He is, nevertheless, prepared to recommend, as the spokesman of the committee, that in such cases the Judges should decide "d'apres les principes[C] generaux de la justice et de l'equite"-- a process which I had, less complimentarily, described as "evolving new rules out of their inner consciousness." The Court, in pursuance of this confessedly "hardie solution," would be called upon to "faire le droit." One may be permitted to hope that this proposal will not be accepted.
The beneficent action of English Judges in developing the common law of England may possibly be cited in its favour; but the analogy is delusive.

The Courts of a given country in evolving new rules of law are almost certain to do so in accordance with the views of public policy generally entertained in that country.

Should they act otherwise their error can be promptly corrected by the national Legislature.

Far different would be the effect of the decision of an international Court, in which, though it might run directly counter to British theory and practice, Great Britain would have bound herself beforehand to acquiesce.

The only quasi-legislative body by which the _ratio decidendi_ of such a decision could be disallowed would be an international gathering in which British views might find scanty support.