The American Conference on International Arbitration Held in Washington, D. C. April 22 and 23, 1896

The American Conference on International Arbitration Held in Washington, D. C. April 22 and 23, 1896

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This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1896 edition. Excerpt: ...success in this lesser realm will, by its example, ultimately bring all Christendom within the dominating influence of the same principles. What then may be hoped for, in the relations between Great Britain and the United States? Both nations agree, substantially, that there is a jus inter gentes though there be no lex, in the form of an international code. This is a point, still denied by some. But the denial rests upon a confusion of ideas. Because there is, for nations, no common law, no common judge, no common executive, some have said that there is no law of nations. There is, indeed, no lex, but there is jus. Jus is the abstract idea of justice and right, of which lex is the imperfect expression. Jus is the objective right, as God sees it. Lex is the subjective right as man sees it. Jus is the law of God, of which lex is the human statement. Jus is jus, right is right, duty is duty, though no lex recognizes it, and nations defy it. Hence this jus is always the same, and of binding obligation on all nations, though not made lex by them nor sanctioned by their courts. "Jtt-S inter gentes is the law of God, plus positive compact or convention," says Lord Stowell. " Reason and justice, which constitute the unwritten law of nations, are made fixed and stable by judicial decisions," says the great ChiefJustice; and he continues, " Besides, there is a conventional law of nations." Thus Stowell and Marshall, stars of the first magnitude in the firmament of Anglo-American jurisprudence, give full jural force to the jus inter gentes, as founded primarily on the law of God; and founded, by consequence, on justice, equity, and right reason, made fixed and stable by convention and the judicial expositions of those courts which administer universal, not...
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Product details

  • Paperback | 88 pages
  • 189 x 246 x 5mm | 172g
  • Miami Fl, United States
  • English
  • black & white illustrations
  • 1236668065
  • 9781236668066