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What Parts of International Law May be Codified?

Published online by Cambridge University Press:  04 May 2017

William Ledyard Rodgers*
Affiliation:
U. S. Navy

Extract

The discussions on the subject of the codification of international law at the 1926 annual meeting of the American Society of International Law made clear once more that matters as to which codification was conceivable fell into two broad classes, namely:Those affecting the international relations of states in their sovereign capacity and those affecting individuals in their international relations. It will be difficult to make law control in the first class of relations; it will be less difficult to do so in the second class.

Type
Research Article
Copyright
Copyright © American Society of International Law 1926

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References

1 The convention of 1892 between the United States and Great Britain for the protection of the seal herd about the Pribyloff Islands failed to protect the herd because the jurists appointed thereunder to draw up suitable regulations did not think it necessary to call for the commission of experts authorized by the convention, that they might tell the jurists what regulations would suit the conditions of seal life. The jurists settled the legal questions before them satisfactorily,and the treaty was legally precise but quite ineffective, because the American representatives did not know that the seals' fishing grounds were outside the treaty-protected area. The permanently protected area had a radius of 60 miles, but the feeding grounds were 100 miles at sea. Consequently, the day after the closed season ended outside the 0 mile radius, the naval guards began to hear the cries of starving pups on the beach.