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International Law: Part I, Peace. E-book. Formato PDF John Westlake - Forgotten Books, 2017 -
The aim has been to give a knowledge of the most important topics to English university students and average Englishmen interested in public affairs, neither of them a class which can devote very much time to a single science, and to put them in a position to appreciate the discussions on other topics as they arise in the foreign affairs of the country.We have not attempted a deductive treatment. Such a treatment might start from state sovereignty or from the assertion of certain rights as inherent in a state, but it would lead in many cases to the admission of clashing sovereignties or rights, that is to no result, unless the starting-points were defined with a precision only attainable by embodying the conclusions in them. International sovereignty and rights are the growth of recent centuries, and the very object of our science is to ascertain the point at which they now stand. Some of the earlier stages of that growth were assisted by theories of a law of nature and nations, of which what is good survives under the name of justice, a ground more solid but less capable of being systematized, while the attempt to transfer wholesale to associations what is true of natural individuals was bound to fail.We have not treated ex professo of the history of international law, though much of it appears in the discussion of particular topics.
International Law: War. E-book. Formato PDF John Westlake - Forgotten Books, 2017 -
Among the causes which have retarded this sequel to the volume of 1904 - International Impart, Peace - the two principal have been, first, the necessity of bringing out a new edition of my Private International Law, and secondly, the imminence of a second Hague Conference, certain to produce important discussions and likely to produce notable amendments of the laws of war. Although the Conference is still sitting while I write, it is now possible to give an account of its work on the laws of war. Obligatory arbitration, a permanent court of arbitration, the Drago doctrine and the limitation of armaments belong to the laws of peace.Time was gained by printing, before the meeting of the Conference, most of what it was desired to save on the law as it stood, a little however being reserved for treatment in connection with the Conference. In consequence it will be necessary, in order to obtain a complete view of many subjects, to refer as well to the last chapter, in which the proceedings at the League are dealt with, as to the former portions of the volume. Perhaps however the balance of convenience is on the side of keeping the old law distinct from discussions and amendments the full effect of which, and even to some extent their general acceptance, time will be required to appreciate.In reviewing the laws of war for the purpose of this volume, I have been more than ever struck with the differences which exist as to their principles.