Proceedings of the American Society of International Law At Its ..., volume 7

Cover Proceedings of the American Society of International Law At Its ..., volume 7
Proceedings of the American Society of International Law At Its ..., volume 7
American Society of International Law
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But if no injury has been inflicted the whole question is still open — assuming the interpretation to be inimical to its interests, perhaps the defendant nation will claim the right to abrogate the treaty, and, therefore, a political question will be presented. But does it neces- sarily follow that the question is not justiciable? If all other elements of a justiciable action are present, does the fact that there is as yet no actual injury, and that the question is in a sense political, prevent... an arbitral case from arising? No reason is perceived why it should, and, in answering this question, the reason for the growing recog- nition of cases for obligatory arbitration should be considered.
The opinion of organized society is rapidly reaching the point where it recognizes not only the wickedness, but the inadequacy, of war as a means of settling international disputes, and it is ready to accept such principles of international law to govern international conduct as will avoid that method of settling disputes in future.


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