify the capture of one or more vessels, the protection of the convoy must be withdrawn from such vessels. CHAPTER VIII. RESISTANCE TO SEARCH ART. 63. Forcible resistance to the legitimate exercise of the right of stoppage, search, and capture, involves in all cases the condemnation of the vessel. The cargo is liable to the same treatment as the cargo of an enemy vessel. Goods belonging to the master or owner of the vessel are treated as enemy goods. CHAPTER IX. COMPENSATION ART. 64. If the capture of a vessel or of goods is not upheld by the prize court, or if the prize is released without any judgment being given, the parties interested have the right to compensation, unless there were good reasons for capturing the vessel or goods. FINAL PROVISIONS ART. 65. The provisions of the present declaration must be treated as a whole, and cannot be separated. ART. 66. The signatory Powers undertake to insure the mutual observance of the rules contained in the present declaration in any war in which all the belligerents are parties thereto. They will therefore issue the necessary instructions to their authorities and to their armed forces, and will take such measures as may be required in order to insure that it will be applied by their courts, and more particularly by their prize courts. ART. 67. The present declaration shall be ratified as soon as possible. The first deposit of ratifications shall be recorded in a protocol signed by the representatives of the Powers taking part therein, and by his Britannic Majesty's principal secretary of state for foreign affairs. The subsequent deposits of ratifications shall be made by means of a written notification addressed to the British government, and accompanied by the instrument of ratification. A duly certified copy of the protocol relating to the first deposit of ratifications, and of the notifications mentioned in the preceding paragraph, as well as of the instruments of ratification which accompany them, shall be immediately sent by the British government, through the diplomatic channel, to the signatory Powers. The said government shall, in the cases contemplated in the preceding paragraph, inform them at the same time of the date on which it received the notification. ART. 68. The present declaration shall take effect, in the case of the Powers which were parties to the first deposit of ratifications, sixty days after the date of the protocol recording such deposit, and, in the case of the Powers which shall ratify subsequently, sixty days after the notification of their ratification shall have been received by the British government. ART. 69. In the event of one of the signatory Powers wishing to denounce the present declaration, such denunciation can only be made to take effect at the end of a period of twelve years, beginning sixty days after the first deposit of ratifications, and, after that time, at the end of successive periods of six years, of which the first will begin at the end of the period of twelve years. Such denunciation must be notified in writing, at least one year in advance, to the British government, which shall inform all the other Powers. It will only operate in respect of the denouncing Power. ART. 70. The Powers represented at the London naval conference attach particular importance to the general recognition of the rules which they have adopted, and therefore express the hope that the Powers which were not represented there will accede to the present declaration. They request the British government to invite them to do so. A Power which desires to accede shall notify its intention in writing to the British government, and transmit simultaneously the act of accession, which will be deposited in the archives of the said government. The said government shall forthwith transmit to all the other Powers a duly certified copy of the notification, together with the act of accession, and communicate the date on which such notification was received. The accession takes effect sixty days after such date. In respect of all matters concerning this declaration, acceding Powers shall be on the same footing as the signatory Powers. ART. 71. The present declaration, which bears the date of the 26th February, 1909, may be signed in London up till the 30th June, 1909, by the plenipotentiaries of the Powers represented at the naval conference. In faith whereof the plenipotentiaries have signed the present declaration, and have thereto affixed their seals. Done at London, the twenty-sixth day of February, one thousand nine hundred and nine, in a single original, which shall remain deposited in the archives of the British government, and of which duly certified copies shall be sent through the diplomatic channel to the Powers represented at the naval conference. [Names follow] A much stronger case for the world judiciary exists in fact than appears from the official record of what has been accomplished. The principle of a regular court of justice for all the nations was formally approved by the second peace conference at The Hague, but it was found impossible to reach an agreement regarding the method of securing the judges. Therefore the establishment of such a court, apart from war, does not appear in the conventions adopted by that conference, although the larger nations were in agreement and it was the smaller ones, fearful of conceding too much for their welfare, which prevented the success of the effort at that time. But the movement has advanced since then. On October 18, 1909, Secretary of State Knox, at Washington, sent to the Powers an identic note, suggesting an extension of the jurisdiction of the international prize court so as to include cases of difference between nations other than those growing out of war. The matter rests, as far as its official status is concerned, at the time of publication, with the receipt of many encouraging replies. But there is no doubt that the world judiciary is in vital process of evolution, and its development to a stage of efficiency seems to be near. CHAPTER XXI THE WORLD EXECUTIVE If the political organization of all the world were an act consummated at a particular time, or within a brief and well-defined period, like the formation of the Constitution of the United States of North America and its ratification by the several states whose delegates had made it, then all the departments would begin existence simultaneously in definite form. The legislative, the executive, and the judicial departments would begin action together, and the wheels of governmental machinery would go around in every nation of the earth in harmony. But the nations are coming into the unity of political organization in a different way. It has already been shown how the world legislature is on its way into fully developed being; the sprouting of the germ of the world judiciary has become a historical fact, already noticed. It is pertinent here to show, for the benefit of those who may not have turned their attention to the wonderful movement of modern times toward the political unity of all the nations, that the world executive department is already in progress of development. In the author's little book entitled "World Organization," in the chapter on The World Constitution, and other chapters severally upon the legislative, the executive, and the judicial departments, the whole matter is treated in detail as a political proposition and as a historic development. For the purposes of this book, for the rounding out of the scheme of a unit of political organization, for the information of those who are not familiar with the previous work, it seems best to give here sufficient to show that the world executive is already here, has come to stay, and is on the way upward to a stronger and clearer existence in the international life of the nations. At present the germs for there are more than one are so feeble as to attract little notice. But several offices already exist, whose incumbents have specified executive duties assigned to them by the will of the nations which participated in international conferences, of such high rank that their acts are to be regarded as acts of world legislation. These offices, therefore, are in reality a part of an executive department of the world, and the officials are true world executive officials. First in importance of these is the permanent secretary of the Universal Postal Union, who has a regular office in Berne, Switzerland. Compared with the possible development of the world chief executive, following the analogy of the chief executive of the union. of the states of North America, of Switzerland, or other national federations, this office is very humble; but its inconspicuous function does not at all change its nature as an executive office, serving all the world and subject to the will of the world as expressed by delegates of the nations assembled in official conference. Again, a germ of the world executive is found in the international committee on weights and measures, an executive board always in existence, with an agent who is director of the international bureau of weights and measures. This was established by a convention which was agreed to May 20 by seventeen of the nineteen nations which met in the diplomatic metrical conference in Paris in 1875. Executive functions are characteristic of the Hague court of arbitration. An executive department of the court is the permanent administrative council, which has true world executive duties to perform. It is "charged with the establishment and organization of the international bureau, which shall remain under its direction and control. ... It shall decide all administrative questions which may arise relating to the working of the court." Subordinate to this permanent administrative council is the international bureau. It is given, formally, the rank of a clerk's office in connection with the court. Here, then, are several phases of executive power in connection with the court, all of them established by the will of the adhering Powers, which may rightly be called world legislation. By the international sanitary conference of 1881 there were established at Vienna and Havana respectively permanent international sanitary agencies of notification, and the right was specified to establish a third in Asia. The conference also established a temporary scientific sanitary commission. All of these bodies were truly executive in nature, subject and responsible not to any one Power, but only to the high contracting Powers acting as one world Power. By the convention of March 20, 1883, for the protection of industrial property, an international bureau was established, whose cost |