Elements of International Law: With a Sketch of the History of the Science

Framsida
Carey, Lea & Blanchard, 1836 - 375 sidor
 

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Personal union under the same sovereign ib 6 Real union under the same sovereign
53
Union between Russia and Poland ib 9 Federal union
55
Confederated states each retaining its own sovereignty
56
of time 138
65
Supreme federal government or composite state ib 12 Germanic confederation ib 13 United States of America
66
Swiss confederation
68
Sovereignty when acquired
70
Identity of a state how affected by external violence
71
By the joint effect of internal and external violence confirmed by treaty
72
Province or colony asserting its independence how considered by other foreign states
74
Part Second
79
Absolute International Rights or States CHAPTER I
81
Bight of selfpreservation ib 4 Right of intervention
82
3 Wars of the French Revolution
85
Congress of Troppau and of Laybach
86
Congress of Verona
87
War between Spain and her American colonies
88
British interference in the affairs of Portugal in 1826
89
Interference of the Christian powers of Europe in favour of the Greeks
91
CHAPTER II
95
Independence of every state in respect to the choice of its rulers
96
Exceptions growing out of compact or other just right of inter vention
97
Exclusive power of civil and criminal legislation
98
Droit dAubaine
99
Personal status
100
Lex loci contractus
104
Lex fori
105
Foreign sovereign his ambassador army or fleet within the territory of another state
106
11 Jurisdiction of the state over its public and private vessels on the high seas
107
Consular jurisdiction
109
Independence of the state as to its judicial power ib 14 Extent of the judicial power over criminal offences
110
Extraterritorial operation of a criminal sentence
112
Piracy under the law of nations ib 17 Slave trade whether prohibited by the law of nations
114
Extent of the judicial power as to property within the territory
118
Distinction between the rule of decision and the rule of proce dure as affecting cases in rem 119
119
Conclusiveness of foreign sentences in rem
120
Extent of the judicial power over foreigners residing within the territory
121
Distinction between the rule of decision and rule of proceeding in cases of contract
124
Conclusiveness of foreign sentences in personal actions
127
CHAPTER III
130
Precedence among princes and states enjoying royal honours ib 4 Usage of the alternat
132
Language used in diplomatic intercourse
133
Titles of sovereign princes and states ib 7 Maritime ceremonials
135
CHAPTER IV
137
Maritime territorial jurisdiction 1
142
Extent of the term coasts or shore
143
Claintto contiguous portions of the sea for special purposes
144
Claims to portions of the sea upon the ground of prescription
145
Controversy respecting the dominion of the seas
148
Rivers forming part of the territory of the state
150
Right of innocent passage on rivers flowing through different states
151
Incidental right to use the banks of the rivers ib 14 These rights imperfect in their nature
152
Modification of these rights by compact ib 16 Treaties of Vienna respecting the great European rivers ib 17 Navigation of the Rhine
153
Navigation of the Mississippi
156
Navigation of the St Lawrence
161
Part Third International Rights of States in their Pacific Relations
165
CHAPTER I
167
Right to send and obligation to receive public ministers ib 3 Rights of legation to what states belonging
168
How affected by civil war or contest for the sovereignty
169
Conditional reception of foreign ministers ib 6 Classification of public ministers
170
Full power
173
Passport ib 11 Public minister passing through the territory of another state than that to which he is accredited V
174
vants c
178
Exemption of the ministers house and property
179
Duties and taxes ib 20 Messengers and couriers
180
Treaties the operation of which cease in certain cases
191
Guarantees
192
Distinction between a surety and a guarantee
193
Treaties of alliance
194
Cams foederis of a defensive alliance ib 14 Hostages for the execution of treaties
204
Interpretation of treaties ib 16 Mediation ib 17 Diplomatic history
205
Part Fourth International Rights of States in their Hostile Relations
207
CHAPTER I
209
Reprisals
210
Effect of reprisals
211
Embargo previous to declaration of hostilities ib 5 Right of making war in whom vested
212
Perfect or imperfect war
213
Declaration of war how far necessary ib 9 Enemys property found in the territory on the commence ment of war how far liable to confiscation
214
Rule of reciprocity
218
Debts due to the enemy
219
Trading with the enemy unlawful on the part of subjects of the belligerent state
227
Contracts with the enemy prohibited
228
Persons domiciled in the enemys country liable to reprisals
229
Species of residence constituting domicil
230
Merchants residing in the east
244
House of trade in the enemys country
246
National character of ships ib 22 Sailing under the enemys license
247
RIGHTS OF WAR AS BETWEEN ENEMIES
249
Limits to the rights of war against the persons of an enemy ib 3 Exchange of prisoners of war
251
Enemys property how far subject to capture and confiscation
252
Ravaging the enemys territory when lawful
253
Distinction between private property taken at sea or on land
254
Noncommissioned captors
255
Privateers ib 11 Title to property captured in war
256
Validity of maritime captures determined in the courts of the captors country
257
Jurisdiction of the courts of the captor how far exclusive
258
Condemnation by consular tribunal sitting in the neutral country
259
Responsibility of the captors government for the acts of its commissioned cruisers and courts
266
Title to real property how transferred in war jus postliminii
269
Good faith towards enemies
270
Power to conclude an armistice
271
Period of its operation ib 21 Rules for interpreting conventions of truce
272
Recommencement of hostilities on the expiration of truce
273
Capitulations for the surrender of troops and fortresses ib 24 Passports safeconducts and licenses
275
Licenses to trade with the enemy ib 26 Authority to grant licenses
277
Ransom of captured property
278
Rights and duties of neutrality
281
Limitations of the neutral jurisdiction to restore in cases
289
Immunity of the neutral territory how far it extends to neu
296
Contraband of war
311
mys service
326
Penalty for the carrying of contraband
329
Rule of the war of 1756
334
Breach of blockade
342
Right of visitation and search
347
Forcible resistance by an enemy master
351
Right of a neutral to carry his goods in an armed enemy vessel
352
Neutral vessels under enemys convoy liable to capture
353
CHAPTER IV
365
Power of making treaties of peace limited in its extent
366
Effects of a treaty of peace
368
Uti possidetis the basis of every treaty of peace unless the con trary be expressed
370
From what time the treaty of peace commences its operation
371
In what condition things taken are to be restored
373
Breach of the treaty i
374
Party at the Duke of D s General impressions Beauty of
English and French SocietyScene in an OmnibusHouse of Commons
Dearness and mode of living in EnglandPricesStock in handSav
Agriculture

