Polarized Law : With An English Translation of the Hague Conventions On Private International Law : Three Lectures On Conflicts of Law, Delivered At the University of London

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And it would be no consolation to- know that in the case of English people the English law could still gracefully retire in favour of the law of the domicile. Article 2 is difficult to understand- There is no obligation on a State at present to per- mit the marriage of foreigners at all. Article 2 appears to assume such an obligation to exist, for it introduces exceptions, and apparently it deduces the obligation from Article 1. You see, it is not the capacity to exercise rights to marry, but t...he very riffhf itself, which is stipulated by Article 1 to be governed everywhere by the national law. Now if a person's national law gives him the right to marry, Article 1 seems to be read as giving him the right I^OCAL RESERVES. 129 to marry everywhere, and not merely to expound the terms on which that right if it exists can be exercised. This seems to infringe on the sphere of constitutional law, but that it must be the right interpretation is clear from the fact that Article 2 contains exceptions, and allows a State to decline to permit certain marriages within its territory.

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