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Legal Problems Capable of Settlement by Arbitration

Legal Problems Capable of Settlement by Arbitration


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This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1913. Excerpt: ... however, and at times Great Britain, have limited their protection considerably in the case of ordinary contract claims. The fact that the citizen entered voluntarily into the contract seems to have been a determining factor in the policy of the United States not to interpose diplomatically in behalf of its citizens prejudiced through breach of a contract concluded by them with a foreign government. John Quincy Adams' statement as Secretary of State has been quoted frequently by his successors in the Department of State. Adams' ruling was as follows: "With regard to the contracts of an individual born in one country with the government of another, most especially when the individual contracting is domiciliated in the country with whose government he contracts, and formed the contract voluntarily, for his own private emolument and without the privity of the nation under whose protection he has been born, he has no claim whatsoever to call upon the government of his nativity to espouse his claim, this government having no right to compel that with which he voluntarily contracted to the performance of that contract."10 Mr. Marcy in 1856 made the following apt statement of the rule of the Department of State: "The government of the United States is not bound to interfere to secure the fulfillment of contracts made between their citizens and foreign governments, it being presumed that before entering into such contracts the disposition and ability of the foreign power to perform its obligations was examined, and the risk of failure taken into consideration."11 10 John Quincy Adams, Secretary of State, to Mr. Salmon (April 29, 1823), Am. St. Pap., For. Rel., vol. 5, 403, quoted in Wharton II, 654, Moore's Dig., VI, 708, and notes there cited. See also the Landr...


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Product Details
  • ISBN-13: 9781151153906
  • Publisher: General Books
  • Publisher Imprint: General Books
  • Height: 246 mm
  • No of Pages: 86
  • Spine Width: 5 mm
  • Width: 189 mm
  • ISBN-10: 1151153907
  • Publisher Date: 01 Feb 2012
  • Binding: Paperback
  • Language: English
  • Returnable: N
  • Weight: 168 gr


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