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Business Organizations Law

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Yale Law School

1923

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Transfer Of Flag And The Declaration Of London, Edwin Borchard Jan 1923

Transfer Of Flag And The Declaration Of London, Edwin Borchard

Faculty Scholarship Series

It happens not infrequently when international legal conventions, designed to harmonize or recodify conflicting rules of law, are drafted, that the resulting convention is so broad or indefinite that confusion rather than agreement is effected, each party reading into the convention its own preconceptions. This was neither the purpose nor the necessary result of those articles of the Declaration of London, 55 and 56, which deal with the transfer of flag; yet in two important prize cases in which article 56 was applied, the prize courts of France and England came to diametrically opposite conclusions as to the meaning of ...