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states substitute for diplomatic negotiation and resort to self-help an independent tribunal with jurisdiction to pass upon the justification for extending protection and the merits of the defense in a given case. Hence the great authority of arbitral decisions as a criterion for the mutual rights and obligations of states with respect to individuals, and the reliance placed by Foreign Offices upon arbitral awards, as precedents, in the presentation of and defense against international claims arising out of alleged violations of the rights of individuals.
The practice and the science of international law owe to Professor John Bassett Moore an immeasurable debt. Apart from his invaluable personal services to various administrations, he has, by the publication of his monumental works, the Digest of International Law and the History and Digest of International Arbitrations, furnished to the officials of the Department of State constant and trustworthy guidance in the conduct of the country's foreign relations. The writer's personal indebtedness to Professor Moore is but feebly expressed in owning the gratitude which he feels for friendly counsel always generously placed at his disposal and for the stimulus to sound scholarship which Professor Moore unconsciously inspires.
This occasion is taken to express the author's sense of obligation to Dr. George W. Scott for awakening in him an interest in and appreciation of the importance of the present subject, and to Mr. J. Reuben Clark, Jr., formerly Solicitor of the Department of State, Mr. Richard W. Flournoy, Jr., Chief of the Bureau of Citizenship, and Professor W. F. Dodd of the University of Chicago, for their kindness in reading various sections of the manuscript and for their valuable suggestions.
EDWIN M. BORCHARD. March 1, 1915.
§ 17. Historical Development of Legal Position of Alien..
$ 18. Relation of Law of Aliens to Different Branches of Law.
$ 19. Position of Alien in Municipal Law.
§ 20. Sources of the Law of Aliens..