The passages quoted by Sir James from Hague Convention v., and from the Kriegsbrauch, relate entirely to the rights and duties of Governments, and have no bearing upon the tragical abuse of jurisdiction which is occupying the minds of all of us.
Holland critiques the focus on governmental rights and duties, highlighting a broader issue of jurisdiction abuse.
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More from Thomas Erskine Holland
It is surely notorious that the delegates of a Power, by agreeing to the draft of a treaty, give to it no international validity, which results only when the treaty has been ratified by their Government.
Ought they not to be referred to a Royal Commission, on which should be placed representatives of the Navy and Merchant Service, of the corn trade, and of the Colonies, together with international lawyers, in touch with the views of their…
It would be calamitous should a practice be introduced of attempting to cure the imperfect expression of a treaty by tacking on to it an equally authoritative reasoned commentary, likely, as in the present case, to be enormously longer…
I would submit that such a Report as that which accompanies the Declaration of London has no claim to the sort of interpretative authority which has been attributed to it; nor is it desirable that the requisite steps should be taken for…
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