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The Unanimity Rule in the Revision of Treaties a Re-Examination (Paperback, Softcover reprint of the original 1st ed. 1959)
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The Unanimity Rule in the Revision of Treaties a Re-Examination (Paperback, Softcover reprint of the original 1st ed. 1959)
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In international law the authority of the writers has been great
and the Statute of the International Court of Justice still takes
cognizance of them as subsidiary sources. Yet it has been widely
recognized that on many points writers, even of the most respecta
ble authority, have merely repeated the statements of their
predecessors, sometimes with the result that error or some indivi
dual dogma or predilection has been perpetuated. The three-mile
limit of territorial waters, for example, was long identified with
the range of cannon and with the famous dictum of Galiani until
modern historical research revealed more accurately its historical
origin in the practice of states. The very definition of
internation al law as a law of which only states were subjects
impelled to somewhat far-fetched inclusions of certain political
entities as "states," and has had at last to yield at least to the
concept that an international organization may also be a subject of
inter national law. The long repetition of the essential attributes
ot states - sovereignty, independence, equality - has not altered
the realities of the very great differences between states in
respect of each of these attributes. As Cardozo said of
definitions, if our preconceived notions of international law do
not accord with the facts of international life, so much the worse
for those old no tions; they must be revised to be brought into
line with reality.
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