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PART I. RELATIONS OF NATIONS TO EACH OTHER.

II. RELATIONS OF A NATION TO THE PERSONS AND PROP-
ERTY OF THE MEMBERS OF OTHER NATIONS.

III. UNIFORM REGULATIONS FOR MUTUAL CONVENIENCE.
IV. PROVISIONS FOR THE PRESERVATION OF PEACE.

PART I.

THE RELATIONS OF NATIONS TO EACH OTHER.

TITLE I. ESSENTIAL RIGHTS.

II. EXTRA-TERRITORIAL ACTION.

III. INTERCOURSE.

IV. INTERNATIONAL COMPACTS.

V. REMOVAL OF PERSONS.

TITLE I.

ESSENTIAL RIGHTS OF NATIONS.

CHAPTER I. Sovereignty.

II. Equality.

III. Perpetuity.

IV. Territory

V. Property and Domain.

The right of a nation to protect its members is not separately treated because, its authority, within the national jurisdiction, is sufficiently recognized in Part II.; while the rights of members beyond the jurisdiction as defined by various provisions of the Code, are to be peacefully enforced under Part IV.

CHAPTER I.

SOVEREIGNTY.

ARTICLE 12. "Sovereignty" defined.

13. Foreign powers not entitled to act within a nation.

14. Sovereignty, how vested.

15. Sovereign or chief officer not subject to other jurisdiction.

"Sovereignty" defined.

12. Every nation is sovereign within its own jurisdiction; that is to say, it is, of right, independent of all foreign interference, and free to express and enforce its will, by action within its jurisdiction, without opposition from any foreign power.

The independence and liberty thus enjoyed by each nation are not absolute, but are limited by the equal freedom and independence of others, by the provisions. of this Code, and by the special compacts to which the nation is a party.

See Lawrence's Wheaton, 132; 1 Wildman, Int. Law, 47; 1 Phill. Intern. Law, 164; Lawrence, Com. sur Wheaton, p. 161.

Bluntschli enumerates the following rights as included in the sovereignty of a nation :

1. To make its own constitution;

2. To legislate independently for its people and territory;

3. To govern and administer itself;

4. To choose its own officers;

5. To appoint and accredit its representatives to foreign nations.

Fiore, Nouv. Dr. Int. (ch. II. pt. I.) lays stress on the right of organization as the central element of internal sovereignty, and this is the American doctrine.

The right of self-preservation is evidently inherent in that of sovereignty, but it seems unnecessary to define it. If it were to be defined, it might perhaps be in such mode as follows:

Every nation has the right of self-preservation to be made effectual within its territorial jurisdiction by any means which its sovereignty can exercise; and beyond its jurisdiction, by such means as are consistent with the provisions of this Code, and of its own special compacts. Ortolan, Régles Int. et Dipl. de la Mer, vol. 1, p. 50.

Foreign powers not entitled to act within a nation. 13. No nation is bound to tolerate the performance, within the places subject to its exclusive jurisdiction, as defined by Title VIII., of any act, official or unofficial, of any other nation, except such as is provided for by this Code, or by special compact.

Bluntschli, Dr. Int. Cod., § 69.

Sovereignty, how vested.

14. The sovereignty of a nation may be vested in one or more persons, or in the whole people, according as its law may direct.

Sovereign or chief officer not subject to other jurisdiction.

15. The sovereign or chief executive officer of a nation is never subject to the jurisdiction of any other nation, either in his person or property,' except as follows:

1. To the same extent with his nation in its collective capacity; and,

2. In his private capacity, to the jurisdiction of any nation of which he is a member."

12 Phill. Intern. Law, 120; Wadsworth v. Queen of Spain, 17 Queen's Bench Rep., 171.

Brunswick . Hanover, 6 Beavan's Rep., 1.

CHAPTER II

EQUALITY.

ARTICLE 16. Equality in rights and rank.
17. National emblems.

Equality in rights and rank.

16. All nations are equal in rights.' No distinction in rank between them is permitted;' and wherever, in treaties or other official acts, two or more of them are named in juxtaposition, they shall be named in alphabetical order, according to the first letter of their names, respectively, as expressed in the French language, except that each nation may have its own name first in the document which it retains."

11 Kent's Com., 21; Klüber, Droit des Gens, § 89.

As to the existing distinctions which would be abrogated as matter of right by this rule, see Bluntschli, §§ 84-98; Ortolan, Régles Int. et Dipl. de la Mer; Fiore, Nouv. Dr. Int., vol. 1, p. 278.

3 Treaties of Vienna, 1815.

National emblems.

17. No nation has a right to appropriate to itself the emblems, title, coat of arms, flags, signals, or uniform, in use and previously appropriated by another nation.

Bluntschli, Droit Intern. Cod., § 82

CHAPTER III.

PERPETUITY.

ARTICLE 18. Diminution of territory or population.

19. Change in form of government or in dynasty.
20. Anarchy.

21. Double crown.

22. Annexation of one nation to another.

23. Cession or other annexation of part of territory.

24. Division of a nation.

25. Apportionment of property

26. Apportionment of debts.

Diminution of territory or population.

18. Diminution of the territory or population of a

nation does not affect its existence, so long as its people have a territory and government, such as is described in article 2. Nor does it affect the rights and obligations of the nation in respect to other nations and their members, except so far as such rights or obligations are necessarily dependent on the territory or population lost.

Suggested by Bluntschli, Dr. Int. Cod., §§ 47-50.

Change in form of government or in dynasty.

19. A change in the form of its government, or in its dynasty, does not affect the continuity of existence of a nation, or its property, nor does it affect its rights or obligations in respect to other nations or their members, except so far as such rights or obligations are necessarily dependent on the continuance of the old form of government' or dynasty.

Lawrence's Wheaton, 39, 52; Halleck's Int. Law, p. 77; 1 Wildman's Int. Law, 68; 1 Phill. Int. Law, 148; 1 Kent's Com, 25. And see Bluntschli. $$ 39-45; and King of Two Sicilies v. Wilcox, 1 Simons' Rep., (N. S.,) 301.

This rule is especially important in its application to national debts. The only questions of real difficulty, arising under the general rule, are those which spring out of insurrections. These are treated in the second Book.

The King of the Two Sicilies v. Wilcox, 1 Simons' Rep., (N. S.,) 301, establishes the principle that where a de facto government has, as such, obtained possession of property, the government which displaces it succeeds to all its rights.

For instance, a compact between two republics to protect each other in a republican form of government, would be terminated by the final establishment of a monarchy in one or both.

Anarchy.

20. A temporary condition of anarchy does not af fect the continuity of existence of a nation.

Bluntschli, § 19. As to the effect of a restoration upon the acts of the revolutionary government, see Id., §§ 44, 45; Lawrence's Com. sur Wheaton, p. 214, &c.

Double crown.

21. When one nation chooses, or receives by succession, as its sovereign, the sovereign of another nation, it does not thereby lose its independent existence,

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