International Law: Or, Rules Regulating the Intercourse of States in Peace and War (Google eBook)

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D. Van Nostrand, 1861 - International law - 907 pages
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Contents

A real union
69
I22 Recognition of such independence 95
76
By the incorporation of several states into one
79
Rightt of Independence and Selfpreservation I Independence of a sovereign state
81
15 In its judiciary
89
In rewarding ai punishing its own subjects
90
Right of selfpreservation
92
By the rights of others
93
Fortifications and military schools
94
Mr Phillimores basis of this pretended right
95
Such acts are belligerent even when justifiable
96
CHAPTER V
97
Royal honors
101
9 Emperors and kings
102
Rank of republics
103
Usage of the nltcrnat
104
Language of diplomatic intercourse and treaties
105
How regulated
106
In foreign ports and on the high seas
107
Treaties respecting salutes etc
108
General rules established by textwriters
109
22 Salutes between ships and forts g
110
Ships in foreign ports
112
Regulations as to salutes in the British navy f
113
25 French naval regulations is
114
26 Spanish regulations
115
United States army and navy regulations
116
28 Difficulties in the application of these rules
117
May be avoided by making all salutes international
118
CHAPTER VI
119
Extent of Maritime territory
130
g31 Of other European rivers
143
g3 Law of personal property
149
8 Droit daubaine and droit de retraction
155
12 Laws of trade and navigation
159
13 Laws of bankruptcy
160
Law of treason and other crimes
161
Jurisdiction with respect to actions
162
17 Jurisdiction of a state over its own citizens
163
18 Over alien residents
164
19 Over real property
166
Distinction between contracts inter vivos and causa mortis
167
Between assignments in bankruptcy and voluntary assignments
169
24 Jurisdiction over public and private vessels on the high seas
170
Public armed vessels and their prizes in foreign ports
171
Private vessels in foreign ports
173
Extradition of criminals 174
174
29 Extra territorial operation of a criminal sentence
175
31 Conclusivenes of foreign judgments in rem
176
32 Foreign courts how far exclusive judges of their own jurisdiction
177
33 Proof of foreign laws
178
34 Proof of foreign contracts and instruments
179
35 Of foreign judgments and documentary evidence
180
CHAPTER VIII
182
Treatymaking power of a state
189
21 Other divisions of treaties
195
Equal and unequal treaties
196
Treaties of confederation and association
197
Treaties of amity or friendship
198
CHAPTER IX
200
Modern classification
202
Ambassadors legates and nuncios
203
Ministers and ministers resident
204
Charges daffaires
205
Messengers and couriers
206
Domestics and servants
207
12 General immunities of public ministers
209
Exemption from local jurisdiction
210
In case of plotting against local government
211
15 In case of owing allegiance
213
In case of voluntary submission to local jurisdiction
214
17 Extent of such civil jurisdiction
215
Extent of such criminal jurisdiction
217
Public ministers how punished
218
Their dependents how punished
220
Full power to negotiate
230
Notification of his appointment
231
His passports and safeconduct
232
Passage through other states
233
Termination of public missions 334
235
By expiration of term or by promotion
236
Dismissal of a public minister
237
Duty of respect to local authorities 238
238
CHAPTER X
239
Origin of difference of powers
256
Same system extended to China
257
25 Act of parliament
258
Treaty between France and China
259
French laws and regulations
260
Treaty between the United States and China
261
Remarks of United States commissioner on this treaty
262
Act of congress for carrying it into effect
263
Decree of United States commissioner in China
265
Controversies between subjects of foreign states in China
266
Mr Cushings opinion on this subject
267
CHAPTER XI
270
Acts of private citizens
274
If such acts be ratified
275
Pretended emigration and expatriation
277
Duties of mutual respect
278
Failure in respect not always an insult
279
12 Right to trade
280
Declining commercial intercourse
281
Imperfect duties
282
Duties of humanity
285
Each one to determine whether it will grant them
286
Rule and measure of such offices
287
CHAPTER XII
289
Amicable accommodation
291
Rejection of offers of mediation
292
Arbitration
294
Retortion 295
295
Retaliation
296
Nature of reprisals
297
General and special reprisals
298
Embargoes of property found within territory of injured state
307
Sir William Scotts opinion of the embargoes of 1803
308
CHAPTER XIII
311
Opinion of Grotius
317
That war is necessarily injurious to public morals
323
CHAPTER XV
350
CHAPTER XVI
381
Insurgent inhabitants and levies en masse
387
17 Implements of war
398
Use of poisoned weapons
399
Assassination of an enemy
400
Surprises
401
Stratagems
402
Use of a false flag at sea
404
Deceitful intelligence
405
Employment of spies
406
Cases of Hale and Andre
407
Rewarding traitors
409
Intestine divisions of enemys subjects
410
CHAPTER XVII
411
Allies not necessarily associates in a war
413
How distinguished 4i4 6 Hostile alliances
414
7 The casus foederis of an alliance 415
415
8 Offensive alliances
416
Defensive alliances 4lg 10 Remarks on character and effect of such alliances
417
12 Treaties of succor if the war be unjust
418
Subsidy and succor not necessarily causes of war
419
16 Remarks of Vattel on subsidytreaties
420
CHAPTER XVIII
425
Rule of reciprocity
444
Who may become purchasers
449
Exceptions to rule of exemption
457
Useless destruction of enemys property
464
CHAPTER XX
470
21 Decisions of French prize courts
490
CHAPTER XXI
496
Decisions in the United States
503
Effect of acceptance of a license from the enemy
509
Neutrality in war
513
Belligerent vessels in neutral ports
522
Of Great Britain
529
CHAPTER XXIII
535
What constitutes a public notification
549
Effect of general notoriety
550
When presumption of knowledge may be rebutted
551
Proof of actual knowledge or warning
552
An attempt to enter
553
Inception of voyage
554
In case of de facto blockades
555
Where presumption of intention cannot be repelled
556
Neutral vessel entering in ballast
557
Delay in obeying warning
558
Disregard of warning
559
Violation of blockade by egress
560
When egress is allowed
561
Penalty of breach of blockade
562
When cargo is excepted from condemnation
563
Duration of offense
565
Hautefeuilles theory of the law of blockades
566
CHAPTER XXIV
569
If not contraband at time of seizure
575
Modern treaties and ordinances 681
582
Preemption
588
Visitation and search in time of war
606
English views as to extent of this right
607
Limitations imposed by continental publicists
608
Force may be used in the exercise of this right
609
But must be exercised in a lawful manner
610
Penalty for contravention of this right
611
English decision as to effect of convoy
612
Merchant ships under their convoy
613
Treaties respecting neutral convoy
614
Opinions of publicists
615
Neutral vessels under enemys convoy
617
Resistance of master on cargo
620
Neutral property in armed enemy vessel
621
Concealment of papers
623
Use of false papers
624
Impressment of seamen from neutral vessels
625
30 American rule as defined by Webster
626
CHAPTER XXVI
628
Rule of evidence with respect to neutral goods in enemy ships
639
Neutral goods in such vessel
640
Rule of 1756 and rule of 1793
645
CHAPTER XXVII
652
Capitulations
660
Cartels for prisoners
666
Recapture of ransomed vessel and ransom bill
672
PAGE
719
CHAPTER XXXI
748
CHAPTER XXXII
775
ill Of the conqueror
793
Right of revolution
795
Punishing military insurrections
796
Historical examples
797
Alienations of territory occupied by an enemy
798
Alienations made in anticipation of conquest
799
Private grants so made
800
25 Transfer of territory to neutrals
801
Effect of military occupation on incorporeal rights
803
Debts due to the government of the territory occupied
804
If former government be restored
805
?29 Examples from ancient history
806
?30 Examples from modern history
807
CHAPTER XXXIII
810
CHAPTER XXXIV
844
Breach of a treaty of peace
862
Delays etc in carrying treaty into effect
863
War for new cause or for breach of treaty of peace
864
g8 Real property
870
Rights of postliminy modified by treaties and municipal laws
877
Quantum of salvage on recaptures
883
A vessel recaptured by her master and crew
889
Guarantees and securities
893

