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The Development and Formation of International Law*

Published online by Cambridge University Press:  04 May 2017

Extract

We have seen that in private law the Canonists and Romanists made open war on custom, and took sides against it on behalf of the written law — the formal, written word, emanating direct from the will of the supreme authority. Custom has contributed a large number of rules to the law of nations. To the examples already given we may add the formalities of treaties and the necessity of ratification; rules which appear in the thirteenth and fourteenth centuries of our era, and in accordance with which the signature of the plenipotentiaries does not make conventions binding in the absence of their confirmation by the supreme authority. Hand in hand with laws, edicts and decrees, which together form the “consular laws,” custom is still to be found in so far as regards the laws in force in the European and American States, over the territory of different important political communities, such as the Ottoman Empire, various Asiatic Powers, and certain African governmental communities. Is it necessary to recall that almost all of the laws of war are the result of customs recognized during hundreds of years, and upon which intellectual and moral progress has not ceased to exert a beneficent influence?

Type
Research Article
Copyright
Copyright © American Society of International Law 1912

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Footnotes

*

The Journal is indebted for this translation to Mr. Clement L. Bouvé, of the Bar of the District of Columbia.

References

1 Scott, James Brown, “The Proposed Court of Arbitral Justice,” in The American Journal of International Law, Vol. II (1908), p. 809 Google Scholar.

2 Ibid.

3 The original American project was the joint work of the technical delegates of the American Delegation, Messrs. Charles Henry Butler and James Brown Scott. For the text of this document, see Scott’s American Addresses at tho Second Hague Peace Conference, pp. 206-209. — J. B. S.