Introduction to the Study of International Law

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Scribner, 1878 - 526 sider
 

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Stages in the development of international
31
Minor differences in the views of different nations concerning
32
Uncertainty and want of authority in international
33
Importance of the history of international law 35 Method pursued in this work PART L
34
A state what? Pirates no state
36
Essential attributes of a state Sovereignty independence equality all included in sovereignty May be parted with by confederated and by protected stat...
37
Obligations not affected by change of government
38
All forms of government legitimate in the view of international
39
It knows only governments de facto
40
41 Same subject continued
41
Assistance to provinces in revolt unlawful but aid to another state against rebellion lawful
42
Noninterference the rule but with exceptions Interference when jus tified
43
Interference to preserve the balance of power
44
Historical illustrations of such interference
45
Interference to prevent revolutions
46
Instances of such interference in the French revolution The Holy Al liance Congress of TroppauLaybach Congress of Verona
47
Property of states what in international law?
53
The Monroe doctrine 49 Results of an attempt to establish a law of interference in the internal affairs of states
56
Freedom of the high seas and of fishery there Fishery question
59
Individual aliens entitled to protection Right of asylum of innocent
65
71 Domicil what
71
Persons appointed to manage the intercourse between nations
86
Immunity of their hotel and goods without right of asylum for crim
92
Rank of ambassadorsceremonial termination of their mission
98
Jural capacity
109
Effects of war Nonintercourse with the enemy License to trade
123
Enemys property within a belligerent country
124
Hare all iu each hostile state a right to wage war?
125
Treatment of enemys property on land and sea compared
126
Forces employed in war especially on the sea Privateers
127
Evils of privateering Testimony to these evils Endeavors to stop it by treaty Declaration of Paris 1856 Attitude of the United States
128
Restrictions on privateering to prevent its evils
129
Laws and usages of war somewhat vague yet improving Causes of this amelioration
130
Fundamental rules of
131
Retaliation
132
Special rules 1 As to weapons and ways of injuring an enemys per son 2 Allowable weapons in war 3 Breach of faith Solici tations to crime
133
4 Treatment of captured persons especially of soldiers 5 Treat ment of irregular troops
134
6 Of noncombatants and their property Usage of the Romans of the Middle Ages etc of the Thirty Years War of the time of Louis XIV of Frederick...
135
Summing
136
7 Of public property
137
8 Sieges and storms of forts and towns
138
Laws of war on the
139
Commercia belli
140
Spies
141
Attempts to ameliorate the practice of war on land The Brussels Con ference
142
Of Civil Wars Wars with Savages Piracy and the Slavetrade 143 Civil wars Wars with savages
143
Pirates and their treatment
144
Are crews of rebels vessels pirates 1
146
Of Capture and Recapture Occupation and Recovery of Territory 147 Capture in general especially from enemies
147
Property in prizes how and when begun?
148
Complete title given by a court
149
Ransom of captured vessels Hostages to secure ransom
150
Recapture Rights of the original owner Jus postliminii
151
Rewards for capture and recapture Salvage Its amount
152
Effects of temporary conquests
153
Intercourse in war 1 For the purposes of
154
2 Licenses and safe conducts
155
Truce or armistice
156
To be humane to both
166
The neutral may admit into his ports war vessels of both belligerents
167
Treaty obligations to do this
168
What neutrals may not
169
Case of the Alabama
170
Cases doubtful or disputed Passage of troops
171
The neutral furnishing troops
172
What may a neutrals subjects
173
Rights of neutrals Case of the Caroline 175 Continues
174
Municipal laws enforcing neutrality
176
PART II
177
British foreign enlistment act of 1870
178
Relation of neutrals to the parties in an internal
179
Recognition of belligerency
180
Importance of questions touching rights of neutral trade
182
Who are neutrals and what is neutral property?
183
General principles as to liability of goods to capture
184
Nationality of goods and vessels as affecting their liability to capture
185
Rightfulness of war For what may war be undertaken?
186
Justice of the rules respecting neutral trade considered
187
Former practice in regard to neutral trade
188
Historical illustrations
189
Declaration attached to the Peace of Paris in 1856
191
Neutral property in armed enemies vessels
192
Pacific blockade
193
What goods are contraband in the usage of nations
194
Results as to deciding what articles are contraband Occasional con traband
195
Is it just and sanctioned by usage Opinions in respect to
196
Preemption English practice in cases of preemption
197
Penalty for contraband at sea Treaty modifying the penalty
198
Neutrals carrying the enemys despatches Case of the Trent
199
Declaration of war continued
200
The same subject continued
201
Blockade What places can be blockaded? Why is a breach of block ade unlawful t Validity of a blockade Paper or cabinet blockade unlawful
202
Evidence of a blockade What is due notice? What is a discontinu ance of a blockade?
203
French and English practice as to notification
204
Penalty for breach of blockade Duration of liability to penalty
205
Attempts to stretch the rules of blockades Berlin decree Orders in Council Milan decree British Orders in Council of 1809
206
Continuous voyages
207
The right of search Its narrow limits Duty of submitting to it Treaties often regulate the right
208
Is there a right of convoy? Historical illustrations
209
210 Its justice considered
210
Neutrals under belligerent convoy
211
Search during peace to txecute revenue laws
212
Search on suspicion of piracy
213
Search of vessels on the high sea suspected of hostile designs Case of the Virginius
214
Search of foreign vessels suspected of being slavers unauthorized
215
But conceded by treaties between most of the European states Ex amples of such treaties
216
Obligations of the United States in regard to the slavetrade Resolu tions of Congress February 28 1823 Negotiations in England and Convention of 1...
217
Treaty of Washington in 1842 Practice under the treaty
218
What does the right of search mean? Doctrine held by the United States New discussion concerning the right in 1858 1859 New ar rangements with ...
219
Nationality of vessels a legitimate matter for inquiry in peace
220
Right of search for her seamen claimed by Great Britain
221
DEFECTS SANCTIONS PROGRESS AND PROSPECTS OF INTERNATIONAL
222
Compromissory arbitration
406
Interference in the Belgic revolution of 1830
513
Sanctions of international
521

