The Equality of States in International Law

The Equality of States in International Law

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The Equality of States in International Law

The Equality of States in International Law

Read FREE!

Synopsis

A standard exposition of doctrines concerning the equality of states & analysis of those doctrines in the light of practice, as the author endeavored to ascertain the extent of & limitations upon equality at the end of World War I.

Excerpt

The author has attempted in this volume to present the equality of states as it appears in the theory of international law and also as it is affected by common usage. Theoretical aspects of the subject are considered in chapters dealing with the sources of the principle, its origin, and its significance in the writings of modern publicists and in illustrative documents. The opinion that Grotius first established the principle in international law is examined and evidence is adduced which indicates that the opinion is erroneous. The equality of states as affected by common usage is really their inequality or status. It involves the study of internal and external factors which limit the capacity of the state as an international person in a variety of ways. Attention has been given to certain features of the organic constitution of the state and also to certain external relationships with other states which are regarded as limitations upon international legal capacity. Political capacity has been viewed as a distinct problem and the limitations of which international relationships afford illustrations have received separate consideration.

Everything in the volume except the Supplementary Chapter was written during the World War and the manuscript was in the printer's hands before the Peace Conference assembled. The materials on the work of the Peace Conference which have since become available are considered in the Supplementary Chapter. This chapter is of necessity incomplete, but it is believed that the relevancy of the subject matter justifies its inclusion.

The investigation of an underlying legal principle is never an easy undertaking. It is peculiarly difficult in international law where so much is ill-defined and unsettled and where . . .

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