The Essentials of International Public Law and Organization

By Amos S. Hershey | Go to book overview

"If any such acts are committed the injured party is entitled to compensation, the responsibility resting either on those who did the acts or on their own governments."63

"Unless otherwise stipulated, conditions remain conformably to the principle of uti possidetis,"i.e. the state of possession existing at the end of the war. But "where the principle of uti possidetis is not stipulated or implied, that of the status quo ante bellum applies," i.e. the state of possession as it was before the war.64


BIBLIOGPAPHY

Treaties. -- Amos, Remedies for War ( 1880), 173-88; 12 Annuaire ( 1892), 226-57; Bergbohm, Staatsverträge als Quellen des Völkerrechts ( 1876); * Bernard, "Obligation of Treaties", in Lectures on Diplomacy ( 1868), Lect. IV; Bigelow, Breaches of Anglo-American Treaties ( 1917); Bluntschli, Arts. 402-61; Bonfils or * 1 (3 Pt.) Fauchille (see pp. 289-91 for references), Nos. 816_929: Bulmerincq, in 1 Marquardsen, Ilandbuch, §§ 53-64; Bry, Nos. 283-340; 3 Calvo, §§ 1567-1669; 1 Cobbett, 327-47; * Crandall, Treaties; Davis, ch. 8; Despagnet, Nos. 443-74; Fenwick, ch. 20; 2 Fiore, Nos. 976-1095, and Int. Law Cod. ( 1918), Nos. 744-927; * Foster, Practice of Diplomacy ( 1911), chs. 12-16; Funck-Brentano et Sorel, chs. 7-9; Geffcken and Gessner, in 3 Holtzendorff, 5-139; Grotius, lib. II, cc. 15-16; * Hall, Pt. II, ch. 10; 1 Halleck ( 3d ed.), 275-324; Heffter, §§ 81-99; * 2 Hyde, §§ 489-551; Jellinek, Staatenverträge ( 1880), Shaatenverbindungen ( 1882), 100-13, and 1 Das Recht des modernen Staats ( 2d ed., 1905), see index; Klüber ( Ott's 2d ed., 1874), §§ 141-65; Lawrence, §§ 132-34, and Essays on Int. Law ( 1885), §§ 89-162; Liszt, §§ 31-32; 2 J. de Louter, §§ 24-30; 1 F. de Martens, §§ 102-

____________________
63
Phillipson, op. cit.,216. "For example, territory occupied in such circumstances must be immediately evacuated. . ., contributions collected must at once be repaid, persons taken as prisoners must be set free again, ships captured must be released, and so on."

In support of these sound views, Phillipson cites the interesting cases of The Mentor ( 1799), 1 C. Rob.179, 182-83; and The John ( 1818), 2 Dodson 336.

64
Ibid.,221 and 222. "The uti possidetis clause is nowadays unusual in peace treaties, if not obsolete. In its stead, the practice is adopted of stipulating the cession of certain territory demanded by one State or the other as a result of successful invasion or successful prosecution of the war in general, all other invaded territory being restored.

On Treaties of Peace, see: * Baker and McKernan, Laws of Warfare ( 1919), 679-767 (for citations from the authorities); Bower, in 3 Grotius Soc. ( 1918), 1-21; 1 Halleck, ch. 9; * 2 Oppenheim, §§ 266-78; Phillimore, Three Centuries of Treaties of Peace ( 1919); and * Phillipson, Termination of War and Treaties of Peace ( 1916), passim. For further references, see 2 Oppenheim, pp. 361, 366, and 371 of 3d ed.

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