Commentaries Upon International Law 1

Cover Commentaries Upon International Law 1
Commentaries Upon International Law 1
Phillimore, Robert, Sir, 1810-1885
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225 of Martens — ^no fevourer of democracy — were fully applicable : « H en est de meme de VimponibiliU morale & I'egard des dont traitea Taccom.
plissement blesserait les droits d'un tiers. "(n) CCLX^^T^bongh sacb be the rule of law to which nations, being in -4^ the condition of third parties and bystanders, shonld scrupulously adherCi there can bo no doubt that one nation may by its proper organ, whatever that may be, alienate, and that another nation may receive, property. It is, moreover,
...of the last importance to remember, that a nation which allows its ruler, either in his own person or through his minister, to enter into negotiations respecting the alienation of property with other nations, must be held to have consented to the act of the ruler ; unless, indeed, it can be clearly proved that the other contracting party was aware, at the time, that the ruler in so doing was transgressing the fundamental laws of his State.(o) ^CCLXYQ^.This is the universally acknowledged distinction r«nQ7'i ^ between cases of internal transactions between the State and its L J Subjects, and of international transactions between the State and other Nations.

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