A Treatise on the Law of PrizeSweet & Maxwell, limited, 1926 - 384 sider |
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Side xi
... decided by the Prize Court in the cases of The Stigstad 2 and The Leonora 3 respectively ; and both in the learned judgments of Sir Samuel Evans and of the Judicial Committee of the Privy Council the right of retaliation for unlawful ...
... decided by the Prize Court in the cases of The Stigstad 2 and The Leonora 3 respectively ; and both in the learned judgments of Sir Samuel Evans and of the Judicial Committee of the Privy Council the right of retaliation for unlawful ...
Side 16
... decided cases of his predecessors and of the appellate tribunal.R As pointed out by Sir Samuel Evans in The Chile , " in times past and particularly during the latter part of the eighteenth century and the earlier part of the nineteenth ...
... decided cases of his predecessors and of the appellate tribunal.R As pointed out by Sir Samuel Evans in The Chile , " in times past and particularly during the latter part of the eighteenth century and the earlier part of the nineteenth ...
Side 18
... decided line , Prize Courts are bound to obey . Absolute independence in the administration of international law can only be ensured by properly constituted international Courts not subject to the sovereignty of any State . On the other ...
... decided line , Prize Courts are bound to obey . Absolute independence in the administration of international law can only be ensured by properly constituted international Courts not subject to the sovereignty of any State . On the other ...
Side 21
... decided cases , but if , in his opinion , the application of these decisions to the point before him would lead to inconvenient or inequitable results , he would consider it his duty to vary the previous judgment in accordance with the ...
... decided cases , but if , in his opinion , the application of these decisions to the point before him would lead to inconvenient or inequitable results , he would consider it his duty to vary the previous judgment in accordance with the ...
Side 34
... decided that the Court was not called upon to investi- gate matters of property in different parts of the vessel , and that , as far as he was concerned , the judgment must proceed on the footing that the signalling apparatus formed ...
... decided that the Court was not called upon to investi- gate matters of property in different parts of the vessel , and that , as far as he was concerned , the judgment must proceed on the footing that the signalling apparatus formed ...
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Vanlige uttrykk og setninger
adjudication Admiralty adopted affirmed Allied appeal applied Article August August 20 blockade British Prize Courts capture cargo circumstances claim claimants condemnation confiscation Conseil d'Etat consigned constituted contraband Crown days of grace decisions Declaration of London Declaration of Paris Decree destination doctrine domicile droits effect enemy character enemy country enemy port enemy ship enemy vessel entitled fact France freight French Prize Court Fry Libr German German Prize Courts German Supreme Prize Goshi Kaisha Hague Convention held hostile ibid international law International Prize Court Italian Prize Court Italy judgment judicial jurisdiction law of nations Lord Stowell Lordships maritime ment Merrivale municipal neutral country neutral ship neutral vessel Order in Council owners practice principle prize law question recognised rule Russian seized seizure ship's papers shipowner Sir Samuel Evans Sixth Hague Convention supra Supreme Court Supreme Prize Court tion trade tribunals voyage warships Zamora
Populære avsnitt
Side 117 - Belligerents are bound to respect the sovereign rights of neutral Powers and to abstain, in neutral territory or neutral waters, from any act which would, if knowingly permitted by any Power, constitute a violation of neutrality.
Side 7 - In the second place, the law which the Prize Court is to administer is not the national, or, as it is sometimes called, the municipal law, but the law of nations — in other words, international law.
Side 90 - The rule which this country has been content to apply is, that property so transferred must be bona fide and absolutely transferred; that there must be a sale divesting the enemy of all further interest in it; and that anything tending to continue his interest, vitiates a contract of this description altogether.
Side 84 - The contemplation of war is undoubtedly to be taken in a more restricted sense : but if the contemplation of war leads immediately to the transfer, and becomes the foundation of a contract, that would not otherwise be entered into on the part of the seller, and this is known to be so done in the understanding of the purchaser, though on his part there may be other concurrent motives, as in the case of the Rendsborg,* such a contract cannot be held good, on the same principle that applies to invalidate...
Side 62 - Subject to the provisions respecting transfer to another flag the neutral or enemy character of a vessel is determined by the flag which she is entitled to fly.
Side 58 - ... the full extent But in the East, from the oldest times, an immiscible character has been kept up ; foreigners are not admitted into the general body and mass of the society of the nation ; they continue strangers and sojourners as all their fathers were...
Side 65 - The produce of a person's own plantation in the colony of the enemy, though shipped in time of peace, is liable to be considered as the property of the enemy, by reason that the proprietor has incorporated himself with the permanent interests of the nation as a holder of the soil, and is to be taken as a part of that country, in that particular transaction, independent of his own personal residence and occupation.
Side 77 - But it is unnecessary to examine this question minutely, because an obvious principle of necessity must forbid a prize court from recognizing the doctrine here contended for. If it were once admitted in these courts, there would be an end of all prize condemnations.
Side 19 - This rule of international law is one which prize courts administering the law of nations are bound to take judicial notice of, and to give effect to, in the absence of any treaty or other public act of their own government in relation to the matter.
Side 17 - All law is resolvable into general principles. The cases which may arise under new combinations of circumstances, leading to an extended application of principles, ancient and recognized by just corollaries, may be infinite ; but so long as the continuity of the original and established principles is preserved pure and unbroken, the practice is not new, nor is it justly chargeable with- being an innovation on the ancient law ; when, in fact, the court does nothing more than...