Recommendations on International Law and Official Commentary Thereon of the Second Pan American Scientific Congress: Held in Washington December 27, 1915-January 8, 1916

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Oxford University Press, American Branch, 1916 - 53 páginas
 

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Página 33 - For this purpose, where there is no treaty, and no controlling executive or legislative act or judicial decision, resort must be had to the customs and usages of civilized nations...
Página 49 - VI. International law is at one and the same time both national and international: national in the sense that it is the law of the land and applicable as such to the decision of all questions involving its principles; international in the sense that it is the law of the society of nations and applicable as such to all questions between and among the members of the society of nations involving its principles.
Página 48 - A nation would justly be considered as violating its faith, although that faith might not be expressly plighted, which should suddenly and without previous notice, exercise its territorial powers in a manner not consonant to the usages and received obligations of the civilized world.
Página 49 - Every nation, on being received, at her own request, into the circle of civilized governments, must understand that she not only attains rights of sovereignty and the dignity of national character, but that she binds herself also to the strict and faithful observance of all th.ose principles, laws, and usages which have obtained currency among civilized states, and which have for their object the mitigation of the miseries of war.
Página 48 - The jurisdiction of the nation within its own territory is necessarily exclusive and absolute. It is susceptible of no limitation not imposed by itself. Any restriction upon it, deriving validity from an external source, would imply a diminution of its sovereignty to the extent of the restriction, and an investment of that sovereignty to the same extent in that power which could impose such restriction.
Página 17 - The Second Pan American Scientific Congress recommends, in order to increase the study of international law, to popularize its just principles, and to secure its observance and application in the mutual relations of the Americas, that steps be taken to improve and to enlarge library and reference facilities : (a) By preparing and publishing a bibliography of international law and related subjects, furnishing the names of publishers and prices so far as these are obtainable, with special reference...
Página 31 - ... be made the occasion for a universal peace propaganda. The interest of students and their enthusiasm for the subject can best be aroused by impressing upon them the evolutionary character of the rules of international law. Through such a...
Página 48 - No principle of general law is more universally acknowledged, than the perfect equality of nations. Russia and Geneva have equal rights. It results from this equality, that no one can rightfully impose a rule on another. Each legislates for itself, but its legislation can operate on itself alone.
Página 11 - The marshalling of such facts in such a way as to develop or illustrate general principles lends a dignity to the subject which can not help but have a stimulating influence. Hence, international law should be constantly illustrated from those sources which are recognized as ultimate authority, such as : (a) cases, both of judicial and arbitral determination...
Página 46 - Every nation has the right to exist, and to protect and to conserve its existence; but this right neither implies the right nor justifies the act of the state to protect itself or to conserve its existence by the commission of unlawful acts against innocent and unoffending states. II. Every nation has the right to independence in the sense that, it has a right to the pursuit of happiness and is free to develop itself without interference or control from other states, provided that in so doing it...

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