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Discussion led by Pitman B. Potter

Published online by Cambridge University Press:  27 February 2017

Abstract

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Type
Third Session
Copyright
Copyright © American Society of International Law 1931

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References

1 Third Assembly, Fourth Committee, 14 IX 1922.

2 Fifth Assembly, Fourth Committee, 17 IX 1924.

3 Sixth Assembly, Fourth Committee, 18 IX 1925.

4 Perhaps it would be more accurate to speak of “the first twenty-three items in the series of judgments of the court,” for among the items in the series of judgments as numbered and published by the court are several (Nos. 8, 12, etc.) which consist of orders of the court rather than judgments proper. On the other hand, it would be most misleading to confine attention merely to the judgments proper, in view of the importance of the questions dealt with by orders of the court, their contested character, etc. The term judgment is used in the present paper, therefore, to refer to items in the series of judgments as numbered and published by the court.

5 There are at issue here two types of citation: first, the citation of a document in support of a conclusion of legal fact or of law, and, second, the reference to a document without reliance upon it or even to set it aside as inapplicable. In the discussion which follows it is the citation of the former type which is significant, though references of the second type, especially refusals to apply a document, may be important also.

6 It may be added that general principles of law or principles of general law were mentioned practically not at all in the texts of the judgments (and opinions also, for that matter); as to how far they operated in the minds of the judges of the court is another matter.

7 See note 4 above.

1 For the text of the resolution referred to, see infra, p. 226.

1 See American Journal Of International Law, Vol. 21, pp. 3-4.