Elements of International Law

الغلاف الأمامي
Little, Brown, 1855 - 728 من الصفحات
 

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المحتويات

Sovereign princes the subjects of international law
28
Sovereignty defined
29
Sovereignty how acquired 80
31
Identity of a State how affected by external violence
32
International effects of a change in the person of the sovereign or in the internal constitution of the State i
40
Sovereign States defined
45
Tributary and vassal States
51
Single or united States
55
Real union under the same sovereign
56
Union between Russia and Poland
57
Federal union
58
Confederated States each retaining its own sovereignty
59
United States of America
72
Swiss Confederation
79
PART SECOND ABSOLUTE INTERNATIONAL RIGHTS OF STATES
83
CHAPTER I
85
Right of intervention or interference
87
Wars of the French Revolution
94
Congress of Aix la Chapelle of Troppau and of Laybach
95
Congress of Verona
96
War between Spain and her American colonies
97
British interference in the affairs of Portugal in 1826
98
tion of 1830
105
1 Independence of the State in respect to its internal government
106
Independence of every State in respect to the choice of its rulers
108
CHAPTER II
112
Conflict of laws
113
i site
116
Droit daubaine
117
Lex domicilii
119
Personal status
121
Lex loci contractus
140
Jurisdiction of the State over its public and private vessels on the high seas
158
Consular jurisdiction
167
Independence of the State as to its judicial power
168
Extent of the judicial power over criminal offences
174
Extraterritorial operation of a criminal sentence
181
Piracy under the law of nations
185
Extent of the judicial power as to property within the territory
196
Conclusiveness of foreign sentences in rem
197
Extent of the judicial power over foreigners residing within the terri tory
200
Distinction between the rule of decision and rule of proceeding in cases of contract
205
CHAPTER III
210
Usage of the allernal
212
Language used in diplomatic intercourse
213
Titles of sovereign princes and States
214
Maritime ceremonials
215
CHAPTER IV
217
Prescription
218
Maritime territorial jurisdiction
233
Extent of the term coasts or shore
234
Right of fishery
236
Claims to portions of the sea upon the ground of prescription
238
Controversy respecting the dominion of the seas
245
Rivers forming part of the territory of the State
252
Right of innocent passage on rivers flowing through different States
253
These rights imperfect in their nature
254
Navigation of the Rhine
255
Navigation of the Mississippi
258
Navigation of the St Lawrence
263
PART THIRD INTERNATIONAL RIGHTS OF STATES IN THEIR PACIFIC RELATIONS
271
CHAPTER I
273
Right to send and obligation to receive public ministers
274
How affected by civil war or contest for the sovereignty
275
Letters of credence
282
Audience of the sovereign or chief magistrate
283
Exceptions to the general rule of exemption from the local jurisdiction
284
Personal exemption extending to his family secretaries servants c
286
Exemption of the ministers house and property
287
Duties and taxes
299
Messengers and couriers
300
Public minister passing through the territory of another State than that to which he is accredited
301
Freedom of religious worship
304
Termination of public mission
306
Letter of recall
315
CHAPTER II
317
Cartels truces and capitulations
318
Full power and ratification
319
The treatymaking power dependent on the municipal constitution
328
Auxiliary legislative measures how far necessary to the validity of a treaty
329
Mediation
355
PART FOURTH INTERNATIONAL RIGHTS OF STATES IN THEIR HOSTILE RELATIONS
359
CHAPTER I
361
Reprisals
362
Effect of reprisals
363
Right of making war in whom vested
364
Perfect or imperfect war
365
Enemys property found in the territory on the commencement of war how far liable to confiscation
366
Rule of reciprocity
370
Debts due to the enemy
379
Trading with the enemy unlawful on the part of subjects of the bel ligerent State
381
Trade with the common enemy unlawful on the part of allied subjects
390
Contracts with the enemy prohibited
392
Species of residence constituting domicile
394
Merchants residing in the east
407
House of trade in the enemys country
408
Converse of the rule
409
National character of ships
413
Sailing under the enemys license
414
CHAPTER II
416
Exchange of prisoners of war
417
Enemys property how far subject to capture and confiscation
419
Ravaging the enemys territory when lawful
420
Distinction between private property taken at sea or on land
429
What persons are authorized to engage in hostilities against the enemy
430
Privateers
431
Title to property captured in war
432
Recaptures and salvage 487
456
Jurisdiction of the courts of the captor how far exclusive
458
Condemnation by consular tribunal sitting in the neutral country
460
Title to real property how transferred in war Jus postliminii
469
Good faith towards enemies
470
Power to conclude an armistice
471