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Populære avsnitt

Side 55 - In the discussions to which this interest has given rise, and in the arrangements by which they may terminate, the occasion has been judged proper for asserting, as a principle in which the rights and interests of the United States are involved...
Side 324 - The neutral flag covers enemy's goods, with the exception of contraband of war. 3. Neutral goods, with the exception of contraband of war, are not liable to capture under enemy's flag. 4. Blockades, in order to be binding, must be effective — that is to say, maintained by a force sufficient really to prevent access to the coast of the enemy.
Side 76 - Islands, for the purpose of drying their nets and. curing their ^fish; provided that in so doing they do not interfere with the rights of private property, or with British fishermen in the peaceable use of any part of the said coasts in their occupancy for the same purpose.
Side 162 - China who may be guilty of any criminal act towards citizens of the United States, shall be arrested and punished by the Chinese authorities according to the laws of China: and citizens of the United States, who may commit any crime in China, shall be subject to be tried and punished only by the Consul, or other public functionary of the United States, thereto authorized according to the laws of the United States.
Side 358 - Commander of one of the blockading vessels, who will endorse on her register the fact and date of such warning, and if the same vessel shall again attempt to enter or leave the blockaded port, she will be captured and sent to the nearest convenient port, for such proceedings against her and her cargo as prize as may be deemed advisable.
Side 101 - Kingdom, with this qualification, that he shall not, when within the limits of the foreign state of which he was a subject previously to obtaining his certificate of naturalization, be deemed to be a British subject unless he has ceased to be a subject of that state in pursuance of the laws thereof, or in pursuance of a treaty to that effect.
Side 295 - An Act to regulate the conduct of Her Majesty's subjects during the existence of hostilities between foreign States with which Her Majesty is at peace.
Side 386 - The parties mutually stipulate that each shall prepare, equip, and maintain in service on the coast of Africa a sufficient and adequate squadron, or naval force of vessels, of suitable numbers and descriptions, to carry in all not less than eighty guns, to enforce, separately and respectively, the laws, rights, and obligations of each of the two countries, for the suppression of the Slave Trade...
Side 354 - And whereas it frequently happens that vessels sail for a port or place belonging to an enemy, without knowing that the same is...
Side 342 - Ship itself as any other Goods found therein, which by this Treaty are to be esteemed free: neither may they be detained on pretence of their being as it were infected by the prohibited Goods, much less shall they be confiscated as lawful Prize...

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