Sunday, October 28, 2007

Virginia's Influence on International Law

In Johnson & Graham's Lessee v. McIntosh, John Marshal laid down the law with reference to Indian titles in this country.

In The Antelope, Marshal laid down the rule that a rule of international law can be changed unanimously. Not confusing law with justice, but asserting what a court must assert that it is governed by the law of the government to which that court belongs, not by any doctrine of natural rights.

Most Nations belong to either the League of Nations and the Permanent Organization of Labor. The Permanent Court of International Justice is the judicial body of these two organizations, and is bound to apply the law of these organizations in cases arising under the provisions of the Treaty under Article 26, and under Part XIII, Article 422 of the Treaty these two articles provide the method of changing the rules of international law.

Virginia statute provided a definite means over the act of Congress by which the right of expatriation could be exercised, namely a deed approved in court, or a declaration in open court relinquishing the character of the citizen.

Compare the Virginia Statute with the Act of Congress of 1868. Virginia law are based on judicial and court basis.

This is one of the basis that Virginia Indians are having to fight for Federal Recognition.

Read the article in its entirety,
Virginia's Influence on International Law
Edward A. Harriman
Virginia Law Review, Vol. 12, No.2 (Dec., 1925), pp. 135-145.

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