sanction of international law to the action. The most that could be said was that it was an alliance of a loose character, whose authority was in proportion to the force behind its decisions.1 European (2) Another feature in European politics giving rise to further inequalities in practice was introduced by the alliance of Germany and Austria in 1879 and Italy in 1882, alliances. which was till 1914 commonly known as the Triple Alliance. The policy of this belt of powers separating Eastern from Western Europe materially affected the action of the other powers. The "friendly understanding" between France and Russia soon after the Triple Alliance afforded a measure of counter-check upon the action of the other powers. The exact terms of the compact of Germany, Austria-Hungary, and Italy were not divulged at the time, although cooperation was assured in the event of hostile relations. The Alliance did not prevent friendly relations between the parties to it and the other powers.2 (3) The United States upon the American continent in the Influence of the United States among American enunciation of the Monroe Doctrine, and in the interpretation of it, assumed at times a position as arbiter among the American states in some respects similar to that of the European Concert among the European states. This attitude of the United States has weight in international practice, but cannot be regarded as part of international law. states. 1 Lawrence," Disputed Questions," V. 2 Pribram, "Secret Treaties of Austria-Hungary," p. 65. OUTLINE OF CHAPTER XI JURISDICTION 46. JURISDICTION IN GENERAL. 47. TERRITORIAL DOMAIN AND JURISDICTION. 48. METHOD OF ACQUISITION OF TERRITORIAL JURISDICTION. (a) By right of discovery of a new land. (b) By effective and continued occupation of a territory. (1) The Hinterland Doctrine. (2) Uncivilized peoples the rightful occupants of the soil. (c) By conquest of a territory, usually a result of military occupation. (d) By cession through the transfer of territory. (1) By gift. (2) By exchange. (3) By sale. (4) By special agreement. (e) By prescription, or long-continued possession. (f) By accretion, or change in land areas pear the boundary of a state. (g) By lease. 49. QUALIFIED TERRITORIAL JURISDICTION. (a) In protectorates the external affairs and international relations are usually under the direction of the protecting state. (b) In a sphere of influence the aim is to secure the rights without all the obligations. (c) In areas under mandates under the League of Nations. 50. MARITIME AND FLUVIAL JURISDICTION. 51. JURISDICTION OF RIVERS. (a) Rivers which traverse only one state. (b) Rivers which traverse two or more states. (c) Rivers with opposite banks under jurisdiction of two different states. 52. THE NAVIGATION OF RIVERS. (a) General rules for river navigation. (b) Confirmation of rules by conventions. 53. JURISDICTION OF ENCLOSED WATERS. (a) Exclusive jurisdiction of a state over the waters wholly within its borders. (b) Jurisdiction over gulfs, bays, and estuaries in the state or states enclosing them. (c) Jurisdiction over straits less than six miles in width in the shore state or states. (1) Jurisdiction over the Danish sounds. (2) The Bosphorus and Dardanelles. (d) Jurisdiction of canals similar to that of straits. (1) The Suez Canal. (2) The Panama Canal. (3) The Corinth and Kiel Canals. 54. THE THREE-MILE LIMIT. (a) Statement and origin of the principle. (b) A wider limit sometimes claimed for special purposes. 55. JURISDICTION OVER FISHERIES. (a) Fishing on the high sea a right belonging to all states alike. (b) Special privileges in fishing, as in the case of the Canadian fisheries. (c) The disputed question of seal-fishing in the Bering Sea. 56. JURISDICTION OVER VESSELS. (a) Two classes of vessels. (1) Public. (2) Private. (b) Nationality of a vessel determined by its flag or papers. (1) Exclusive over public and private vessels on high seas (2) Exclusive over public vessels in foreign waters in regard to matters of internal economy. (a) Extent of immunities of the persons on a ship of war in a foreign harbor. (b) The right of asylum on board a ship of war. (c) Immunities of other vessels in public service. 57. AERIAL JURISDICTION. 58. JURISDICTION OVER PERSONS AND THE QUESTION OF NATIONALITY. 59. JURISDICTION OVER NATURAL-BORN SUBJECTS. 60. JURISDICTION OVER FOREIGN-BORN SUBJECTS. (a) The rule of jus sanguinis, i.e., the child inherits the nationality of his father. (b) The rule of jus soli, i.e., the place of birth determines the nationality. (c) Variations in laws. 61. JURISDICTION BY VIRTUE OF ACQUIRED NATIONALITY. (a) By marriage a woman in most states acquires the nationality of her husband. (b) By naturalization, or an act of sovereignty by which a foreigner (c) By annexation of the territory upon which a person resides. (e) Incomplete naturalization or the effect on a person of his (1) Citizenship and liability to military service. (2) Municipal laws and naturalization. 62. JURISDICTION OVER ALIENS. (a) Qualified jurisdiction of native state over subjects abroad. (2) Recall of citizens for special reasons. (3) Criminal jurisdiction over subjects who have committed crimes in a foreign state. (4) Protection of subjects in a foreign state. (b) Jurisdiction of a state over aliens within its territory. (1) Right of exclusion. (2) Right of expulsion. (3) Right to conditional admission. (4) Restrictions upon settlement. (5) Right to levy taxes. (6) Sanitary and police jurisdiction. (7) Jurisdiction for crimes committed within territorial limits. (8) Maintenance of public order. (9) No rights to demand military service for political ends. (10) Freedom of commerce. (11) Holding and bequeathing of property. (12) Freedom of speech and worship. (c) Passport a means for establishing the identity of an alien. 63. EXEMPTIONS FROM LOCAL JURISDICTION GENERALLY MADE FOR PERSONS REPRESENTING THE AUTHORITY OF A FRIENDLY STATE. (a) Extraterritoriality, or immunity from jurisdiction. |