Introduction to the Study of International Law: Designed as an Aid in Teaching and in Historical Studies

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Sampson Low, Marston, Low & Searle, 1875 - 383 páginas
 

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Relations of an ambassador to a third power
93
Rank of ambassadorsceremonialtermination of their mission
94
Consuls Origin of the consular office Consuls of the middle ages
95
Functions of consuls Their jurisdiction out of Christendom Their privi leges and status Their privileges in nonChristian countries Who can serve as co...
96
Of contract in general especially between states With whom can states make contracts
97
What treaties are lawful?
98
Treaties made by a limited sovereign
99
Treaties procured by fraud falsehood or force not binding
100
Treaties to do an unlawful thing not binding
101
Kinds of treaties
102
Treaties of alliance
103
Treaties of confederation
104
Treaties of guaranty Guaranties of treaties Origin of guaranties to treaties
105
Other modes of confirming the faith of treaties Hostages Pledges
106
When do treaties begin to be binding?
107
Violation of treaties
108
Interpretation of treaties Repugnant clauses and conflicting treaties
109
Of war in general
110
War and just war what? Who is to judge of its justice ? Are nations bound to resort to arbitration ? Ought an ally to judge
111
Rightfulness of war For what may war be undertaken?
112
Defensive and offensive
113
Measures for redress falling short of war 1 Embargo Hostile embargo 2 Retorsion 3 Reprisals Greek and Roman mediæval and modern usage as to re...
114
Commencement of war Declaration Greek and Roman practice Mediæ val practice Modern Reasons for the modern usage
115
What notice of a state of war ought to be given
116
Effects of war Nonintercourse with the enemy Licence to trade
117
Enemys property within a belligerent country
118
Have all in each hostile state a right to wage war
119
Treatment of enemys property on land and sea compared
120
Forces employed in war especially on the sea Privateers
121
Evils of privateering Testimony to these evils Endeavours to stop it by treaty Declaration of Paris 1856 Attitude of the United States
122
Restrictions on privateering to prevent its evils
123
Laws and usages of war somewhat vague yet improving Causes of this
154
tacd o com 159 The neutral may admit into his ports war vessels of the belligerents
159
What neutrals may not do Cases doubtful or disputed 1 Transit
160
2 Furnishing troops to belligerents
161
What may a neutrals subject
162
Rights of neutrals Case of the Caroline
163
Continued
164
Municipal laws enforcing neutrality
165
Of Civil Wars Wars with Savages Piracy and the Slave Trade
167
Who are neutrals and what is neutral property
168
Treatment of vessels conveying hostile goods
170
Justice of the rules respecting neutral trade considered
171
Former practice in regard to neutral trade
172
Historical illustrations
173
Continued
174
Declaration attached to the peace of Paris in 1856
176
Neutral property in armed enemies vessels
177
Contraband of
178
Evidence of blockade What is due notice? What is a discontinuance of a blockade
187
Penalty for breach of blockade Duration of liability to penalty
188
Attempts to stretch the doctrine of blockade Prussian decree Berlin decree First and second orders in council Milan decree British orders in council of...
189
The right of search Its narrow limits Duty of submitting to it Treaties often regulate the right
190
CHAPTER II
191
Its justice considered
192
Neutrals under belligerent convoy
193
Search during peace to execute revenue laws
194
Search on suspicion of piracy
195
Search of foreign vessels suspected of being slavers unauthorised
196
But conceded by treaties between most of the European states Examples of such treaties
197
Obligations of the United States in regard to the slave trade Resolutions of congress Feb 28 1823 Negotiations in England and convention of 1824 a...
198
Treaty of Washington in 1842 Practice under the treaty
199
What does the right of search mean? Doctrine held by the United States New discussion concerning the right in 1858 1859 New arrangements with G...
200
Nationality of vessels a legitimate matter for inquiry in peace
201
Right of search for her seamen claimed by Great Britain
202
Sanctions of international
207
Selection of works relating to international
339
INDEX
369
International law what in a wider sense
3
Actual international law what
5
Its genesis and voluntary nature It is of later growth than state law Why it arose in Christian states
6
92d 6 Privileges of ambassadors family and train
7
Quite imperfect elsewhere Illustrations of this from Greece and Rome Not true that these nations had no international law Its leading features in medi...
8
Names given to this science Not the same as jus gentium
9
Differs from jus naturale
10
Detinition of jus naturale by Grotius
11
Puffendorf confounds jus naturale and international
12
A reference to the standard of justice necessary in international
13
It cannot be resolved into contract obligation
14
Must be looked at both as a positive law and in its relations to jus and morals Its jural grounds
15
Its moral grounds
16
Particular rights and obligations of nations
17
Observations on certain rights 1 The right of reputation
18
The right of redress
19
Is there a right of punishing other states ? 206 Obligation of states to aid justice outside of their own bounds 21 4 Is there a right of conquest
21
Moral relations or duties and moral claims of states
22
Observations on certain duties 1 Humanity
23
Comity
24
Intercourse
25
Vattels Wheatons and other divisions of international
26
Custom and free assent alike sources of international law Thus morai claims become rights
28
International law adopted by municipal
29
Aids for ascertaining what international law
30
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
34
Method pursued in this work
35

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Página 37 - 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, that the American continents, by the free and independent condition which they have assumed and maintain, are henceforth not to be considered as subjects for future colonization by any European powers.
Página 302 - Parma, the colony or province of Louisiana, with the same extent that it now has in the hands of Spain, and that it had when France possessed it, and such as it should be after the treaties subsequently entered into between Spain and other States.
Página 211 - 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.
Página 352 - ... part of any province or people, or in the service of, or for, or under, or in aid of any person or persons exercising or assuming to exercise the powers of government in or over any foreign country, colony, province, or part of any province or people...
Página 334 - Secondly, not to permit or suffer either belligerent to make use of its ports or waters as the. base of naval operations against the other, or for the purpose of the renewal or augmentation of military supplies or arms, or the recruitment of men. Thirdly, to exercise due diligence in its own ports and waters, and, as to all persons within its jurisdiction, to prevent any violation of the foregoing obligations and duties.
Página 216 - But there is nothing in our laws, or in the law of nations, that forbids our citizens from sending armed vessels, as well as munitions of war, to foreign ports for sale. It is a commercial adventure which no nation is bound to prohibit, and which only exposes the persons engaged in it to the penalty of confiscation.
Página 334 - ... carry on war against a Power with which it is at peace ; and also to use like diligence to prevent the departure from its jurisdiction of any vessel intended to cruise or carry on war as above, such vessel having been specially adapted, in whole or in part, within such jurisdiction, to warlike use.
Página 155 - Thou shalt not smite them: wouldest thou smite those whom thou hast taken captive with thy sword and with thy bow? set bread and water before them, that they may eat and drink, and go to their master.
Página 350 - 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.
Página 224 - ... 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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