text: same mistake. In the final analysis, it was stated, what was important was whether a particular rule, regardless of its origin, was part of contemporary international law and whether it was generally accepted by States. 339. As regards the second point, namely too much reliance on diplomatic practice, a few members felt that in diplomatic practice many political factors usually played an important role and that those factors could not be easily pinpointed. Hence, legal principles might not have always been relied upon to resolve disputes of this nature at the diplolnatic levels. That, in their view, somewhat reduced the value of such practice GB sole evidence of international law. it!w.C. Eagleton, The ReurdLfysf Stam rn 1-1 bw (1928), p. 185. - 107 -340. With regard to the old character of the practice analysed, the Special Rapporteur stated that not all the cases cited were referred to as precedents. A number of them had been cited precisely in order to condemn, in the most unambiguous terms, practices of colonialist and imperialist States (notably Western States), incompatible with sovereign equality, and to justify the last paragraph of draft article 10, 341. As regards reliance on diplomatic practice, the Special Rapporteur stated that it was precisely through diplomatic practice that general international ( “customary” or “unwritten”) law developed. The analysis of diplomatic practice was particularly essential in view of the relative scarcity of international jurisprudence, a scarcity due to the tendency not to resort to arbitration as frequently as desirable, 342. It was also pointed out that a** lproach to remedies should include the possibility of enhancing the peaceful settlement of disputes between States. There had been many cases in which States had resolved questions of remedies peacefully among themselves and, without accepting the responsibility, had
analysis: The text appears to be discussing international law and diplomacy, specifically the analysis of diplomatic practice and its relevance to international law. The language used is formal and technical, suggesting that the topic is related to international relations and governance.