The Sanction of International Law; Presidential Address Before the Second Annual Meeting of the American Society of International Law, 1908 ..

Cover The Sanction of International Law; Presidential Address Before the Second Annual Meeting of the American Society of International Law, 1908 ..
The Sanction of International Law; Presidential Address Before the Second Annual Meeting of the American Society of International Law, 1908 ..
Root, Elihu, 1845-1937
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In only rare, exceptional and peculiar cases, do the conclusions of the international lawyer, however clearly derayn- strated, have behind them the compulsory effect of possible war. In the vast majority of practical ques- tions arising under the rules of international law there does not appear on the surface to be any reason why either party should abandon its own contention or yield against its own interest to the arguments of the other side. The action of each party in yielding or refusing t...o yield to the arguments of the other appears to be entirely dependent upon its own will and pleasure.
This apparent absence of sanction for the enforcement of the rules of international law has led great authority to deny that those rules are entitled to be called law at all; and this apparent hopelessness of finality car- ries to the mind, which limits its consideration to the procedure in each particular case, a certain sense of futility of argument.
Nevertheless, all the foreign offices of the civilized world are continually discussing with each other ques- tions of iDtcrnationali law^ both public and private, cheerfully and hopefully marshaling facts, furnishing evidence, presenting arguments and building up rec- ords, designed to showthat the rules of international law require such and such things to be done or such and such things to be left uadone.


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