 | United States - 1914 - 798 pages
...is recognized in the concluding sentence of the paragraph under consideration, which provides that " if no generally recognized rule exists, the court .shall give judgment in accordance with tlie general principles of justice and equity.'' This provision of the article has given rise to great... | |
 | Electronic journals - 1914 - 996 pages
...exists," in order to withdraw from the court the right conferred upon it by Article 7 of the convention to "give judgment in accordance with the general principles of justice and equity." On February 27, 1908, Sir Edward Grey, His Majesty's Principal Secretary of State for Foreign Affairs,... | |
 | Alexander Hold-Ferneck - Declaration of London - 1914 - 254 pages
...however, of this would be that, under article 7 of the Prize Court Convention, the court would have -to give judgment «in accordance with the general principles of justice and equity.» Is it likely that a court having a majority of judges whose countries have negotiated, and subscribed... | |
 | James Brown Scott - Arbitration (International law) - 1915 - 124 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. 1 This article deals with three different and important situations. In the first place, if a question... | |
 | George Breckenridge Davis - International law - 1915 - 712 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 equally to questions relating to the order and mode of proof. . . . On February... | |
 | Arbitration (International law) - 1915 - 278 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 equally to questions relating to the order and mode of proof. If, in accordance... | |
 | Chamber of Commerce of the United States of America - 1915 - 32 pages
...proceeding, 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." Objection was at once made that the last sentence, "If no generally recognized rule exists, the Court... | |
 | Electronic journals - 1915 - 544 pages
...convention it was stated that in the absence of treaty provisions governing a case, the court should give judgment in accordance with the general principles of justice and equity. The London Naval Conference, composed of representatives of the ten most important maritime powers,... | |
 | Elihu Root - Law - 1916 - 484 pages
...between the parties, the treaty provisions shall govern, but that, " in the absence of such provisions the Court shall apply the rules of international law....the general principles of justice and equity." When Great Britain came to consider, the ratification of this convention it seemed to her government that... | |
| |
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... 
