Abstract

0 NE OF THE fundamental prerequisites of a world community functioning under a regime of law and not of arbitrary power is the possession of a court of plenary jurisdiction. The ordinary conception of a court presupposes a tribunal in which persons or groups of persons--in the world community, a fortiori, states-may seek and obtain redress for the violation of their legal rights. It would fly in the face of even the most elementary ideas of the maintenance of legal order to suggest that the defendant in a judicial proceeding could decide for himself or itself whether the charge will be answered or ignored. The right to sue, one of the most salutary of normal human rights, is inseparable from the right to be sued-and the legal duty to accept suit and abide by the decision of the court. Such institution and such custom

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