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Recent Progress Towards Agreement on Rules to Prevent a Conflict of Laws, 17 Harvard Law Review 400 (1904)


Public International Law overshadows what we are accustomed, rightly or wrongly, to term Private International Law. It overshadows it both in dignity of character and in fixedness of character. No one now doubts that there is a public international law of binding force, so far as any law can be declared obligatory for which no sovereign has supplied or can supply a sanction. That it exists and is a part of the common law of England has been the doctrine of Anglo-American courts since the middle of the last century. That it exists and has a binding force is assumed in the Constitution of the United States, in its provision that Congress may define and punish offenses against the Law of Nations. It defines, but does not create them.

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