David Bailie Warden and the Development of American Consular Law

David Bailie Warden and the Development of American Consular Law Journal of the History of International Law 13 (2011) 377­424 JHIL brill.nl/jhil William E. Butler* John Edward Fowler Distinguished Professor of Law, Dickinson School of Law, Pennsylvania State University, United States of America In the formative days of the United States of America, just as in the formation of the centralized Muscovite State and eventual emergence of the Russian Empire, it was the diplomatic corps that played the major role in articulating concepts and rules of the law of nations in the course of the performance of their duties. Some, such as P.P. Shafirov in Russia,1 or David Bailie Warden in the United States, were the authors of pioneering treatises on aspects of the law of nations. In this capacity they advanced the emergence of doctrinal views and a specialist literature on international law. As Grabar expressed the position with reference to Russian diplomats, they were "diplomat-jurists, ambassadorial secretaries" ­ these, he said, "... are our `legists'".2 The same * Emeritus Professor of Comparative Law, University of London; Academician, National Academy of Sciences of Ukraine and Russian Academy of Natural Sciences. The author is grateful to the Maryland Historical Society for permission to quote from the Warden Papers. http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png Journal of the History of International Law / Revue d'histoire du droit international Brill

David Bailie Warden and the Development of American Consular Law

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Publisher
Martinus Nijhoff Publishers
Copyright
2011 © Koninklijke Brill NV, Leiden, The Netherlands
ISSN
1388-199X
eISSN
1571-8050
D.O.I.
10.1163/15718050-13020005
Publisher site
See Article on Publisher Site

Abstract

Journal of the History of International Law 13 (2011) 377­424 JHIL brill.nl/jhil William E. Butler* John Edward Fowler Distinguished Professor of Law, Dickinson School of Law, Pennsylvania State University, United States of America In the formative days of the United States of America, just as in the formation of the centralized Muscovite State and eventual emergence of the Russian Empire, it was the diplomatic corps that played the major role in articulating concepts and rules of the law of nations in the course of the performance of their duties. Some, such as P.P. Shafirov in Russia,1 or David Bailie Warden in the United States, were the authors of pioneering treatises on aspects of the law of nations. In this capacity they advanced the emergence of doctrinal views and a specialist literature on international law. As Grabar expressed the position with reference to Russian diplomats, they were "diplomat-jurists, ambassadorial secretaries" ­ these, he said, "... are our `legists'".2 The same * Emeritus Professor of Comparative Law, University of London; Academician, National Academy of Sciences of Ukraine and Russian Academy of Natural Sciences. The author is grateful to the Maryland Historical Society for permission to quote from the Warden Papers.

Journal

Journal of the History of International Law / Revue d'histoire du droit internationalBrill

Published: Jan 1, 2011

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