FREE BOOKS

Author's List




PREV.   NEXT  
|<   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   >>  
expressly says: We now reach the explanation of the Declaration itself, on which we shall try, by summarizing the reports already approved by the Conference, to give an exact and uncontroversial commentary; this, when it has become an official commentary by receiving the approval of the Conference, would be fit to serve as a guide to the different authorities--administrative, military, and judicial--who may be called on to apply it. Seeing that the Conference unanimously accepted the Report, there is expressed in it and by it the real and true meaning of the individual articles of the Declaration as the Conference itself understood and intended it. Every attempt to procure an inconsistent interpretation must come to grief on this fact, and so the Report is in this sense 'binding'. The ratification of a treaty extends, of course, not only to the words themselves, but also to their meaning, and if the Conference which produces an agreement itself unanimously applies a definite meaning to the words of the agreement, there cannot remain any doubt that this is the meaning of the verbal text. Nevertheless, the contrary was maintained in England by a party of men of legal eminence, and the explanation of this is only to be found in the fact that these English lawyers were applying to the interpretation of the Declaration the rules which govern the interpretation of English statutes. The only way to enable the English Government to ratify the Declaration seems to be a statement by the Powers at the time of ratification that the interpretation of the Declaration expressed in the General Report is accepted on all sides. [Sidenote: Some proposals for the avoidance of difficulties in interpretation.] 49. However this may be, the illustration adduced is sufficient proof that the interpretation of international enactments creates a difficulty of its own for international legislation. International legislators must bring even greater solicitude than municipal legislators to the expression of their real meaning in rigid terms. And this aim can only be attained by the most assiduous preparation and consideration of the contents of the enactment. It would be best if these contents were published and thereby submitted to expert discussion before they were finally accepted at the Conferences. The national jurisconsults of the participant states would thus be enabled to criticize the proposals a
PREV.   NEXT  
|<   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:

interpretation

 

meaning

 
Conference
 

Declaration

 
Report
 

accepted

 

English

 

international

 

contents

 

unanimously


legislators

 

expressed

 

ratification

 

proposals

 

agreement

 

commentary

 

explanation

 

sufficient

 

adduced

 

illustration


However

 

enactments

 

legislation

 

difficulty

 
creates
 
difficulties
 

International

 

ratify

 

statement

 

Government


enable

 

statutes

 

Powers

 

Sidenote

 
General
 
avoidance
 

solicitude

 

discussion

 

expert

 
submitted

published
 

finally

 
Conferences
 
enabled
 
criticize
 
states
 

participant

 

national

 

jurisconsults

 
expression