International precedents are made by diplomatic action (or deliberate inaction) with reference to facts, not by those facts themselves.
Thomas Erskine Holland: “International precedents are made by diplomatic action (or deliberate inaction) with reference to facts, not by those…”
Editor's note · Context
Holland argues that international precedents are established through diplomatic actions rather than the facts themselves.
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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.
To put an end to this confusion, I venture to suggest that, in concert with our Allies, the Declaration should be finally consigned to oblivion.
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…
The elaborate classification of contraband had to be at once thrown overboard, and most of the remaining provisions of the Declaration proved to be inapplicable to modern warfare.





