thus some countries apply to movable property the status personnel, that is, the law in force in the place to which the owner belongs; whilst others apply to it the law of the place of his present domicile, or by a juridical fiction the place in which they are deemed to exist.

"For what concerns acts, though the rule locus regit actum operates as regards their external form, great uncertainty exists as to what the law is which governs their substance.

Lastly, as regards immovable successions, we are in the presence of two systems: whether to regulate successions according to the law of the country where the immovables are, in virtue of another juridical fiction, tot hæreditates quo territoria; or to consider the right of succession as an emanation of the right of property, combined with the right of family, and submit consequently without distinction both movable and immovable succession to that same law, viz. the national law of the deceased, saving the exceptions and prohibitions which may exist in the law of public order of the territory where the immovables are situated, as in the case where these laws prohibit the creation of fidei commis and mainmorte, etc.

"IV. The new Italian Code in its preliminary disposition has, it is true, substituted for traditionmore or less arbitrary and elastic-some fixed rules. drawn up by myself in my position as reporter of the

under commission charged with this work.

Bu* these rules are only obligatory on the Italian magistracy, and it is clear that they cannot remove or diminish the inconvenience and danger of the present abnormal state of things, except by stipulating with different countries one or more conventions to regulate specially this point, and to determine by an accord more or less uniform, some precise rules which may render the application to persons, things, and foreign acts of one or other of the legislation in conflict.

"Some of these rules might be drawn from books and reports of jurisprudence; and some are found in special conventions, such as the abolition of the right of aubain, the form of acts and testaments, hypothec, and execution of foreign judgments. But the advantage of these accords, where they do exist, even though they do not constitute a rational and complete system, shows the benefits that would result from conventions regulating and protecting the private interests of international society. These rules, established on principles of justice, will give to the citizens of the contracting States the largest enjoyment of these benefits, and not allow cases to be decided from considerations more or less accidental.

In a further memorandum, dated September, 1882, Sig. Mancini adds: "Whilst respecting the independence of the legislative action of each country, and leaving to each legislature the care of granting to foreigners whatever treatment it may judge proper,

what is required is to agree on the mode of arriving at a uniform solution of matters beyond the province of national legislation. The question is of a character eminently international; it is not within the competence of any State in particular to settle; it belongs to the collective competency of such States as may desire to secure for the rights of their respective subjects due guarantee and protection. The formula is this: To determine, in cases where the legislation of different States is conflicting, what law shall be applicable on the persons, property, or acts of aliens ; to decide what shall be governed by national law, what by the law of the place of domicile, or what by the law of the place where the property is situated, or by the law of the place where the act was done.*

*"Négociations diplomatiques du Gouvernement Italien avec les differentes puissances relativement à la fixation par traité de certaine règles du droit international privé et à l'execution des jugements étrangers" (Journal du Droit International Privé (Paris, 1886), om. xiii. p. 1-11). See Documenti Diplomatici presentate alla Camera Dei Deputati, e Negoziati del Governo Italiano e convocazione di una Conferenza Diplomatica in Roma, 1885.

CHAPTER XXIII.

MEANS FOR THE PREVENTION OF WAR.

SECTION I.-GOOD OFFICES AND MEDIATION.

399. A RESORT to war may be prevented(1) By asking or accepting a third Power's good offices, with a view of conciliating the dispute;

(2) By proposing or accepting the mediation of a third Power, and receiving at its hands proposals of settlement, retaining the power of accepting or rejecting the

same; or

(3) By leaving the dispute to arbitration.

400. By the offer of good offices the contending parties are brought to consider reasonably terms of conciliation, but the effect is not binding.

401. In the case of mediation the mediating Power is not a judge, but a friendly reconciler, and its intervention need not arrest preparations for war, and may not prevent ultimate resort to it.

402. At the Paris Congress of 1856, the Powers represented expressed a wish, in the name of their Governments, that States, between which any serious understanding might arise, should, before appealing to arms, have recourse, as far as circumstances might allow, to the good offices of a friendly Power.

403. And in the General Treaty of Peace (Art. VIII.) a clause was inserted to the effect that if there should arise between the Sublime Porte and one or more of the signing Powers any misunderstanding which might endanger the maintenance of their relations, the Sublime Porte, and each of such Powers, before having recourse to the use of force, shall afford the other contracting parties the opportunity of preventing such an extremity by means of their mediation.