Suchergebnisse

A well-known English judge declared three decades ago that "an alien ami is never exlex . . . whatever rights he has he can enforce by law just as an ordinary subject can." Nor was this a new thought at that time. More than a hundred years earlier a prominent American judge had affirmed that:

The relation of municipal law to international law is properly a subject of inquiry by both practitioners and theoreticians. That all the questions which arise in this connection have not been settled will appear from continuing discussions concerning monism and dualism, the concept of domestic jurisdiction questions, and the doctrine of self-executing treaties. Cases of clear conflict between national law in the form of statutes and that which comprises international obligations tend to receive much publicity, and properly so. The extent to which there has been conformity of national legislation to customary international law and treaties seems to have received less attention. Techniques used to secure such conformity will appear to some extent from the manner in which statute-makers have by express provisions taken cognizance of the law of nations in written or unwritten form.