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Report No. 62

1B.19. Story's view.-

Speaking judicially,1 Story had said in 1824: "The laws of no nation can justly extend beyond its own territories, except so far as regards its own citizens," Ten years later,2 while he was Dane Professor of Law in Harvard, he stated the following as "general maxims of international jurisprudence."

"(1) As every nation possesses an exclusive sovereignty and jurisdiction within its own territory the laws of every State affect and bind directly all property, whether real or personal, within its territory; and all persons who are resident within it, whether natural-born subjects or aliens; and also all contracts made and acts done within it.

(2) No State can, by its laws, directly affect or bird property out of its own territory or bind persons not resident therein, except that every nation has a right to zind its own subjects by its own laws in every other place."

Broadly speaking, the position is the same today.

1. Apollon, (1824) 9 Wheat 362 (370).

2. Story Conflict of Laws, (1934), pp. 18-20.

Workmens Compensation Act, 1923 Back

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