By Jacob Bean
Works brought up in Abbreviated Form
Notices and Illustrations
Index of Former Owners
Index of Artists
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The first part of Chapter II examines the development of the process of internationalization by distinguishing between the object, purpose and scope of its development. The process is divided into three regulatory phases by applying these concepts: regulations on the use of boundary waters in order to avoid disputes, regulations on the exploitation of useful species in areas beyond national jurisdiction, and regulations on the protection of the environment in a transboundary context. A shift from the traditional to the modern approach entailed a move from an application of general international law to a substance-oriented approach.
Any attempt to settle a dispute by a third party in an adjudicative context would be impossible if the principle of absolute sovereignty would form the applicable law. In view of its contradictory premises, the principle fails to provide any solution to the dispute — the only option in such a case would be to declare a non liquet. In view of this lack of professional value, the Harmon doctrine can be regarded as a primitive doctrine. The problem with the doctrine of absolute sovereignty is that it is both over- and underlegitimizing.
All exceptions, therefore, to the full and complete power of a nation, within its own territories, must be traced up to the consent of the nation itself. "). 13 Tuomas Kuokkanen within its own territory of whatever was necessary to the development of its resources or the comfort of its people. 29 In addition, the Attorney General asserted that the Mexican claim involved not only the arrest of further settlement and development of large regions of a country, but also the abandonment of what had already been accomplished.