International Law: A Treatise, Volume 2 (Google eBook)

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Longmans, Green and Company, 1921 - International law
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Contents

The League of Nations and State Differences 256 The League of Nations as a Factor in State Differences
34
25c The Duties of the League itself
35
Me Inquiry by the Assembly
37
25g Disputes in which nonMembers are involved
38
CHAPTER II
39
Compulsive Means in contradistinction to War
40
Compulsive Means in contradistinction to an Ultimatum and De monstrations
41
Retorsion 29 Conception and Character of Retorsion
42
Retorsion when justified
43
Reprisals 33 Conception of Reprisals in contradistinction to Retorsion
44
Reprisals admissible for all International Delinquencies
45
Reprisals admissible for International Delinquencies only
46
Reprisals by whom performed
47
Objects of Reprisals
48
Positive and Negative Reprisals
49
Reprisals must be proportionate
50
Reprisals to be preceded by Negotiations and to bo stopped when Reparation is made
51
Reprisals during Peace in contradistinction to Reprisals during War
52
PiO
53
Time of Intervention
60
Conception of War
66
57a Recent Developments affecting the Distinction between Armed
73
Rules of Warfare independent of Causes of War
79
SECT PAOE 67 Origin of the Laws of War
84
The most important Developments of the Laws of War
86
Binding Force of the Laws of War
91
The Region of War 70 Region of War in contradistinction to Theatre of War
92
Particular Region of every War
93
Exclusion from Region of War through Neutralisation
96
Asserted Exclusion of the Baltio Sea from the Region of War
98
Qualification to become a Belligerent facultas bellandi
99
Possibility in contradistinction to Qualification to become a Belligorent
100
Insurgents as a Belligerent Power
101
Principal and Accessory Belligerent Parties
102
The Armed Forces of the Belligerent 78 Regular Armies and Navies
103
NonCombatant Members of Armed Forces
105
Levies en masse
106
Barbarous Forces
108
Privateers
109
Converted Merchantmen
112
The Crews of Merchantmen
113
Deserters and Traitors
116
Enemy Character of Individuals
117
Ma Enemy Character of Corporations
122
Enemy Character of Vessels
128
Transfer of Enemy Vessels
131
Transfer of Goods on Enemy Vessels
133
CHAPTER II
136
Declaration of War
138
Ultimatum
140
Initiative hostile Acts of War
141
net paot 97 General Effects of the Outbreak of War
143
Rupture of Diplomatic Intercourse and Consular Activity
144
Cancellation of Treaties
145
Precarious Position of Belligerents Subjection Enemy Territory
147
100a Persona standi in judicio on Enemy Territory
150
Intercourse especially Trading between Subjects of Belli gerents
152
Position of Belligerents Property in the Enemy State
157
102a Effect of the Outbreak of War on Merchantmen
160
CHAPTER III
166
Objects of the Means of Warfare
167
Violence against Enemy Persons 107 On Violence in general against Enemy Persons
168
Killing and Wounding of Combatants
169
Refusal of Quarter
170
Explosive Bullets
171
Expanding DumDum Bullets
172
Violence against nonCombatant Members of Armed Forces
173
Violence against Private Enemy Persons
175
Violence against the Head of the Enemy State and against Officials in Important Positions
176
Origin of Geneva Convention
177
The Wounded and the Sick
179
Medical Units and Establishments and Material
180
Personnel
181
Convoys of Evacuation
183
Treatment of the Dead
184
Captivity SECT PAO 125 Development of International Law regarding Captivity
186
SECT PAGE
187
Treatment of Prisoners of War
188
Who may claim to be Prisoners of War
191
Release on Parole
192
Bureau of Information
193
131a Prisoners of War during the World War
194
End of Captivity
196
Appropriation and Utilisation of Public Enemy Property 133 Appropriation of all the Enemy Property no longer admissible
197
Immoveable Property of Municipalities and of Religious Chari table and the like Institutions
