"Arbitration" as a Term of International Law

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Allen, Lane and Scott, 1920 - Arbitration (International law) - 76 pages
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Page 17 - justice of appropriate jurisdiction, as often as questions of right depending upon it are duly presented for their determination. For this purpose, where there is no treaty, and no controlling executive or legislative act or judicial decisions, resort must be had to the customs and usages of civilized nations;
Page 42 - We all know that the rule of law on this subject is 'terrae dominium finitur, ubi finitur armorum vis,' and since the introduction of fire-arms, that distance has usually been recognized to be about three miles from the shore.
Page 32 - of what are called political treaties, which are nothing else than the temporary expression of fortuitous and transitory relations between the different national forces. . These treaties bind the freedom of action of the parties so long as the political conditions which produced them remain without change. When these
Page 34 - Nevertheless, mediation is merely a diplomatic function and offers nothing new. "Arbitration, on the contrary, represents a principle as yet only occasionally acted upon, namely, the application of law and of judicial methods to the determination of disputes between nations. Its object is to displace war between nations as a means of obtaining national redress, by the judgments of international judicial tribunals;
Page 16 - International Law is part of our Law, and must be ascertained and administered by the courts of
Page 29 - The essential point is that the arbitrators are required to decide the difference—that is, to pronounce sentence on the question of right. To propose a compromise, or to recommend what they think best to be done, in the sense in which best is distinguished from most just, is not within their province, but is the province of a mediator.
Page 16 - not as a lawyer merely delivering an opinion, but as a witness asserting the fact—the fact that such is the existing practice of modern Europe.
Page 4 - due to a failure to realize that the word Arbitration has come to have different meanings according as it is used in Municipal Law on the one hand and International Law on the other. It
Page 58 - and consent of Haigh, if he was owner; then the complete surrender of the vessel to the use and control of such enemies, without even the pretence of want of knowledge, by the alleged owner, of her destined and actual employment.

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