Rules for interpreting conventions of truce
472
Recommencement of hostilities on the expiration of truce
473
Passports safeconducts and licenses
475
licenses to trade with the enemy
476
Authority to grant licenses
477
Ransom of captured property i
478
CHAPTER III
480
Different species of neutrality
481
Imperfect neutrality
482
Neutrality modified by a limited alliance with one of the belligerent parties
489
Qualified neutrality arising out of antecedent treaty stipulations admit ting the armed vessels and prizes of one belligerent into the neutral ports whilst ...
490
Hostilities within the territory of the neutral State
491
capture
497
Right of asylum in neutral ports dependent on the consent of the neu tral State
498
Arming and equipping vessels and enlisting men within the neutral territory by either belligerent unlawful 4
499
Prohibition enforced by municipal statutes
500
Immunity of the neutual territory how far it extends to neutral vessels on the high seas
503
Usage of nations subjecting enemys goods in neutral vessels to capture
504
Neutral vessels laden with enemy goods subject to confiscation by the ordinances of some States
505
The two maxims of free ships free goods and enemy ships enemy goods not necessarily connected
507
Conventional law as to free ships free goods
508
Contraband of war 535
516
Transportation of military persons and despatches in the enemys service
562
Penalty for the carrying of contraband
567
Rule of the war of 1756
572
Breach of blockade
581
Right of visitation and search
587
Forcible resistance by an enemy master
592
Right of a neutral to carry his goods in an armed enemy vessel
593
Neutral vessels under enemys convoy liable to capture
594
CHAPTER IV
607
Power of making treaties of peace limited in its extent
608
Effects of a treaty of peace
610
Uti possidetis the basis of every treaty of peace unless the contrary be expressed
612
From what time the treaty of peace commences its operation
613
In what condition things taken are to be restored
615
Disputes respecting its breach how adjusted
616
Additional note on naturalization by the editor
625
S Act to remodel the diplomatic and consular systems of the United States
634
Debate on neutral rights House of Commons July 4 1854
643
Captures within the maritime territorial jurisdiction or by vessels stationed within it or hovering on the coasts 492
705
Diplomatic history 1 355
708
Persons exempt from acts of hostility 419
709
Interference of the Christian powers of Europe in favor of the Greeks 100
712
Conditional reception of foreign ministers 276
714
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الصفحة 178 - ... upon complaint made under oath, to issue a warrant for the apprehension of the fugitive or person so charged, that he may be brought before such judges or other magistrates, respectively, to the end that the evidence of criminality may be heard and considered; and if, on such hearing, the evidence be deemed sufficient to sustain the charge, it shall be the duty of the examining judge or magistrate to certify the same to the proper Executive authority, that a warrant may issue for the surrender...
الصفحة 237 - Belleisle and thence Northwardly indefinitely along the Coast, without prejudice however, to any of the exclusive Rights of the Hudson Bay Company...
الصفحة 172 - Agents shall have the right, as such, to sit as judges and arbitrators in such differences as may arise between the Captains and crews of the vessels belonging to the nation whose interests are committed to their charge, without the interference of the local authorities...
الصفحة 98 - 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.
الصفحة 236 - Islands, on the western and northern coast of Newfoundland, from the said Cape Ray to the Quirpon Islands...
الصفحة 237 - And the United States hereby renounce forever, any liberty heretofore enjoyed or claimed by the inhabitants thereof, to take, dry, or cure fish on, or within three marine miles of any of the coasts, bays, creeks, or harbours of His Britannic Majesty's dominions in America not included within the above-mentioned limits...
الصفحة 229 - Line; and, in like manner, His Catholic Majesty cedes to the said United States, all his rights, claims, and pretensions to any Territories, East and North of the said Line, and, for himself, his heirs and successors, renounces all claim to the said Territories forever.
الصفحة 195 - 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.
الصفحة 187 - ... 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; the said squadrons to be independent of each other; but the two Governments stipulating, nevertheless, to give such orders to the officers commanding their respective forces as shall enable them most effectually to act in concert and co-operation, upon mutual consultation, as exigencies may arise, for the attainment of the true...
الصفحة 98 - ... 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.

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