198
Utilisation of Public Buildings
199
Moveable Property of Municipalities and of Religious Chari table and the like Institutions
200
Booty on the Battlefield
201
Appropriation and Utilisation of Private Enemy Property 140 Immoveable Private Property
202
Private War Material and Means of Transport
203
Other Private Personal Property
204
Booty on the Battlefield
205
Private Enemy Property brought into a Belligorents Territory
206
Requisitions and Contributions
207
War must support War
208
Requisitions in Kind and Quartering
209
Contributions
210
Vlil Destruction of Enemy Property 149 Wanton Destruction prohibited
212
Destruction in Marching Reconnoitring and Conducting Trans port
213
Destruction of Arms Ammunition and Provisions
214
General Devastation
215
Assault Siege and Bombardment 155 Assault Siege and Bombardment when lawful
216
Assault how carried out
218
Bombardment how carried out
220
Espionage and War Treason SWT rtot 159 Twofold Character of Espionage and War Treason
222
Espionage in contradistinction to Scouting and Despatch bearing
223
Punishment of Espionage
225
War Treason
226
Ruses 163 Character of Ruses of War
227
Stratagems in contradistinction to Perfidy
229
Occupation of Enemy Territory 166 Occupation as an Aim of Warfare
230
Occupation when effected
233
Occupation when ended
236
Rights of the Occupant regarding the Inhabitants
238
Position of Government Officials and Municipal Functionaries during Occupation
243
CHAPTER IV
246
Lawful and Unlawful Practices of Sea Warfare
247
Objects of the Means of Sea Warfare
248
Declaration of Paris 200
249
The Principle of Appropriation of Private Enemy Vessels and Enemy Goods thereon
252
Codification of Law of Sea Warfare
254
Attack and Seizure of Enemy Vessels
255
Importance of Attack and Seizure of Enemy Vessels
256
Attack how effected
258
182a Submarine Contact Mines
259
Duty of giving Quarter
261
Effect of Seizure
262
Immunity of Vessels charged with Religious Scientific or Philanthropic Mission
264
Immunity of Merchantmen at the Outbreak of War on their
266
Conduct of Prize to Port of Prize Court
272
Competence to conclude Capitulations
317
Partial Armistices
323
ect
325
How Legitimate Warfare is to a certain extent secured
331
Reprisals admissible for every Illegitimate Act of Warfare
337
Hostilities in Arms by Private Individuals
345
Modern Practice of taking Hostages
351
END OF WAR AND POSTLIMINIUM
356
Peace Negotiations
362
Principle of Uti Possidetis
368
Postliminium
374
PART III
381
CHAPTER I
383
Neutrality during the Middle Ages
384
Neutrality during the Seventeenth Century
385
Progress of Neutrality during the Eighteenth Century
386
First Armed Neutrality
390
The French Revolution and the Second Armed Neutrality
391
Neutrality during the Nineteenth Century
393
Neutrality in the Twentieth Century
395
8XCT TAB
398
Characteristics of Neutrality 293 Conception of Neutrality
400
Neutrality an Attitude of Impartiality
401
Neutrality an Attitude creating Rights and Duties
402
Neutrality an Attitude of States
403
No Cessation of Intercourse during Neutrality between Neutrals and Belligerents
404
Neutrality an Attitude during War Neutrality in Civil War
405
Neutrality to be recognised by the Belligerents
406
Different Kinds of Neutrality 300 Perpetual Neutrality
408
General and Partial Neutrality
409
Benevolent Neutrality
410
Perfect and Qualified Neutrality
411
Some Historical Examples of Qualified Neutrality
412
Commencement and End of Neutrality 307 Neutrality commences with Knowledge of the War
413
Commencement of Neutrality in Civil War
414
Municipal Neutrality Laws
415
British Foreign Enlistment Act
416
End of Neutrality
417
CHAPTER II
419
SECT PAOB 315 Rights and Duties of Neutrals contested
420
Contents of Duty of Impartiality
422
Duty of Impartiality continuously growing more intense before the World War
423
Contents of Duty of Belligerents to treat Neutrals in accordance with their Impartiality
