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" If a question of law to be decided is covered by a treaty in force between the belligerent captor and a Power which is itself, or whose subject or citizen is, a party to the proceedings, the court is governed by the provisions of the said treaty. In the... "
Proceedings of International Conference Under the Auspices of American ... - Page 36
by American Society for Judicial Settlement of International Disputes - 1916
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Transactions, Volume 14

Maryland State Bar Association - 1909 - 448 pages
...proceedings, the Court is governed by the provisions of the said treaty. In the absence of such provisions, the Court shall apply the rules of International Law....with the general principles of justice and equity." The obvious limitations of this Tribunal may be somewhat overcome by the work of a Naval Conference...
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Report of the ... Annual Meeting of the Lake Mohonk ..., Volumes 12-16

Arbitration (International law) - 1906 - 1070 pages
...is governed by the provisions of the said treaty." " In the absence of such provisions of a treaty the Court shall apply the rules of international law....with the general principles of justice and equity." The latter provision has given rise to much discussion and uncertainty and prevented the ratification...
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Proceedings of the American Society of International Law at Its ... Annual ...

American Society of International Law, American Society of International Law. Annual Meeting - International law - 1916 - 238 pages
...Conference. The Conference agreed to establish such a court and provided in Article 7 of the treats that in the absence of special treaty provisions governing...certain to call for the action of a court there was nogeneral agreement as to what the rules of international law were, and that different nations had...
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The American Journal of International Law, Volume 8

Electronic journals - 1914 - 1078 pages
...proceedings, the court is governed by the provisions of the said treaty. In the absence of such provisions, the court shall apply the rules of international law....with the general principles of justice and equity. The text of this article, which has been bitterly criticized — indeed, one might say, held up to...
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Report of the Annual Lake Mohonk Conference on International ..., Volumes 13-17

Arbitration (International law) - 1907 - 1140 pages
...is governed by the provisions of the said treaty." " In the absence of such provisions of a treaty the Court shall apply the rules of international law....shall give judgment in accordance with the general principle; of justice and equity." The latter provision has given rise to much discussion and " uncertainty...
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International Documents: A Collection of International Conventions and ...

Edward Arthur Whittuck - International Peace Conference - 1908 - 524 pages
...proceedings, the Court is governed by the provisions of the said Treaty. In the absence of such provisions, the Court shall apply the rules of international law....with the general principles of justice and equity. COUR INTERNATIONALE DES PRISES Si, conformément à l'article III (2) (c), le recours est fondé sur...
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Texts of the Peace Conferences at the Hague, 1899 and 1907: With English ...

James Brown Scott - Arbitration (International law) - 1908 - 494 pages
...proceedings, the court is governed by the provisions of the said treaty. In the absence of such provisions, the court shall apply the rules of international law....with the general principles of justice and equity. The above provisions apply également applicables en ce qui concerne l'ordre des preuves ainsi que...
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Final Act of the Second Peace Conference Held at the Hague in 1907: And ...

Great Britain. Foreign Office - Arbitration (International law) - 1908 - 164 pages
...the provisions of the said Treaty. In the absence of such provisions, the Court shall apply the mies of international law. If no generally recognized rule...with the general principles of justice and equity. The above provisions apply equally to questions relating to the order and mode of proof. If, in accordance...
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The American Journal of International Law, Volume 2

Electronic journals - 1908 - 1054 pages
...adequate provision if the rule* of international law were codified. The paragraph goes on to say : " If no generally recognized rule exists, the court...with the general principles of justice and equity." Here, however, is the crux of the question, for recognized rules of international law exist, and have...
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International Problems and Hague Conferences

Thomas Joseph Lawrence - Arbitration (International law) - 1908 - 232 pages
...or the other. How are they to be decided? In answer to this question the Convention declares that " the court shall give judgment in accordance with the general principles of justice and equity." This direction has been a stumbling block to many. Its very boldness overthrows the balance of the...
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