The Caroline Case

Webster’s formula and the Caroline Case (1837) underlying it have been subject to a double misinterpretation in state practice and in scholarship on international law. To substantiate this thesis, the author of this doctoral dissertation starts by reviewing the evidence on the case and the events leading up to it. In addition to exploring the exchange of notes between the USA and Great Britain (1837-1842), she conducts a detailed evaluation of how the case was discussed in works of classical international law. She moves on to conclude by suggesting a re-interpretation which highlights the continuing relevance of the case and the rule of law which derives from it concerning an issue in international law which remains as controversial today as it was in 1837.