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The first Part defines the private rights of persons,' as affected by the relations of nations.

1

The second regulates the administration of justice in respect thereto.

1 Perhaps this should be all persons whatsoever; see note to Article 1.

The same.

11. The SECOND BOOK has three DIVISIONS.

The first Division treats of belligerents;

The second of allies;

The third of neutrals.

BOOK FIRST.

PEACE.

DIVISION FIRST. PUBLIC INTERNATIONAL LAW.
SECOND. PRIVATE INTERNATIONAL LAW.

DIVISION FIRST.

PUBLIC INTERNATIONAL LAW.

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 by Part II.; while the rights of members beyond the jurisdiction as defined by various provisions of this Code, are to be peacefully enforced under Part IV.

66

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 sov ereignty 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 a 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 III., of any act, official or unofficial, of any other nation, except such as are 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 that of any nation of which he is a member.2

12 Phill. Intern. Law, 120; Wadsworth v. Queen of Spain, 17 Q. B. Rep., 171.

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

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