Leading Cases on International Law (Classic Reprint)
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Excerpt from Leading Cases on International Law
Since international law is the result of the practice of all nations, an ideal collection of cases on the subject would represent the courts of all countries. This however is a degree of perfection which is impossible of realization, and from the standpoint of a student of the subject, it is not altogether desirable. The value of a case to a student is that it is a judicial discussion of the law applicable to a certain state of facts, and his interest should be centered upon the reasoning of the court rather than upon the conclusion at which it arrives. But the decisions of courts outside of common-law jurisdictions are usually not cast in such a form as to make them useful to students. For this reason and also because this collection was intended to be a brief one, it is confined to decisions from British and American jurisdictions. This however does not prevent considerable variety in point of view, since the collection comprises decisions from the highest courts of Massachusetts and New York, the several inferior Federal courts, the Court of Claims and the Supreme Court of the United States, while the far-flung empire of our British kinsmen is represented by decisions of the Judicial Committee of the Privy Council, the House of Lords, the High Court of Justice, the High Court of Admiralty, the High Court of Justiciary of Scotland, as well as by the decisions of courts sitting in Egypt, South Africa and Hong-Kong. As between British and American decisions, I am not conscious of any bias in favor of those of my own country, but have only sought to select such as would best serve the purpose. Of the cases, 102 in number, which constitute the collection, 48 were decided in British courts and 54 in American courts. In view of the great importance of the subject, I have also included a note on Aerial Jurisdiction, - a new topic in international law on which there is as yet no judicial decision. For economy of space some of the longer cases have been abbreviated by the omission of unessential matter.
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