Opis: International Law Applied to the Treaty of Peace (Classic Reprint) - Edmunds Sterling E.

Excerpt from International Law Applied to the Treaty of Peace

It is permitted in some instances of cession, but withheld altogether in others.

As to the Covenant of the League of Nations, it is a reactionary institution rather than a progressive one, in that it ignores the whole modern trend toward the establishment of international relations upon the foundations of law, rather than upon compromise and expediency. The Covenant of the League of Nations looks to the establishment of superintendence over international relations by political as distinguished from legal methods. There is not a single reference to international law in the whole Covenant that points to any definite plan whatever for the progressive improvement and extension of that law. In neither the Council of the League of Nations nor in any body to function under it, in the proposed settlement of disputes, is there any provision for the limitation of their actions within the settled principles of law. It is possible for the League of Nations to take up and carry on the achievements of the last two decades, starting where the Hague Conferences left off and looking to the progressive development of law and the substitution of judicial settlements for mere arbitration based on compromise, but such an intention is nowhere manifested in the Covenant. In fact there appears to be almost a complete abandonment of the lessons of the past.

Not only does the Treaty of Versailles fail to lend its great sanction to the establishment of progressive principles, but it sets aside, so far as future validity is concerned, many principles wrung only with the most laborious effort from a self-interested world. Thus the rules instituted for the protection of private property on land and in territorial waters, and even that protecting the private property of prisoners of war, are swept aside. The settled distinctions with respect to belligerent rights of destruction, and those limiting the exercise of belligerent force within lawful bounds, are confounded. The effect of the outbreak of war on treaties i 3 thrown into greater confusion than ever by reason of inconsistent and contradictory action.

In the stipulation for the trial and punishment of those German nationals found guilty of violations of the laws of civilized warfare a wholesome step forward has been taken calculated to sustain these laws in the times to come and to promote their observance.

It was not necessary to the placing of the severest burdens upon Germany to have declared that Germany must accept the responsibility for causing all loss and damage to which the Allied and Associated governments and their nations have been subjected; for, as pointed out in the discussion of the article, the laws of war plainly distinguish between lawful and unlawful loss and damage. The amount of unlawful loss and damage for which Germany is responsible, in view of her utterly barbarous methods of carrying on war, probably far exceeds any sum which may ultimately be received.

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Szczegóły: International Law Applied to the Treaty of Peace (Classic Reprint) - Edmunds Sterling E.

Nazwa: International Law Applied to the Treaty of Peace (Classic Reprint)
Autor: Edmunds Sterling E.
Wydawnictwo: FB &c Ltd
Kod paskowy: 9781330200643
Języki: angielski
Ilość stron: 80
Format: 15.2x22.9cm
Oprawa: Miękka

Recenzje: International Law Applied to the Treaty of Peace (Classic Reprint) - Edmunds Sterling E.