The American Institute of International Law; Its Declaration of the Rights and Duties of Nations

The American Institute of International Law; Its Declaration of the Rights and Duties of Nations

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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. 1916 edition. Excerpt: ...sovereignty, to the same extent, in that power which could impose such restriction. All exceptions, therefore, to the full and complete power of a nation, within its own territories, must be traced up to the consent of the nation itself. They can flow from no other legitimate source. The great Chief Justice, however, recognized that summum jus is often sumtna injuria, and he therefore qualified the extreme right by the existence of a duty. Thus: 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. 17 Cranch's Reports, pp. 116, 136-7. This duty he bases upon the common interest of equal and independent nations. Thus: This perfect equality and absolute independence of sovereigns, and this common interest impelling them to mutual intercourse, and an interchange of good offices with each other, have given rise to a class of cases in which every sovereign is understood to waive the exercise of a part of that complete exclusive territorial jurisdiction, which has been stated to be the attribute of every nation. I have frequently remarked that rights would be worthless things if they did not carry with them the duty of observance. This principle is fundamental because, without it, the rights which I have enumerated might exist in theory, but they could not exist in fact. We 90uld establish by argument the right to enjoyment and the duty of observance; but fortunately we do not need to do so, as the Supreme Court of the United States has anticipated our needs and has supplied us with the authority, going even further than more

Product details

  • Paperback | 42 pages
  • 189 x 246 x 2mm | 95g
  • Miami Fl, United States
  • English
  • black & white illustrations
  • 1236679792
  • 9781236679796