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G. F. DE MARTENS (1756-1801), combines in a measure the method of Vattel with the positive method of Moser in his "Précis du Droit des Gens Moderne de l'Europe," 1789. This treatise has been a recognized authority.

Many special and general works appeared in the later years of the eighteenth century and early years of the nineteenth.

WHEATON (1785-1848), the foremost American writer on international law, published in 1836 his "Elements of International Law," which has long been recognized as a standard throughout the world.

Beside the great work of Wheaton justly stands Phillimore's "Commentaries upon International Law.”

Many other works of highest merit appeared during the latter half of the nineteenth century, such as those of Bluntschli, Travers Twiss, Calvo, Wharton, Pradier-Fodéré, F. de Martens, and the late William Edward Hall. There are also many living writers whose contributions are of greatest worth. Mention of the leading authors and their works is made in the "Bibliography."

OUTLINE OF CHAPTER IV

SOURCES OF INTERNATIONAL LAW

15. PRACTICE AND USAGE.

16. PRECEDENT AND DECISIONS.

(a) Prize and admiralty courts decisions.

(b) Decisions of domestic courts.

(c) Decisions of courts of arbitration.

17. TREATIES AND STATE PAPERS.

(a) Laying down new rules or outlining operation of old rules. (b) Enunciation of established rules.

(c) Agreement as to rules to be held mutually binding. (d) Interstate compacts.

18. TEXT WRITERS.

19. DIPLOMATIC PAPERS.

CHAPTER IV

SOURCES OF INTERNATIONAL LAW

15. Practice and Usage

If for a time international intercourse follows certain methods, these methods are regarded as binding in later intercourse, and departure from this procedure is held a violation of international right. That collection of customs known as "The Law Merchant" is an example of a source of this class. Of this it has been said: "Gradually, the usages of merchants hardened into a cosmopolitan law, often at positive variance with the principles of local law, but none the less acquiesced in for mercantile transactions, and enforced by tribunals of commanding eminence and world-wide reputation, such as the courts of the Hanseatic League and the Parloir aux Bourgeois at Paris." 1

Sir W. Scott, in the case of the "Santa Cruz," 1798, said "Courts of Admiralty have a law and a usage on which they proceed, from habit and ancient practice.” 2

16. Precedent and Decisions

The domestic courts of those states within the family of nations, may by their decisions furnish precedents which become the basis of international practice.

(a) Prize and admiralty courts decisions form in themselves a large body of law. Jurisdiction in admiralty and maritime causes in the United States rests in the District

1 Jenks, "Law and Politics in the Middle Ages," p. 30.
The Santa Cruz, 1 C. Rob., 49, 61.

Prize and ad

decisions.

Courts, the Circuit Courts and the Supreme Court. The District Courts have original jurisdiction in civil causes of admiralty and concurrent jurisdiction with the miralty courts Circuit and State Courts in suit of an alien, because of violation of international law or treaty of United States. The District Court also has full prize court powers. Appeals from prize courts decisions go directly to the Supreme Court for final judgment; appeals from admiralty decisions go to the Circuit Court for final judgment.1 The prize courts of other powers vary in jurisdiction, nature, and procedure. British and American courts rely more particularly upon precedents, while the Continental courts follow more distinctly the general principles laid down in codes and text writers, and place less reliance upon previous interpretation of these principles as shown in court decisions.2 Whatever the method of the prize court, its decision, if legally rendered, stands as valid in all states.3

Provision was made at the Second Hague Conference in 1907 for the establishment of an international prize court. (b) The decisions of domestic courts upon such matters as extradition, diplomatic privileges, piracy, Decisions of etc., tend to become a source of international law. In the United States the Supreme Court has original jurisdiction "in all cases affecting ambassadors, other public ministers, and consuls." 5

domestic courts.

(c) The decisions of courts of arbitration and other mixed courts are usually upon broad principles. Some of the principles involved may become established precedents, yet the tendency to render a decision, which by a compromise may be measurably acceptable to both parties, may lessen the

1 Act of Congress, March 3, 1891. 26 U. S. Sts. at Large, 826.
2 Lawrence, § 53.
Bolton v. Gladstone, 5 East, 155, 160.

3

United States v. Rauscher, 1886, 119 U. S., 407.
United States Constitution, Art. III, § 2.

Walker, p. 46, who quotes 3 Burr, 1480.

For English view, see

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