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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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Bulletin of the Pan American Union, Volume 74

Pan American Union - America - 1940 - 1028 pages
...article 7 that if no generally recognized rule of international law exists, the Prize Court should give judgment in accordance with the general principles of justice and equity. But the convention does not state what is meant by these expressions. After the war, some ground was...
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Year Book

New Jersey State Bar Association - Bar associations - 1916 - 232 pages
...the provisions of the said treaty. "In the absence of such provisions, the court shall apply the rule of international law. If no generally recognized rule...with the general principles of justice and equity." It certainly needs no argument to commend to the enlightened judgment of mankind the establishment...
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Report of the ... Annual Meeting of the Maryland State Bar ..., Volume 14

Maryland State Bar Association, Maryland State Bar Association. Meeting - Bar associations - 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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International Law: Being the Collected Papers of Hersch Lauterpacht, Volume 2

Hersch Lauterpacht - International law - 1970 - 624 pages
...the creation of an International Prize Court ( 1 9o7) provides : * In the absence of such provisions the Court shall apply the rules of international law....with the general principles of justice and equity'; see also: Article 7 of the Treaty of September 1794 between Great Britain and the United States; Article...
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Proceedings of the American Society of International Law at Its ..., Volume 5

American Society of International Law. Annual Meeting - International law - 1911 - 424 pages
...that, " in the absence of such provisions the court shall apply the rules of international law. Tf no generally recognized rule exists, the court shall...the general principles of justice and equity." When Great Britain came to consider the ratification of this convention, it seemed to her government that...
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Report of the First[-thirty-first] Annual Meeting of the Virginia ..., Volume 24

Virginia State Bar Association - Bar associations - 1911 - 382 pages
...proceedings, the court is governed by the provisions of the ^aid treaty. the rules of international law. // no generally recognized rule exists, the court shall...with the general principles of justice and equity." This provision and the reasons for its adoption are thus explained by the eminent Professor Louis Renault...
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World Politics and International Law

Francis Anthony Boyle - Law - 1985 - 388 pages
...rules of international law," and if no generally recognized rule existed, the Court was ordered to give judgment in accordance with "the general principles of justice and equity." Due to the composition of the Court, the Anglo-American judges would be in a minority and therefore...
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The Laws of Armed Conflicts: A Collection of Conventions, Resolutions, and ...

Dietrich Schindler, Jiří Toman - Law - 1988 - 1084 pages
...proceedings, the Court is governed by the provisions in 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...
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The Law of Naval Warfare: A Collection of Agreements and Documents With ...

Natalino Ronzitti - Law - 1988 - 920 pages
...hypothesis: ln the absence of such provisions, the Court shall apply the rules of international law. lf no generally recognized rule exists, the Court shall...with the general principles of justice and equity. One author, writing in 1911, commented critically that 'lt was here that the Convention broke down:...
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International Law and Its Sources: Liber Amicorum Maarten Bos

Wybo P. Heere, Maarten Bos - Law - 1989 - 228 pages
...rule exists, 28. Procès-Verbaux, p. 333. 29. Procès-Verbaux, p. 335. 30. Proces-Verbaux, p. 338. the Court shall give judgment in accordance with the general principles of justice and equity! He then added: There can be no question of giving such an unrestricted field to the decisions of the...
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