Suchergebnisse

The course of the development and modification of exterritoriality in Siam is so little known that an account of it may not be without interest to students of international law.

While I agree with the action taken by the Court and consider that, in view of the unsatisfactory and contradictory provisions of the special agreement by which the parties have submitted this case to the Court, it is perhaps the only course by which the Court could, under its Statute, aid the parties in arriving at a wholly satisfactory solution of their dispute, nevertheless, in view of certain language used in the order, which might be the source of doubt as to the limits of the jurisdiction of this Court and might serve as a basis of argument that it is within the competence of this Court, with the consent of the parties, to take jurisdiction of and decide purely political questions upon considerations of expediency without regard to the legal rights of the parties, I feel it incumbent upon me to make the following observations:In my opinion the question of the competence of this Court which has been raised by the present case and a direct decision of which the Court has avoided, for the moment at least, by the making of the present order, is, from the point of view of the future of this Court and the development of the judicial settlement of international disputes, by far the most important question which has ever been brought before the Permanent Court of International Justice. I feel, therefore, that I would be derelict in my duty if I allowed the question to be passed over in silence or left any doubt as to my opinion in regard thereto.

Because of the deficiencies in her laws and judicial administration, China has for eighty years passively accepted the arrangement, sanctioned by
treaties, under which foreigners found within her territory are clothed with extraterritorial rights. The privileged status thus accorded to foreigners virtually established in that country an anomalous system of foreign jurisdictions.Now that the Chinese laws and judicial machinery are being improved in accordance with modern requirements, what was once a Chinese attitude of silent acquiescence toward the restriction of sovereignty has today become one of active and energetic protest against its further continuance.

In 1903 the United States, by treaty with China, agreed to give China every assistance in the reform of her judicial system, and stated that it would also be prepared " to relinquish extraterritorial rights when satisfied that the state of the Chinese laws, the arrangements for their administration, and other considerations warrant it in so doing."

Each volume includes a "Note on the competent authorities having jurisdiction in labour matters" and a list of abbreviations. ; 1925-1926 include legal decisions of England, France, Germany and Italy; 1927-1938 also those of the United States. ; At head of title: International Labour Office. ; Each volume includes a "Note on the competent authorities having jurisdiction in labour matters" and a list of abbreviations. ; 1925-1926 include legal decisions of England, France, Germany and Italy; 1927-1938 also those of the United States. ; Mode of access: Internet.

Published also as Johns Hopkins university studies in history and political science, ser. XL, no. 3 ; Vita ; Thesis (Ph. D.)--Johns Hopkins university, 1920 ; Bibliographical foot-notes ; Mode of access: Internet.