stefansson-wrangel-09-37-002

DETERMINATION OF RIGHTS IN TERRITORY WITH REFERENCE TO

WRANGEL ISLAND

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In determining how a country may acquire a recognized
dominion over newly discovered or newly important territory,
which has not been previously recognized as a part of the
possession--using that term in a purely colloquial sense--
of any power, I have deemed it best to consider, first,
the text writers, and, secondly, such cases in international
law as deal with the question. Then, by combination of the
results, we can determine the fate of the particular terri-
tory under discussio--Wrangel Island.

There are several reasons for adopting this mode of
procedure. The actual instances in which the dominion over
new territory has been discussed are unsatisfactory as a
sole means of determining the question. In the first place,
each instance raises a case largely sui generis. The
methods by which agreement has been reached, whether of
arbitration or of diplomatic intercourse and discussion,
have resulted frequently in compromise; and the objection
to compromise, it is conceived from the standpoint of law,
is that the actual principle on which the agreement was
reached are left somewhat in obscurity. Consequently,
it is of some help to turn to the generalization of the
text writers. These men, of course, cannot be given the