先占の通知義務
投稿者： henchin_pokoider01 投稿日時： 2006/12/07 14:23 投稿番号： [15218 / 18519]
ホールも義務ではない（慣習法でない）としてますね。
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「A TREATISE ON INTERNATIONAL LAW」 William Edward Hall 1924
P139
The declaration it, it is true, affects only the coasts of the Continent of Africa; and the representatives of France and Russia were careful to make formal reservations directing attention to this fact; the former, especially, placing it on record that island of Madagascal was excluded. Nevertheless an agreement, made between all these states which are likely to endeavour to occupy territory, and covering much the largest spaces of coast which, at the date of declaration, remained unoccupied in the world, cannot but have great influence upon the development of generally binding rule.*
<脚注>
*France, on taking possession of Comino Islands, and England with regard to Bechuana Land, have already made notification which were not obligatory under the Berlin Declaration. These notifications were, however, evidently made form motives of convenience and not with a view of establishing a principle; France having placed upon record the reservations mentioned above, and England not having notified, at a later date, her assumption of a protectorate over the Island of Socotra.
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「A TREATISE ON INTERNATIONAL LAW」 William Edward Hall 1924
P139
The declaration it, it is true, affects only the coasts of the Continent of Africa; and the representatives of France and Russia were careful to make formal reservations directing attention to this fact; the former, especially, placing it on record that island of Madagascal was excluded. Nevertheless an agreement, made between all these states which are likely to endeavour to occupy territory, and covering much the largest spaces of coast which, at the date of declaration, remained unoccupied in the world, cannot but have great influence upon the development of generally binding rule.*
<脚注>
*France, on taking possession of Comino Islands, and England with regard to Bechuana Land, have already made notification which were not obligatory under the Berlin Declaration. These notifications were, however, evidently made form motives of convenience and not with a view of establishing a principle; France having placed upon record the reservations mentioned above, and England not having notified, at a later date, her assumption of a protectorate over the Island of Socotra.
固定リンク：https://yarchive.emmanuelc.dix.asia/1835396/cddeg_1/15218.html