An International Court of Justice Letter And Memorandum of January 12 1914 to
An International Court of Justice Letter And Memorandum of January 12 1914 to
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In the next place, if there is no such treaty or convention, the court is to apply the rules of international law; but it frequently happens that a rule of law is claimed by one nation or group of nations to exist and to be controlling, whereas another nation or group of nations maintains with equal earnestness that a different rule of law exists and applies. As an example of this, the difference of opinion concerning the law of blockade may be cited. Continental practice differs in certain imp...ortant particulars from Anglo- American practice, and the advocates of each theory maintain that their conceptions are in accordance with international law. Now, if the Prize Court, when established, were called upon to decide a ques- tion involving blockade, it is evident that the court would be forced to adopt one or the other contention, for, as they are inconsistent, both could not be adopted. The difficulty is not remedied by the statement that if no generally recognized rule exists, the court shall judge ac- cording to the general principles of justice and equity, because the con- tending nations have their own views as to justice and equity, and they might and probably would be unwilling to allow the tribunal to de- cide these questions for them, as they might be considered by the powers as of vital importance.
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To quickly assess the difficulty of the text, read a short excerpt:
In the next place, if there is no such treaty or convention, the court is to apply the rules of international law; but it frequently happens that a rule of law is claimed by one nation or group of nations to exist and to be controlling, whereas another nation or group of nations maintains with equal earnestness that a different rule of law exists and applies. As an example of this, the difference of opinion concerning the law of blockade may be cited. Continental practice differs in certain imp...ortant particulars from Anglo- American practice, and the advocates of each theory maintain that their conceptions are in accordance with international law. Now, if the Prize Court, when established, were called upon to decide a ques- tion involving blockade, it is evident that the court would be forced to adopt one or the other contention, for, as they are inconsistent, both could not be adopted. The difficulty is not remedied by the statement that if no generally recognized rule exists, the court shall judge ac- cording to the general principles of justice and equity, because the con- tending nations have their own views as to justice and equity, and they might and probably would be unwilling to allow the tribunal to de- cide these questions for them, as they might be considered by the powers as of vital importance.
What to read after An International Court of Justice Letter And Memorandum of January 12 1914 to?
You can find similar books in the "Read Also" column, or choose other free books by James Brown Scott to read onlineMoreLess
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