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Seller's Description:
This is the Analysis of Volumes 1 and 2. This is an ex-library book and may have the usual library/used-book markings inside. This book has hardback covers. In good all round condition. Please note the Image in this listing is a stock photo and may not match the covers of the actual item, 1400grams, ISBN:
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Seller's Description:
Good. Size: 9.7 x 7.4 x 1.3 inches; Dust jacket condition: No Jacket. Text free of underlining, writing and highlighting. Light cover wear. Moderate wear to extremities. PREFATORY NOTE REASONABLE men believe, statesmen profess, and civilization requires that controversies between nations should be settled by peaceable means. Diplomacy has been reinforced by a variety of agencies to accomplish this purpose, but between the breakdown of diplomacy with its various adjuncts and the outbreak of war an effective remedy must be interposed if the peace of the world is to be preserved. The framers of the more perfect union of the American States felt the failures of diplomacy and were unwilling-to assume the risk of war in the settlement of their controversies. They created as a conscious substitute for each a Court of the States, in which controversies of a justiciable nature between them have been decided for a century and more, thus creating ' an international, as well as a domestic tribunal', to quote the impressive language of Chief Justice Fuller in Kansas v. Colorado (185 U.S. 125, 146-7, decided in 1902), in which ' we apply Federal law, state law, and international law, as the exigencies of the particular case may demand '. The experience of the Union of American States shows that a court of justice can be created for the Society of Nations, occupying a like position and rendering equal, if not greater, services, applying to the solution of controversies between its members ' Federal law, state law, and international law, as the exigencies of the particular case may demand '. The experience of the Court in the performance of-its judicial duties likewise shows: that a court of limited jurisdiction such as is the Supreme Court of the United States, and such as a Court of the Society of Nations must inevitably be, can be trusted to keep within the law of its creation, as every attempt of a citizen of one of the States to sue another State of the Union has been frustrated by the Court itself as contrary to the eleventh amendment of the Constitution negativing that right and privilege; that being a Co\irt of limited jurisdiction it does, as it must, question its own right to entertain jurisdiction of a cause of action, even although the august litigants or their counsel have not questioned it; that a procedure can be and has been devised in the consideration of the concrete case calculated to do and actually doing justice between the States; that the defendant State need not be coerced to appear, if only as in the experience of this Court the plaintiff State be permitted to present its case ex parte; that the judgement of the Court need not be executed by force of arms, as hitherto public opinion 572 pages.
