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The Doctrine of Continuous Voyage: A Study of the Historical Development of the Doctrine as Applied by Judicial Tribunals

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posted on 2023-09-06, 02:45 authored by Eugenio Maglaya Fonbuena

In our examination of the cases in which the Doctrine of Continuous Voyage has been applied, we can conclude that the successive modifications of the principle were in the direction towards the enlargement rather than restrictive limitations upon the application of the doctrine. It can be stated, however, that such extension in its scope may be considered its consequential growth. "While it is true that legal principles do not change with new invention and consequent modification of circumstances, it is inevitable that compromise regulations, such as those contraband must either be subjected ta some system of interpretation, to make them conform to the new conditions."It cannot be denied that the doctrine had to fight hard for its recognition on the continent of Europe but by the end of the nineteenth century, we can fairly say that it was generally recognized. The fact that this is practically an Anglo-American law, and that France in the Crimean War, and Italy in the Abyssinian War, had applied it, undoubtedly did much towards its recognition.

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ProQuest Dissertations & Theses

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English

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Source: Dissertations Abstracts International, Volume: 83-01, Section: A.; Advisor: Tansill, Charles C.; Stowell, Ellery.; Thesis (Ph.D.)--American University, 1925.

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http://hdl.handle.net/1961/thesesdissertations:8249

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application/pdf

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Part of thesis digitization project, awaiting processing.

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