424
Neutrals and Military Operations
428
Hostilities by and against Neutrals
429
Furnishing Troops and MenofWar to Belligerents
432
Subjects of Neutrals fighting among Belligerent Forces
433
Passage of Troops and War Material through Neutral Territory
434
Passage of Wounded through Neutral Territory
436
Passage of MenofWar
437
Occupation of Neutral Territory by Belligerents
438
Prize Courts on Neutral Territory
439
Belligerents Prizes in Neutral Ports
440
Neutrals and Military Preparations
442
Depots and Factories on Neutral Territory
443
Passage of Bodies of Men intending to Enlist
444
Organisation of Hostile Expeditions
445
Building and Fittingout of Vessels intended for Naval Opera tions
451
The Alabama Case and the Three Rules of Washington
453
Neutral Asylum to Land Forces War Material and Airmen 336 On Neutral Asylum in general
456
Neutral Territory and Prisoners of War
459
Neutral Territory and Fugitive Troops 400
462
Mia Neutral Territory and Belligerent Airmen
463
Asylum to Naval Forces in contradistinction to Asylum to Land Forces
464
Neutral Asylum to Naval Forces optional
465
Asylum to Naval Forces in Distress
466
Exterritoriality of MenofWar during Asylum
467
Facilities to MenofWar during Asylum 409
469
MOT PAOS 348 Neutral MenofWar as an Asylum
471
348a Neutral Territory and Shipwrecked Soldiers and Sailors
473
Neutral Territory and Shipwrecked War Material
477
Supplies and Loans to Belligerents 349 Supply on the part of Neutrals
480
Supply on the part of Subjects of Neutrals
481
Loans and Subsidies on the part of Neutrals
484
Loans and Subsidies on the part of Subjects of Neutrals
485
V1L Services to Belligerents 353 Pilotage
487
Transport on the part of Neutrals
488
Transport on the part of Neutral Merchantmen and by Private Neutral Rolling Stock
489
Violation of Neutrality
492
Violation of Neutrality in tho Narrower and in the Wider Sense of the Term
494
Consequences of Violations of Neutrality
495
Cases of The General Armstrong and The Dresden
497
Mode of exacting Reparation from Belligerents for Violations of Neutrality
499
Negligence on the part of Neutrals
502
Right of Angary 364 The Original Right of Angary
503
The Modern Right of Angary
506
Right of Angary concerning Neutral Rolling Stock
509
CHAPTER III
511
Blockade Strategic and Commercial
513
Blockade Outwards and Inwards
514
What Places can be Blockaded
515
Length of Time for Egress of Neutral Vessels
521
Breach of Blockade
528
When Ingress is not considered Breach of Blockade 634
535
CHAPTER IV
545
Articles conditionally Contraband
552
Direct Carriage of Contraband
566
403a The Declaration of London concerning the Doctrine of Contin
573
Penalty according to the Declaration of London for Carriage
581
Transmission of Intelligence to the Enemy
592
Seizure of Enemy Persons and Despatches without Seizure
599
Right of Visitation by whom when and where exercised
605
ucr paot 419 Stopping of Vessels for the Purpose of Visitation
609
Visit
610
Search
611
421a Bringing Vessels into Port for Search
612
What constitutes Resistance
613
Sailing under Enemy Convoy equivalent to Resistance
614
Resistance by Neutral Convoy
615
Deficiency of Papers
616
Double and False Papers
617
428a Call at an Enemy Port of a Vessel with Neutral Destination
618
Grounds and Mode of Capture
619
Destruction of Neutral Prizes
623
Ransom and Recapture of Neutral Prizes
624
Release after Capture
625
Trial of Captured Neutral Vessels 434 Trial of Captured Vessels a Municipal Matter
626
Result of Trial
630
Protests and Claims of Neutrals after Trial
632
CHAPTER VII
634
German Project of 1907
636
Convention XII of the Second Hague Conference
637
H The Hague Project for an International Prize Court 442 The Court
638
Competence
639
What Law to be applied
641
Action in Damages instead of Appeal
642
Present Position of the Hague Project
643
INDEX
645
Hostile Destination essential to Contraband 557
649
Contraband Vessels 662
666

