The Law of Nations Considered as Independent Political Communities ...: On the rights and duties of nations in time of war

الغلاف الأمامي
University Press, 1863 - 526 من الصفحات
 

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Reprisals
20
Embargo
21
Marque and Contremarque
23
The Admiralty Jurisdiction
26
Reprisals consistent with Peace
27
Sect PSe 163 Exceptions in transactions of good Faith originating in time of Peace 323
28
Negative and Positive Reprisals
29
Special and General Reprisals
30
Reprisals against the Two Sicilies in 1839
33
Reprisals not always lawful
35
Reprisals against PersonsThe Due de Belleisle The Envoys of the Confederate States of America
39
CHAPTER II
43
COMMENCEMENT OF
60
hostilities
75
Recall or Dismissal of Resident EnvoysIgnorance of hostilities on the part of Neutrals
76
Sect Page 42 Effect of War upon individuals
79
naturalborn Subjects
83
Commissions to carry on hostilities
84
Enemysubjects within the Territory of a Belligerent
86
Sect Page Polish EnvoyQueen Elizabeth and the Hanse Towns 239
88
Obligation of good Faith
89
Ancient Practice of Provisional Embargo
91
Enemysubjects resident in the Territory of a Belligerent
93
Enemysubjects in transituDetention of British Subjects in France by the First Consul in 1803
95
Modern practice not to detain Enemysubjects
98
Debts due to Enemysubjects
100
Chancellor KentVattelBynkershoek
103
Judgment of Lord Ellenborough in Wolff fl Oxholm
105
Suspension of Commercial Contracts
108
Debts due by an EnemysovereignTheSilesianLoan The RussianDutch Loan
112
Embargo of Enemyproperty afloat in the ports of a Belligerent
114
Commencement of War with Russia in 1854
116
Immovable property of Enemies in the Territory of a Belligerent
117
Right within Enemys TerritoryMovable property
122
Usage of Europe in the sixteenth centuryAlbe ricus Gentilis 242
125
KluberHeffterEarly Conventions in restraint of Neutral TradePlacaarts of the States General
126
State Papers and Public Archives
128
Property waterborne in an Enemys ports
134
the sixteenth century 243
138
Practice of European Powers at the end of the six teenth century 246
144
Customs of the SeaRooles dOleronConsolato
145
Sect Page
152
Pour systems of Maritime LawThe Natural system
158
EnemyCharacter may attach to Places in the
164
The Parties to the Declaration of Paris
165
The Passport or SeaLetterAmbiguity of the Mer
172
Right of Approach
178
Right of Detention for Enquiry
184
Privateers are properly distinct from Letters
187
Equity of British Prize Courts
211
in Favourable construction of Licenses
213
Breach of Blockade by Egress
214
Egress lawful in certain cases
216
Duration of delictum after Egress
217
Effect of Fraud in Egress
220
Cargo not always condemned with the Ship
221
Extent of Coast which may be placed under Blockade
223
Limited operations of a Blockade
226
Effect of a Blockade on Licenses
227
Effect of Licenses on a Blockade
229
CHAPTER VII
232
Treaty of Whitehall in 1661Treaties of Breda and Madrid in 1677Treaty of St GermainenLaye of 1677
255
Treaty of Whitehall of 1689
258
Opinion of Sir Leoline Jenkins
261
British TreatyEngagements
265
Concert of European Nations as to certain articles
266
Bynkershoeks view
267
Vattel
269
French Jurists
270
Practice of British Prize Courts
271
Difficulty of specifying articles conditionally Contra band
273
General doctrine of British Prize Tribunals
275
British Treaty with the United States in 1796
279
Right of PreemptionTreaty of Westminster of 1656Treaty of Whitehall of 1661Treaty of Orebro of 1812
286
Belligerente may not interfere with Trade within
294
Friendly Character may attach to Places in the oc cupation of an Ally 326
298
The Character of the produce of Landed Estates
319
CHAPTER IX
328
Cartel Ships
354
Ransom of Captures at Sea
355
Ransom Bills
356
Hostages
359
Modern Restraints upon Ransom
360
Joint Captures
363
Distribution of Prize amongst joint Captors
366
Condemnation of Prizes brought into the port of an Ally
368
Congress of Paris of 1856 40
373
CHAPTER XI
424
Views of Martens
430
The Political Duties of Neutral Nations towards
438
Hospitality to Belligerent ships discretional on
445
Belligerent privilege of Asylum in Neutral waters
452
CHAPTER XII
459
Trade unless interdicted not a violation of
476
Ancient jurisdiction exercised by Neutral Powers
483
A Neutral Power may claim a vessel captured
491
Conflict of jurisdiction between a Neutral Admiralty
508

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الصفحة 478 - 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.
الصفحة 197 - 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.
الصفحة 201 - And whereas it frequently happens that vessels sail for a port or place belonging to an enemy without knowing that the same is...
الصفحة 215 - It is intended to suspend the entire commerce of the place, and a neutral is no more at liberty to assist the traffic of exportation than of importation. The utmost that can be allowed to a neutral vessel, is, that having already taken on board a cargo, before the blockade begins, she may be at liberty to retire with it.
الصفحة 152 - I believe it cannot be doubted, but that by the general law of nations, the goods of a friend found in the vessel of an enemy are free, and the goods of an enemy found in the vessel of a friend are lawful prize.
الصفحة 229 - States ship, shall be permitted to continue their voyage if on examination of their papers it shall appear that their cargoes were taken on board before the expiration of the above term: Provided, That nothing herein contained shall...
الصفحة 297 - It was contended on the part of the French nation, in 1796, that neutral governments were bound to restrain their subjects from selling or exporting articles contraband of war to the belligerent powers. But it was successfully shown, on the part of the United States, that neutrals may lawfully sell, at home, to a belligerent purchaser, or carry themselves to the belligerent powers, contraband articles, subject to the right of seizure in transitu.
الصفحة 334 - ... ships, vessels and goods, that are or shall be taken, and to hear and determine the same ; and, according to the course of Admiralty, and the law of nations...
الصفحة 478 - The question as to the original illegal armament and outfit of the Independencia may be dismissed in a few words. It is apparent that though equipped as a vessel of war she was sent to Buenos Ayres on a commercial adventure, contraband, indeed, but in no shape violating our laws or our national neutrality.
الصفحة 293 - And in the same case of one of the contracting parties being engaged in war with any other power, to prevent all the difficulties and misunderstandings that usually arise respecting...

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