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Sida 87 - It is impossible that the Allied Powers should extend their political system to any portion of either continent without endangering our peace and happiness; nor can any one believe that our southern brethren, if left to themselves, would adopt it of their own accord. It is equally impossible, therefore, that we should behold such interposition in any form with indifference.
Sida 87 - ... is not to interfere in the internal concerns of any of its powers; to consider the Government de facto as the legitimate Government for us; to cultivate friendly relations with it, and to preserve those relations by a frank, firm, and manly policy; meeting in all instances the just claims of every power, submitting to injuries from none.
Sida 87 - ... principle satisfactory to themselves, to have interposed, by force, in the internal concerns of Spain. To what extent such interposition may be carried on the same principle, is a question in which all independent powers whose governments differ from theirs are interested, even those most remote, and surely none more so than the United States.
Sida 47 - The seat of judicial authority is indeed locally here, in the belligerent country, according to the known law and practice of nations, but the law itself has no locality.
Sida 154 - His Catholic Majesty will permit the citizens of the United States, for the space of three years from this time, to deposit their merchandise and effects in the port of New Orleans, and to export them from thence without paying any other duty than a fair price for the hire of the stores...
Sida 115 - No principle of general law is more universally acknowledged than the. perfect equality of nations. Russia and Geneva have equal rights. It results from this equality, that no one can rightfully impose a rule on another. Each legislates for itself, but its legislation can operate on itself alone.
Sida 87 - Our policy in regard to Europe, which was adopted at an early stage of the wars which have so long agitated that quarter of the globe, nevertheless remains the same, which is not to interfere in the internal concerns of any of its powers; to consider the government de facto as the legitimate government for us...
Sida 90 - Russias, penetrated with the necessity of putting an end to the sanguinary contest which, by delivering up the Greek provinces and the isles of the Archipelago to all the disorders of anarchy, produces daily fresh impediments to the commerce of the European States, and gives occasion to piracies, which not only expose the subjects of the High Contracting Parties to considerable losses, but besides render necessary burdensome measures of protection and repression...
Sida 339 - And whereas it frequently happens that vessels sail for a port or place belonging to an enemy, without knowing that the same is...

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