expressly says:
We now reach the explanation of the Declaration itself, on
which we shall try, by summarizing the reports already approved
by the Conference, to give an exact and uncontroversial
commentary; this, when it has become an official commentary by
receiving the approval of the Conference, would be fit to serve
as a guide to the different authorities--administrative,
military, and judicial--who may be called on to apply it.
Seeing that the Conference unanimously accepted the Report, there is
expressed in it and by it the real and true meaning of the individual
articles of the Declaration as the Conference itself understood and
intended it. Every attempt to procure an inconsistent interpretation
must come to grief on this fact, and so the Report is in this sense
'binding'. The ratification of a treaty extends, of course, not only to
the words themselves, but also to their meaning, and if the Conference
which produces an agreement itself unanimously applies a definite
meaning to the words of the agreement, there cannot remain any doubt
that this is the meaning of the verbal text. Nevertheless, the contrary
was maintained in England by a party of men of legal eminence, and the
explanation of this is only to be found in the fact that these English
lawyers were applying to the interpretation of the Declaration the rules
which govern the interpretation of English statutes. The only way to
enable the English Government to ratify the Declaration seems to be a
statement by the Powers at the time of ratification that the
interpretation of the Declaration expressed in the General Report is
accepted on all sides.
[Sidenote: Some proposals for the avoidance of difficulties in
interpretation.]
49. However this may be, the illustration adduced is sufficient proof
that the interpretation of international enactments creates a difficulty
of its own for international legislation. International legislators must
bring even greater solicitude than municipal legislators to the
expression of their real meaning in rigid terms. And this aim can only
be attained by the most assiduous preparation and consideration of the
contents of the enactment. It would be best if these contents were
published and thereby submitted to expert discussion before they were
finally accepted at the Conferences. The national jurisconsults of the
participant states would thus be enabled to criticize the proposals a
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