Leading Cases on International Law

Leading Cases on International Law

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Leading Cases on International Law

Leading Cases on International Law

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Excerpt

In acceding to the request of my publishers to prepare a new and enlarged edition of my collection of cases on international law, I have utilized the opportunity to introduce some topics which were not included in the first edition as well as to treat the several subjects with greater fulness than was there possible. While all the cases which make up the body of the collection are taken from English-speaking jurisdictions, they represent considerable variety in point of view since they include decisions from the highest courts of Massachusetts, New York and New Jersey, the several inferior Federal courts, the Court of Claims and the Supreme Court of the United States, while the far-flung empire of our British kinsmen is represented by decisions of the Judicial Committee of the Privy Council, the House of Lords, the High Court of Justice, the High Court of Admiralty, the High Court of Justiciary and the Court of Session of Scotland, as well as by the decisions of courts sitting in Egypt, South Africa and Hong-Kong. All the cases, 102 in number, which were in the first edition have been retained, and 46 have been added. The present collection therefore comprises 148 cases, of which 83 were decided in British courts and 65 in American courts. The slight preponderance of British cases is largely accounted for by the great number of decisions made by British courts on questions of prize law during the Great War.

In making a collection of cases on international law, especially so soon after a conflict in which one's own country was engaged, the temptation is strong to emphasize the controversies which arose in the midst of the conflict and to give undue weight to the law of war. This temptation is all the greater when one has at his disposition the opinions of such judges as Sir Samuel Evans, who was President of the British Prize Court from the beginning of the Great War until his death September 13, 1918, of Lord Parker of Waddington, Lord Finlay and Lord Sumner. I have tried to bear in mind however that the normal relation . . .

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