Search -
Leading Cases and Opinions on International Law
Leading Cases and Opinions on International Law Author:Pitt Cobbett Subtitle: Collected and Digested From English and Foreign Reports, Official Documents, Parliamentary Papers, and Other Sources. With Notes and Excursus, Containing the Views of the Text Writers on the Topics Referred To, Together With Supplementary Cases, Treaties, and Statutes General Books publication date: 2009 Original publication date: 18... more »92 Original Publisher: Stevens and Haynes Subjects: International law International relations Notes: This is a black and white OCR reprint of the original. It has no illustrations and there may be typos or missing text. When you buy the General Books edition of this book you get free trial access to Million-Books.com where you can select from more than a million books for free. Excerpt: What has been said as to foreign Sovereigns, applies equally to foreign States. In earlier times a difficulty was felt, in the English courts at least, as to allowing a foreign State to sue in its corporate capacity, without naming its international representative or some officer of the Government. Thus, in the case of the Columbian Government v. Rotlischild (1 Sim. 94), Sir John Leach, V. C., laid down that an unknown and undefined body, such as the Government of a State, could not sue in its quasi corporate name, and that if the persons so described could sue at all, they must come forward ns individuals, and show that they were entitled to represent their State. But in the subsequent case of the United Slates of America v. Wagner (L. R. 2 Ch. App. 582), it was held by the Court of Appeal that a foreign sovereign State, adopting a republican form of government and recognized by Great Britain, could sue in its own name as so recognized, and that it was not necessary to sne in the name of any officer of the Government, or to join as co-plaintiff any such officer on whom process might be served, or from whom discovery might be obtained ; at the same time, it was intimated that the Court might if necessary stay proceedings till the means of...« less