ternazionale, ss. 1, 118);
and that
"il trattato non puo essere interpretato che dalle stesse
Parti (_i.e._ Stati) contrahenti; e per la validita dell'
atto e indispensabile che la relativa convenzione di
interpretazione abbia gli stessi requisiti ... di ogni altra
convenzione tra Stato e Stato" (Il Dir. Int. Codif., Sec. 816).
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 giving it that authority. 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 than the test to which it relates.
It is a wholly different question whether Governments or Courts would be
inclined to take notice of such a Report, among other facts antecedent
to a Convention, or Declaration, which they might be called upon to
construe. A British Court would not, I conceive, be so inclined. On the
probable inclinations of Continental Courts, and of an International
Prize Court, should one be instituted, further expert information would
seem to be called for.
The fact is that the vitally important questions of theory and practice
raised by the Convention and the Declaration need calmer and better
instructed discussion than they have yet received. 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 Continental colleagues?
I am, Sir, your obedient servant,
T. E. HOLLAND.
Oxford, February 16 (1911).
THE DECLARATION OF LONDON
Sir,--Professor Westlake, replying in _The Times_ of to-day to the
arguments by which I had endeavoured to show that the Report made to the
Conference of London has no pretensions to be treated as an authentic
interpretation of the Declaration prepared by the Conference, still
maintains that "the essential question will be, what the agreement was
that the Conference arrived at." I had maintained, on the contrary, that
the essential question will be, What is the agreement entered into by
the Powers, as evidenced by their ratifications? an
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