Tagore Law Lectures 1922. Recent Developments in International Law

Side by side with the progress of codification in the sense in which the term is here used has gone the develoment of agencies and processes for the peaceable settlement of international controversies the ultimate object of which is"PREFACE iX the substitution of a system of law and justice in the place of force and violence as the basis of international conduct. [...] The effect of the covenant has been to alter some of the fundamental bases on which international law has heretofore rested to establish new conceptions of international duty to shift the emphasis more and more from the rights of states to their obligations and responsibilities and to exalt the idga of interdependence and solidarity at the expense of nationalism and independence. [...] During the last half-century the controversies that have raged the discussion that they have provoked the solutions that have been sought the efforts that have been put forth to improve the law and the conventions that have been formlated have been confined in the main to the part of the law which deals with the conduct and relations of states in time of war. [...] As to the value of text writers in the United States as authorities see the opinion of the Supreme Court in the case of the Paqutite Habana where it was said they were resorted to as " evidence " of the customs and usages of civilized nations not for the speculations concerning what the law ought to he. [...] This is the case in respect to such questions as the acquisition and loss of nationality theories of jurisdiction the test of enemy character for purposes of capture and intercourse the legal effects of the outbreak of war bellgprency and insurgency the extradition of nationals the status of merchantmen in foreign ports commercial intercourse with the enemy certain matters relating to bl