Common terms and phrases

Popular passages

Page 623 - when I venture to lay it down, that by the law of nations, as now understood, a deliberate and continued resistance to search, on the part of a neutral vessel, to a lawful cruiser, is followed by the legal consequence of confiscation." This penalty is not averted by the orders of the neutral
Page 136 - or crimes committed thereon, or in the waters adjacent thereto, are to be held and deemed to have been done or committed on the high seas, on board a ship or vessel belonging to the United States, and be punished according to the laws of the United States relating to such ships or vessels, and offenses
Page 312 - animo, and it is to be considered as a hostile measure, ab initio, against persons guilty of injuries which they refuse to redeem by any amicable alteration of their measures. This is the necessary course, if no compact intervenes for the restoration of such property, taken before a formal declaration of hostilities.
Page 266 - in China, between citizens of the United States and the subjects of any other government, shall be regulated by the treaties existing between the United States and such governments, respectively, without interference on the part .of China.
Page 609 - equality. It is the common highway of all, appropriated to the use of all, and no one can vindicate to himself a superior exclusive prerogative there. Every ship sails there with the unquestionable right of pursuing her own lawful business without interruption.
Page 686 - cannot, on principle, prevent a suit being brought by the captor directly on the ransom bill." Lord Mansfield considered this contract as worthy to be sustained by sound morality and good policy, and as governed by the law of nations and the eternal rules of justice. Licenses to trade, which properly belong to
Page 128 - the right which belongs to the society or the sovereign, of disposing, in case of necessity and for the public safety, of all the wealth contained in the state." But this definition is obviously defective and incorrect. Chancellor Walworth says:
Page 797 - of the American authorities, nor to hold intercourse •with its inhabitants, nor to trade with them. As regards all other nations, it is a part of the United States, and belongs to them as exclusively as the territory included in our established boundaries.
Page 635 - under heavy suspicions, or there be a vehement presumption of bad faith, or gross prevarication, it is good cause for the denial of further proof; and the condemnation ensues from defects in the evidence, which the party is not permitted to supply. The observation of Lord Mansfield, in Bernard!
Page 339 - any account, to be overlooked, nor ought such a force ever to be thrown into one hand, as to incapacitate the neighboring states from defending their rights against it." (Phillimore, On Int. Law, vol. 1, § 396; Hume, Essays, vol. 2, p. 323; Ortolan, Domaine International, tit. 3;

References from web pages

The Method Behind Bluntschli's "Modern" International Law
Betsy Baker Röben. 249. Journal of the History of International Law 4: 249–292, 2002. ©2002 Kluwer Law International. Printed in the Netherlands. ...
www.springerlink.com/ index/ MG3GEY9FK9F10M15.pdf

Bibliographic information