International Law: An Introductory Lecture Delivered 17 October, 1888, in ...

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International Law: An Introductory Lecture Delivered 17 October, 1888, in ...
John Westlake
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So, to give examples in the department of International Law, there may be questions about the responsibility of a state for the acts of its subjects, or the responsibility of subjects for the acts of their states ; about the balance to be struck between the right of self- preservation attributed to a state and the duties which would be incumbent on it if no right of self-preservation could be opposed to them ; about the force or fraud which may vitiate a treaty in its origin, or the alteration ...of circumstances which Digitized by Google 10 INTRODUCTORY LECTURU may authorize the plea that it is no longer applicable. Here too, in the last analysis, we have to do with the limitations to which the actions of men ought to be subjected at the hands of their fellow men, and if no answers possessing the quality of generality in a sufficient degree can be given to such questions as these, there may be carefully considered International Law, there may be good International Law, but there can in the strict sense of the term be no principles of international legislation* The search after principles of this kind, jural as distin- guished from ethical principles, has engaged many minds, but it cannot be said that either in the internal or in the in- ternational department it has been crowned with generally acknowledged success.

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