Proceedings of ... National Conference, American Society for Judicial Settlement of Inter National Disputes, Volume 5
Williams and Wilkins., 1916 - Arbitration (International law)
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Page 34 - If a question of law to be decided is covered by a treaty in force between the belligerent captor and a Power which is itself, or whose subject or citizen is, a party to the proceedings, the court is governed by the provisions of the said treaty. In the absence of such provisions the court shall apply the rules of international law. If no generally recognized rule exists, the court shall give judgment in accordance with the general principles of justice and equity.
Page 37 - Powers strangers to the dispute should, on their own initiative and as far as circumstances may allow, offer their good offices or mediation to the States at variance. "Powers strangers to the dispute have the right to offer good offices or mediation even during the course of hostilities. "The exercise of this right can never be regarded by either of the parties in dispute as an unfriendly act.
Page 57 - His Britannic Majesty acknowledges the said United States, viz.: New Hampshire, Massachusetts Bay, Rhode Island and Providence Plantations, Connecticut, New York, New Jersey, Pennsylvania, Delaware, Maryland, Virginia, North Carolina, South Carolina and Georgia, to be FREE, SOVEREIGN, AND INDEPENDENT STATES...
Page 27 - The incidents of the great war now raging affect so seriously the very foundations of international law that there is for the moment but little satisfaction to the student of that science in discussing specific rules. Whether or not Sir Edward Carson went too far in his recent assertion that the law of nations has been destroyed, it is manifest that the structure has been rudely shaken. The barriers that statesmen and jurists have been constructing laboriously for three centuries to limit and direct...
Page 37 - Independently of this recourse, the Contracting Powers deem it expedient and desirable that one or more Powers, strangers to the dispute, should, on their own initiative and as far as circumstances may allow, offer their good offices or mediation to the States at variance.
Page 38 - If the law of nations is to be binding, if the decisions of tribunals charged with the application of that law to international controversies are to be respected, there must be a change in theory, and violations of the law of such a character as to threaten the peace and order of the community of nations must be deemed to be a violation of the right of every civilized nation to have the law maintained and a legal injury to every nation.
Page 39 - ... really be strangers to a dispute as to whether the law which is applicable to the circumstances shall be observed or violated. Next to the preservation of national character, the most valuable possession of all peaceable nations, great and small, is the protection of those laws which constrain other nations to conduct based upon principles of justice and humanity. Without that protection there is no safety for the small state except in the shifting currents of policy among its great neighbors,...
Page 55 - All justiciable questions arising between the signatory Powers, not settled by negotiation, shall, subject to the limitations of treaties, be submitted to a judicial tribunal for hearing and judgment, both upon the merits and upon any issue as to its jurisdiction of the question.
Page 28 - ... consideration of a system of law under which no conventional obligations are recognized. The particular treaty which was thus set aside was declaratory of the general rule of international law respecting the inviolability of neutral territory ; and the action which ignored the treaty also avowedly violated the rule of law, and the defense is that for such a violation of the law the present interest of a sovereign state is justification. It is plain that the application of such a principle to...
Page 56 - Animated by a strong desire to concert for the maintenance of the general peace ; Resolved to second by their best efforts the friendly settlement of international disputes ; Recognizing the solidarity which unites the members of the society of civilized nations ; Desirous of extending the empire of law, and of strengthening the appreciation of international justice...