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A distinguished American jurist expresses himself somewhat similarly in treating of law in general. He says, “ The final conclusion of the inquiry, what rule or rules in point of fact governed human conduct, was that, so far as social conduct is concerned, custom is not simply one of the sources of law from which selections may be made and converted into law by the independent and arbitrary fiat of a legislature or a court, but that law, with the narrow exception of legislation, is custom, and like custom, self-existing and irrepealable."
5 James C. Carter, “Law: its Origin, Growth and Function,"
SOVEREIGN STATES.—THEIR ATTRIBUTES AND FORMATION.
OTHER STATES AND COMMUNITIES AFFECTED BY INTER-
GENCY AND BELLIGERENCY.
Sovereign States.—The subjects of international law.Others affected thereby.—Sovereign states are primarily and to a full extent the subjects of international law. Part-sovereign States, communities, corporations, and individuals are, however, affected by the rules of international law and according to the circumstances, are more or less governed by them.
Conditions of sovereign States.—A sovereign state to be in full standing as such must have the following characteristics and conditions:
First. There must be a normal political community of persons with common laws, customs and habits.
Second.—There must be a fixed territory within which these persons permanently live.
Third.—There must be a supreme government controlling all persons and things within the boundaries, and capable of entering into full relations with other states and of making offensive and defensive war and peace.
Fourth.--The state must be independent of all other states.
Fifth. The state must be recognized as a sovereign state by the other sovereign states of the world. It is no longer