Letters to "The Times" upon War and Neutrality (1881-1920) by Thomas Erskine Holland
page 58 of 300 (19%)
page 58 of 300 (19%)
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TERMINOLOGY
INTERNATIONAL TERMINOLOGY Sir,--Demands for the punishment of the ex-Kaiser have produced many "curiosities of literature," sometimes even over the signatures of men deservedly respected as authorities upon subjects which they have made their own; but _ne sutor supra crepidam_. A.B.,[1] for instance, wrote of the Kaiser as guilty of "an indictable offence." X.Y.[1] naturally protests against this misuse of terminology, which is, indeed, far more specifically erroneous than was the popular application, which you allowed me to criticise, of the terms "murder" and "piracy" to certain detestable acts perpetrated under Government authority.[2] He goes on to give an elaborate, though perhaps hardly necessary, explanation that breaches of that generally accepted body of rules to be followed by States _inter se_, which is known as "international law," can be enforced, in the last resort, only by hostile State action--a fact which he seems to suppose may entitle him to qualify the rules as "a mockery." X.Y.[1] then proceeds to give an account of the so-called "private international law" which surely needs revision for the benefit of any "man in the street" who may care to hear about it. X.Y.[1] defines it as "that part of the law of each separate country, as administered in its own Courts, which deals with international matters," and he enumerates as such matters "prize, contraband, blockade, the rights of ambassadors." In fact none of these matters are within the scope of "private international law," but are governed by "(public) international law," non-compliance with which by the Courts or subjects of any State is ground of complaint for the Government of any other State thereby |
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