Appletons' Popular Science Monthly, May, 1900: Vol. 57, May, 1900 to October, 1900Various
Science
Appletons' Popular Science Monthly, May, 1900: Vol. 57, May, 1900 to October, 1900
Various
Science -- Periodicals; Technology -- Periodicals
It may not be amiss here to suggest the influence which the permanent
tribunal is calculated to exercise in the future development of
international law. The provision for a permanent bureau or record
office, in which the archives shall be kept, is sure to prove a
valuable condition for future growth, for the deposit in such bureau of
all arbitral decisions will mark the true beginning of what we may call
“International Law Reports.” To this bureau the powers undertake to
send certified copies of all special arbitration agreements, whether
embodied in treaties or otherwise; to it also will be sent the result
of all special arbitrations hereafter resorted to, and in it will be
deposited the papers, pleadings, and other documents, and especially
the decisions of the permanent court, as well as those of any special
courts which may hereafter be created from time to time. These archives
will thus furnish a wealth of material not locked up or available
only by jurists of the particular state where they may happen to be
situated, as has too often been the case heretofore, but accessible
alike to the great text writers and commentators of all nations. The
criticisms and opinions of eminent text writers have heretofore been of
great value in the improvement of international law, and under these
new and more favorable conditions their influence should be even more
beneficial in the future.
To the works of text writers will in future be added the able
discussions of counsel and the learned opinions of judges handed down
in writing, with the reasons upon which they are founded.[Q] Where
rules and usages are becoming obsolete or obviously hostile to the
growth of opinion, international judges may feel themselves bound for a
time by them and give their decisions accordingly, but they may embody
in their written decisions an _obiter dictum_ which shall prove the
death knell of the old rule and the establishment of a healthier one.
Many are the wholesome changes that have thus been wrought in English
“judge-made law” as the direct result of learned and convincing _obiter
dicta_.
[Q] For an admirable example, see the published proceedings of
the Paris Tribunal in the Venezuelan case.
The interest which will thus be stimulated in the whole subject of
international law will promote its study in all nations. Hitherto this
branch of legal education has been rather slighted; not being regarded
as essential to the ordinary practitioner, it has been neglected for
the petty provisions of some state code or involved corporation law,
but the influences already at work in favor of a more thorough and
scholarly study of this branch will be effectively aided under the new
conditions.
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