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The Doctrine of the Equality of Nations in International Law and the Relation of the Doctrine to the Treaty of Versailles

Published online by Cambridge University Press:  04 May 2017

S. W. Armstrong
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Extract

The Hague Conference of 1907 had for one of its objects the formation of an international court of justice, the decisions of which were to systematize international law and resolve its inconsistencies. Such an international court, the “Court of Arbitral Justice,” was approved in principle by the Conference, but failed to be established because the Conference was unable to agree on the composition of the court.

Type
Research Article
Information
American Journal of International Law , Volume 14 , Issue 4 , October 1920 , pp. 540 - 564
Copyright
Copyright © American Society of International Law 1920

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References

1 Scott, The Status of the International Court of Justice, pp. 38–39, 73–74.

2 Scott, The Status of the International Court of Justice, p. 65.

3 Hershey, The Essentials of International Public Law, p. 58. In the quotations throughout the article, the italics are those of the author.

4 Vattel, The Law of Nations, Vol. III , p. 7 (Carnegie Institution ed.).

5 Phillimore, Commentaries upon International Law, 3d ed., V. I, pp. 216–217, V. II , pp. 45–46.

6 Twiss, The Law of Nations Considered as Independent Political Communities, 2d ed., V. I, pp. 11–12.

7 Wheaton, Elements of International Law, pp. 49, 247 (3d English ed.).

8 Hall, A Treatise on International Law, 4th ed., pp. 1–5.

9 Hall, A Treatise on International Law, 4th ed., p. 14.

10 Ibid., p. 174.

11 Ibid., p. 300.

12 Oppenheim, International Law, 2d ed., V. I, pp. 20, 168–171.

13 Westlake, International Law, 2d ed., V. I, pp. 321–322.

14 Lawrence, The Principles of International Law, 6th ed., pp. 268–289.

15 Lorimer, The Institutes of the Law of Nations, V. I, p. 44.

16 Ibid., V. II, p. 193.

17 Ibid, V. I, p. 171.

18 Lorimer, The Institutes of the Law of Nations, V. II, p. 260, note.

19 Ibid.

20 Cf. Hall, p. 14.

21 Evans, Leading Case on International Law, p. 6.

22 Scott, The Hague Peace Conferences, p. 90, from Art. 8 of the rules of Procedure of the Conference.

23 Hershey, p. 332 from I Hague Conference (1899), Art. 44.

24 Supra, p. 546.

25 In this summary, I have omitted the economic implication of the doctrine of equality because, although necessary, it has not, so far as I know, been explicitly defined.

26 Conditions of Peace, Art. 4, Extract from Congressional Record, 66th Cong., 1st sess., June 9, 1919.

27 Conditions of Peace, Art. 3.

28 Ibid., Art. 15.

29 Ibid., Art. 4.

30 Ibid., Art. 15.

31 Conditions of Peace, Art. 393.

32 Supra., p. 552.

33 Westlake, V. I, p. 322.