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Showing posts from September, 2019

CASE COMMENT: THE PAQUETE HABANA, 175 U.S. 677 (1900)

Rhea R Seth, VII Semester, 4th Year,Maharashtra National Law University, NagpurI.Introduction“International law is part of our law, and must be ascertained and administered by the courts of justice of appropriate jurisdiction as often as questions of right depending upon it are duly presented for their determination.”[1] These lines form part of the judgement delivered by Justice Gray in the Paquete Habana & Lola (names of two costal vessels), vs. the United States Navy/Squadron case. These lines have come to serve as model declaration poining to the integration within the U. S. legal system of standard international law and the courts’ responsibility to effect that law into practice.[2] This declaration, by no means, was novel. Neitherwere the contentions made on behalf of Paquete Habana which were culled from works of researchers and scholars studying the emerging nature of international law. Each one of these tenets have been in vogue since the eighteernth centur.[3] Over time, h…