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Common terms and phrases

Popular passages

Page 24 - Disputes as to the interpretation of a treaty, as to any question of international law, as to the existence of any fact which if established would constitute a breach of any international obligation, or as to the extent and nature of the reparation to be made for any such breach, are declared to be among those which are generally suitable for submission to arbitration or judicial settlement.
Page 38 - If a State so invited shall refuse to accept the obligations of membership in the League for the purposes of such dispute, and shall resort to war against a Member of the League, the provisions of Article 16 shall be applicable as against the State taking such action.
Page 454 - First, to use due diligence to prevent the fitting out, arming, or equipping, within its jurisdiction, of any vessel which it has reasonable ground to believe is intended to cruise or to carry on war against a power with which it is at peace...
Page 37 - Assembly, if concurred in by the Representatives of those Members of the League represented on the Council and of a majority of the other Members of the League, exclusive in each case of the Representatives of the parties to the dispute...
Page 106 - To conduct their operations in accordance with the laws and customs of war. In countries where militia or volunteer corps constitute the army, or form part of it, they are included under the denomination "army.
Page 92 - The right of belligerents to adopt means of injuring the enemy is not unlimited.
Page 343 - A belligerent is forbidden to force the inhabitants of territory occupied by it to furnish information about the army of the other belligerent or about its means of defence.
Page 344 - Convention for the adaptation to maritime warfare of the principles of the Geneva Convention of August 22, 1864.
Page 591 - If, to the knowledge of either the owner, the charterer, or the master, she is transporting a military detachment of the enemy, or one or more persons who, in the course of the voyage, directly assist the operations of the enemy.
Page 561 - Articles intended for the use of the vessel in which they are found, as well as those intended for the use of her crew and passengers during the voyage.

References from web pages

JSTOR: International Law: A Treatise.
BOOK REVIEWS AND NOTES International Law: A Treatise. By L. Oppenheim. Vol. I. Peace. (8th edition; ed. by ii. Lauterpacht. ...
links.jstor.org/ sici?sici=0002-9300(195507)49%3A3%3C426%3AILAT%3E2.0.CO%3B2-2

Internet Archive: Details: International Law-A Treatise
International Law-A Treatise (1940). Author: L.Oppenheim Language: English. This book cannot be viewed because it is under review by the Million Books ...
www.archive.org/ details/ InternationalLawATreatise

International Law: A Treatise (work by Oppenheim) -- Britannica ...
Oppenheim's most important book is International Law: A Treatise, 2 vol. (190506), in which he elaborated an international jurisprudence based on specific ...
www.britannica.com/ eb/ topic-291064/ International-Law-A-Treatise

The New Oppenheim and its Theory of International Law
twentieth century is Lassa Oppenheim's International Law: A Treatise that was ... Lassa Oppenheim, International Law: A Treatise (3rd edn, rf Roxburgh ed, ...
ojls.oxfordjournals.org/ cgi/ reprint/ 16/ 2/ 329.pdf

O'Connell, Daniel Patrick (1924 - 1979) Biographical Entry ...
... came to be regarded as the chief rival to Lauterpacht's edition of Lassa Oppenheim's work, International Law, a Treatise, published ten years earlier. ...
www.adb.online.anu.edu.au/ biogs/ A150596b.htm

International Law and the Holocaust
L. Oppenheim, International Law: A Treatise, 292, p. 509, n. 4 (H. Lauterpacht,. 5. th. ed., 1937). 4. Letter from US Secretary of State Hay, dated August ...
www.ushmm.org/ research/ center/ publications/ occasional/ 2003-10-28/ paper.pdf

Superior orders and the International Criminal Court: Justice ...
L. Oppenheim, International Law: A Treatise, Vol. 2, 1906, p. 264, 5. The Llandovery Castle Case, Annual Digest 1923-1924, Case No. ...
www.icrc.org/ web/ eng/ siteeng0.nsf/ html/ 57JQ7H

Sovereign Inequalities and Hierarchy in Anarchy: American Power ...
[crossref]; Oppenheim, L. (1920) International Law: A Treatise (3rd edn. 2 vols). ... Oppenheim, L. (1955) International Law: A Treatise (8th edn. 2 vols). ...
ejt.sagepub.com/ cgi/ content/ refs/ 12/ 2/ 139

No Rights without Remedy: in Search of an ICHR
[6] Oppenheim International Law: A Treatise (8th ed., by H. Lauterpacht, 1955), in ibid., p.5. [7] Lauterpacht (1968), pp.69-70. ...
www.eumap.org/ journal/ features/ 2002/ jan02/ remedy

The shady status of the spy.(Law) - Journal, Magazine, Article ...
Select a Category, Online Courses, Business Encyclopedias, Industry & Marketing Reports, Business News, Company Profiles, Business Plans ...
goliath.ecnext.com/ coms2/ summary_0199-3642835_ITM

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