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This valuable text considers methods of terminating wars with and without treaties of peace, and also offers a study of the methods of negotiation, the drafting of treaties and the nature of treaties of peace. Reprint of the sole edition (1916). "It would obviously not be useful to attempt here anything like an inventory or abstract of the contents of a book which is not an argumentative treatise but a storehouse of precedents, and whose value depends on the details being ample and fully verified. Enough to say that it will be of the greatest use to diplomatists and publicists at that uncertain date which will be fixed, the sooner the better, by the definite victory of the Allies."- Law Quarterly Review 33 (1917) 100 Coleman Phillipson [1878-1945], a barrister of the Inner Temple, was the editor of Wheaton's Elements of International Law 5th edition (1915) and the author of numerous titles including International Law and the Great War (1915, reprinted by The Lawbook Exchange 2005) and The International Law and Custom of Ancient Greece and Rome (1911).CONTENTSPART I. Termination of War by Mere Withdrawal from Hostilities; or by Conquest and SubjugationI. Termination of War by Reciprocal Intermission of HostilitiesII. Termination of War by Conquest and SubjugationIII. Premature Annexation. Views as to Validity of ConquestsIV. Main Effects of Conquest and Subjugation with Regard to State SuccessionPart II. Termination of War by Treaties of Peace. How They Come to be Made; Their Contents; and Their EffectsI. Armistice ConventionsII. Interposition of Third PowersIII. Preliminaries of PeaceIV. Constitution and Procedure of the Peace Conference. General PrinciplesV. Peace Negotiations. Notable Examples from Previous WarsVI. The Treaty of Peace. General Principles Treaty-Making Power, Nature of Treaties of Peace, their Binding Force, Form and Parts. Language. Interpretation.VII. The Treaty of Peace. General Principles (continued). Date of Peace. Ratification. Means of Ensuring PerformanceVIII. The Treaty of Peace. Main Clauses and EffectsIX. The Treaty of Peace. Main Clauses and Effects (continued)X. The Treaty of Peace. Main Clauses and Effects (continued)XI. Effect of Cession. State Succession: NationalityXII. Effect of Cession. State Succession: Treaties. Public Law and AdministrationXIII. Effect of Cession. State Succession: State Property. Public Debts. Concessions, Etc. Private RightsAPPENDIX Texts of Peace Treaties Frequently Referred to in the Course of the WorkINDEX of Subject-MatterINDEX of Treaties, Preliminaries of Peace, Conferences, and Congresses
Reprint of the only edition. "[What the author] has achieved withgreat success is to render a systematic account of the contributionwhich Italian scholarship and Italian diplomatic practice have made inthis field of law throughout the centuries. Since the writings ofItalian international lawyers are little known in the Anglo-Americanworld, this study will be particularly welcome to American and Englishreaders.": Yale Law Journal 54 (1944-1945) 165.
Reprint of the first American edition. One of the most interesting jurists of the post-World War II era, Ross [1899-1979] was a legal and moral philosopher, scholar of international law and the leading representative of Scandinavian Legal Realism. This book and On Law and Justice (1958) are his principal works. In Directives and Norms Ross asks whether imperatives (or, to use his term, 'directives') are subject to logic in the same way as indicatives. He shows the difference between indicative and directive discourse and explains the concepts 'directive' and 'norm' as they function in the social sciences, especially in the study of law. A contemporary essay in the Modern Law Review (32:544), though critical of this work, was still impressed by its "clear and convincing account" of these processes.
Pavil Gavrilovich, later Sir Paul, Vinogradoff [1854-1925] is well known in Russia principally as a historian and abroad as a legal historian and comparative lawyer. Few in either Russia or abroad are aware that Vinogradoff also wrote on public international law. This volume collects four of his most important contributions to this field: The Legal and Political Aspects of the League of Nations (1918), The Reality of the League of Nations (c. 1919), The Covenant of the League: Great and Small Powers (1919) and History of the Law of Nations, a series of six lectures delivered at the University of Leiden in 1921.
Originally published: Washington, D.C.: BNA Incorporated, 1961. iii (New Introduction), xvi, 506 pp. With a New Introduction by Bryan A. Garner, President, LawProse, Inc. This book tells how to brief and how to argue a Federal case on appeal. Its primary purpose is to explain to the lawyer how to best persuade a Federal appellate court to decide a case in his favor. It is neither a practice manual nor a text of Federal appellate procedure, being written on the assumption that all the procedural steps necessary to perfect the appeal have been or will be timely taken. Consequently this book deals with problems that are common to appeals in whatever Federal court they may be presented. Many of the principles defined and discussed herein are applicable also to the argument, oral and written, of questions of fact and law presented and heard in Federal trial courts. The task of presenting facts and law effectively, the psychology of persuasion, the requirements of candor and accuracy-these are matters common to forensic effort in every courtroom, at every state of a litigated proceeding. In addition to its discussion of appellate advocacy and a description of procedure in the federal appellate courts (Supreme Court, U.S. Court of Appeals, and specialized federal courts), it provides valuable guidelines for writing briefs and appeals and the preparing oral arguments. Among other lessons, it teaches ways to -think before writing, -state facts and phrase issues persuasively, -use argumentative headings, -employ clear, forceful English, -handle questions in oral argument, -use maps and charts effectively and -prevent "forensic halitosis." AALS Law Books Recommended for Libraries List 26, Legal Profession, page 20, "A" Rated. "To get into court and to maintain your right to be there is the object of all pleading and is as important in an appellate court as in a trial court (?) This book is a guide to handling of cases on appeal in the Federal courts by one who is eminently qualified to instruct and direct in this field." --from the foreword by Sherman Minton, Associate Justice, U.S. Supreme Court "Anyone familiar with Mr. Wiener's reputation as an appellate advocate and with his earlier works would expect his new book to be either required reading or strongly recommended in a course in Appellate Practice and Procedure. My own choice for next spring's seminar at this law school is to require it. This is not to say, however, that the book is directed solely to the student in law school. There are probably few practicing attorneys who would not benefit substantially from the author's ability, drawing on his vast personal experience, to expound the art of appellate advocacy in a fascinating and instructive way." -- Monroe H. Freedman, The George Washington Law Review 30 (1961-62) 148. "This is a brilliant book by a brilliant mind. It's the seminal 20th-century book on appellate advocacy, with wisdom, insight, and concrete examples packed into page after page." --Bryan A. Garner Frederick Bernys Wiener [1906-1996], or "Fritz" as he was known to his friends, was educated at Brown University and Harvard Law School, where he was a note editor on Harvard Law Review. In addition to several years in private practice, Wiener held positions in the U.S. Department of the Interior, the Judge Advocate General's Corps (as an officer during the Second World War) and the Solicitor General's Office, where he successfully argued the landmark Supreme Court case Reid v. Covert. Also a scholar of vast learning and high reputation, he wrote copiously on courts-martial, martial law and legal history.
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