FREE BOOKS

Author's List




PREV.   NEXT  
|<   34   35   36   37   38   39   40   41   42   43   44   45   46   47   48   49   50   51   52   53   54   55   56   57   58  
59   60   61   62   63   64   >>  
ses to listen to an argument based on the historical origin of the statute. The English bench, sticking more closely to the letter of the law, allows also an extensive or restrictive interpretation thereof much more seldom than the continental judiciary does. [1] It seems impossible to find any single English phrase which gives the meaning of _Materialien_ in this context. In the _Materialien_ of a statute is comprised everything officially put on record concerning it between the time the draftsman undertakes to draft the measure and the time it is placed on the statute-book. For instance, the commentary which a draftsman on the Continent always adds to his draft, giving the reasons for the provisions of the Bill; the discussions in Parliament about the Bill; and the like.--TRANSLATOR. [Sidenote: Controverted interpretation of the Declaration of London an example.] 48. A good illustration of the factors under consideration was furnished by the movement in England against the ratification of the Declaration of London, and the discussion evoked thereby in the press and in Parliament. It was asserted that many rules of the Declaration were so indefinitely framed as to lie open, castle and keep, to the arbitrary inroads of a belligerent interpreter. And when the advocates of ratification pointed to the official 'General Report presented to the Naval Conference by its Drafting Committee', which gave a satisfying solution to the issues raised, the answer came that neither a belligerent nor the International Prize Court would be bound by the interpretation of the Declaration contained in this General Report. It was asserted that the ratification of the Declaration would refer only to the text itself, and that the General Report, not being thereby ratified, would not be binding; only by express extension of the ratification to the General Report could the latter bind. Continental jurisprudence, if my conception of it be correct, would stand shaking its head at the whole of this discussion. It would ask how there could be any talk of ratifying a report, ratification having only to do with agreements. And as regards the question of the binding character of the General Report, there might indeed be some objection on the Continent to the epithet 'binding', but, on the other hand, there would be no doubt that the interpretation of the Declaration given in the Report must be accepted on all sides. The Report
PREV.   NEXT  
|<   34   35   36   37   38   39   40   41   42   43   44   45   46   47   48   49   50   51   52   53   54   55   56   57   58  
59   60   61   62   63   64   >>  



Top keywords:

Report

 
Declaration
 

General

 

ratification

 

interpretation

 

statute

 
binding
 

Parliament

 

London

 
draftsman

belligerent

 
Materialien
 

asserted

 

English

 
discussion
 
Continent
 
contained
 

International

 

official

 
presented

pointed

 

advocates

 

inroads

 

interpreter

 

Conference

 

Drafting

 

answer

 
raised
 

issues

 

Committee


satisfying
 
solution
 
character
 

question

 

agreements

 
objection
 
epithet
 

accepted

 

report

 

ratifying


arbitrary

 
Continental
 

jurisprudence

 

extension

 

ratified

 

express

 

conception

 
correct
 

shaking

 
single