Introduction to the Study of International Law

Framsida
Scribner, 1878 - 526 sidor
 

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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 I
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
Same subject continued
41
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
56
Results of an attempt to establish a law of interference in the internal affairs of states
58
CHAPTER III
59
Relations of aliens to the laws and their condition
66
Conflict of laws as to a particular person
72
Crimes committed in a foreign country
76
Criminals escaping into a foreign country Extradition
77
Extradition continued
78
Political crimes
79
Appendix Case of Martin Koszta
80
General comity between nations
81
Respect for the reputation of another state The Hülsemann affair
82
Treatment of foreign sovereigns etc Ceremonial of courts Diplo matic correspondence of states
83
Ceremonial of the sea Forms of politeness there
84
Disputes in Cent XVII concerning ceremonies at
85
Persons appointed to manage the intercourse between nations
86
Origin of the privilege of ambassadors
87
Temporary and resident ambassadors
88
Is there any obligation to receive ambassadors
89
Right of sending ambassadors
90
Privileges of ambassadors 1 Their inviolability 2 Their exterritoriality as 1 Immunity from criminal 2 From civil jurisdiction
91
Immunity of their hotel and goods without right of asylum for crim inals
92
Freedom from imposts
93
Freedom of private worship
94
Privileges of ambassadors family and train His power over his suite
95
Limits of his immunity ambassador engaging in trade committing great crimes
96
Relations of an ambassador to a third power
97
Rank of ambassadors ceremonial termination of their mission
98
Consuls Origin of the consular office Consuls of the Middle Ages
99
Functions of consuls Their jurisdiction out of Christendom Their privileges and status Their privileges in nonChristian countries Who can serve as co...
100
Jural capacity
109
Effects of war Nonintercourse with the enemy License to trado
123
Enemys property within a belligerent country
124
Have all in 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 Usages of the Romans of the Middle Ages etc of the Thirty Years War of the time of Louis XIV of Frederic...
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
Effects of temporary conqueste
153
Intercourse in war 1 For the purposes of
154
2 Licenses and safe conducts
155
Truce or armistice 157 Time when a truce begins End of a truce
157
Peace what? Of treaties of peace in general Language used in treaties
158
Restrictions on the power to make peace
159
Effect of treaties of peace
160
Continued
161
Time when a treaty begins to be binding
162
Doctrine of neutrality of modern growth Neutrals who? Gradations of neutrality Permanent neutrality Armed neutrality
163
164 Obligation of neutrals to be impartial
164
To stand aloof from both parties
165
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 172 The neutral furnishing troops
172
What may a neutrals subjects
173
Rights of neutrals Case of the Caroline f 175 Continues
174
Municipal laws enforcing neutrality
176
British foreign enlistment act of 1870
178
Relation of neutrals to the parties in an internal
179
Recognition of belligerency
180
Right of stopping trade of neutrals with revolted territories
181
PART II
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
Treatment of vessels conveying hostile goods
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
119 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
Preëmption English practice in cases of preëmption
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 202 Blockade What places can be blockaded? Why is a breach of block ade unlawful ? Validity of a blockade Paper or ...
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
Its justice considered
210
Neutrals under belligerent convoy
211
Search during peace to execute 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
APPENDIX I
413
APPENDIX II
430
Interference in the Belgic revolution of 1830
513

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Sida 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...
Sida 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.
Sida 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.
Sida 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.
Sida 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.
Sida 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.
Sida 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.
Sida 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...
Sida 354 - And whereas it frequently happens that vessels sail for a port or place belonging to an enemy, without knowing that the same is...
Sida 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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