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any given nation party to the agreement. The resistance of a nation. to a law to which it has agreed does not derogate from the authority of the law, because that resistance cannot, perhaps, be overcome. Such resistance merely makes the resisting nation a breaker of the law to which it has given its adherence, but it leaves the law, to the establishment of which the resisting nation was a party, still subsisting. Could it be successfully contended that, because any given person or body of persons possessed for the time being power to resist an established municipal law, such law had no existence? The answer to such a contention would be that the law still existed, though it might not for the time being be possible to enforce obedience to it." Sir Henry Berkeley in The S. S. Prometheus, Supreme Court of Hongkong, 2 Hongkong Law Reports, 207, 225 (1906).

The knowledge thus acquired is the knowledge of law and the training obtained is the training in law.

The editor has borne in mind Dr. Johnson's advice that a book should not require references to other works in order to complete it. Therefore the material portions of The Hague Conventions and some other documents of an international character are brought together and placed in an appendix.

These relate primarily to war and the method of its conduct, thus laying before the student the laws and customs of war which have not as yet become the subject of judicial decision.

It is devoutly to be wished that members of the profession in foreign. countries examine the decisions of their own courts, the awards of mixed commissions and sentences of arbitral tribunals in whose cases their respective countries have special interest, and produce collections of cases, not only for the benefit of the profession to which they belong, but also for the purpose of instruction in the law schools, universities, and other seats of learning in their respective states.

The many cases of foreign courts involving international law which have come to the editor's attention convince him that this can be done, and he had chosen not a few foreign cases for this collection. It seemed, however, better on the whole to confine the present work to the English-thinking world and to leave the selection of foreign cases to more competent hands.

If our friends in other parts of the world take kindly to the suggestion that they prepare collections of cases of an international character, the causes decided by courts which are foreign to them might in some instances predominate; but the collections would, nevertheless, be made up of adjudged cases. International law could then be taught quite generally from cases, and those selected would be the ones which appealed most strongly to the profession in each nation accepting and applying the law of nations, and which, in the judgment of competent persons, were best fitted for purposes of instruction in their various countries.

It needs but a slight familiarity with foreign cases to see how they are conditioned'in form by local procedure and in substance by local law. The stream is indeed everywhere colored by the soil through which it reaches the sea, but the sea itself is international.

In conclusion, the editor tenders his thanks to Mr. Ammi Brown, formerly instructor of Law in the Catholic University of America, who prepared an imposing list of cases from which to select, and to Mr. Henry G. Crocker, of the Division of International Law of the Carnegie Endowment for International Peace, whose suggestions as to the choice and shortening of cases have often been followed. JAMES BROWN SCOTT.

WASHINGTON, D. C., May 13, 1922.


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