Intervention a Problem of International Guardianship

Abstract

IN this question of intervention what confronts us is fundamentally a problem of guardian and ward. In a newer and larger sphere-relations between States-we are considering the same perplexing question which, between individuals, was solved hundreds of years ago. We are dealing with immature, undeveloped and unprotected communities-the minors and orphans of international society. But while in both international and national relations we have the same problem, we have developed in the international field no law to meet it. For the protection of the international weakling there is no law of guardianship, and in fact there is very little law at all. Just imagine the bitterness, the injustice and chaos which would result if, in affairs between man and man, the law in this matter were as defective as it is today between nation and nation! Suppose that an orphan child of ten possessed much valuable property, but little wisdom as to how to manage it. This child owes considerable money to a powerful neighbor. He proves to be so unruly, quarrelsome and so utterly unable to control himself or his property, that his rich neighbor, worried over the child's condition and the security of his own interests, voluntarily steps in and takes over the administration of the child's affairs. He undertakes to manage the child's receipts and expenses, and induces the latter to borrow more money from him. Now this rich neighbor is bound by no law of guardianship. There is no court to review his stewardship and to hold him to the high duties of trusteeship. The only law available-which, by the way, the rich neighbor interprets for himself-is that he may not intervene in the child's affairs except in case of imminent necessity! Who would be without worry as to the welfare of this child? There are