James Kent Quotes
No nation has a right, in time of peace, to interfere with, or interrupt, any commerce which is lawful by the law of nations, and carried on between other independent powers
The highest court in New York.
James Kent, 1763-1847, Chief Justice of the New York State Court of Appeals Chancellor of New York State, Lectures in Law, Of The Rights And Duties Of Nations In A State Of Peace
Sourced by: Eigen's Political and Historical Quotations
At the outbreak of the Civil War the President maintained that the United States was not at war with another nation but was merely putting down a rebellion. When he then ordered a blockade of Southern ports, he was legally blockading his own country. See Thaddeus Stevens.
Germany had demanded that Belgium allow German troops to cross Belgium to the French frontier. However, King Albert was concerned that this would be a de facto German occupation of Belgium and asked for help. The British tried diplomacy but things were out of anyone’s control and the First World War ensued.
England in this quotation claims the right to interfere in the internal affairs of another nation if there is mismanagement or crises AND her national interests are affected.
The plan was to have an American agent with a few marines make an alliance with a rival to the throne of Algiers and depose the existing ruler with American “special forces”.
The “proofs” were diplomatic assurances—treaties—that England would guarantee the territorial integrity of Belgium. The British made strong diplomatic efforts to persuade Germany not to occupy Belgium. The German’s none the less send armies in under the excuse that if they did not, the French would occupy the country and have a strategic advantage over them. Diplomacy could do no more good. England had to send troops or renege on its obligations. So England was in WWI.
England is entering the war against Germany The German war plan called for attacking France through Belgium. However, Belgium was intent on remaining neutral. International law prohibited a neutral country from allowing troops of either side to enter and maneuver in its territory. ({642178}). When Germany moved into Belgium, the Belgians resisted. England had a treaty with Belgium that it would protect Belgian neutrality in the event of any war in Europe. England then sided with Belgium {642175} and committed to send troops to help Belgium oust the Germans. The Kaiser was furious and could not understand that the English would go to war when there was no economic need or advantage for them to do so. Wilhelm II did not have much respect for treaties, promises, or honor other than military honor. He had earlier convinced himself that the English would not fight for a scrap of paper, especially in a land war. {642105}
There is no court structure that handles International law disputes. There are some international bodies that hear some types of international law disputes, but no general mechanism. The procedures of these few bodies are very complex and arcane. But worse, there is no body with any power that can enforce any decision that may be reached. Enforcement depends on the good will of the nations involved or the pressure that can be brought to bear by other counties.
James Kent was an American jurist and legal scholar. He was the author of Commentaries on American Law.
