International Law: A Treatise, Volume 2

Lassa Oppenheim

Longmans, Green and Company, 1921 - International law

Contents

• SECT: xlv
• International Commissions of Inquiry: 5
• Value of Good Offices and Mediation: 11
• What Differences can be decided by Arbitration: 17
• Arbitral Justice in general: 19
• Costs of Arbitration: 25
• Retorsion how exercised: 31
• 10: 35
• Objects of Reprisals: 37
• Reprisals during Peace in contradistinction to Reprisals during: 52
• Value of Pacific Blockade: 53
• Civil: 59
• Different Kinds of: 65
• Ends of: 74
• The Laws of War SECT PAGE 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
• General Effects of the Outbreak of: 97
• Asserted Exclusion of the Baltic Sea from the Region of War: 98
• The Belligerents 74 Qualification to become a Belligerent facultas bellandi: 99
• Possibility in contradistinction to Qualification to become a Belligerent: 100
• Insurgents as a Belligerent Power: 101
• Principal and Accessory Belligerent Parties: 102
• The Armed Forces of the Belligerents 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: 115
• Enemy Character 87 On Enemy Character in general: 116
• Enemy Character of Individuals: 117
• Enemy Character of Goods: 128
• Transfer of Enemy Vessels: 130
• Transfer of Goods on Enemy Vessels: 133
• CHAPTER II: 136
• Declaration of War: 138
• Ultimatum: 140
• Initiative hostile Acts of War: 141
• 100a Persona standi in judicio on Enemy Territory: 143
• Intercourse especially Trading between Subjects of Belli: 152
• Twofold Character of Espionage and War Treason: 159
• CHAPTER III: 166
• Expanding DumDum Bullets: 172
• The Wounded and the Sick: 181
• Captivity SECT PAGE 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 Public Property: 198
• Utilisation of Public Buildings: 199
• Moveable Public Property: 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 Belligerents Territory: 206
• Requisitions and Contributions: 207
• War must support War: 208
• Requisitions in Kind and Quartering: 209
• Contributions: 210
• 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
• 640: 222
• ee333: 227
• Convoys of Evacuation: 229
• Occupation when ended: 236
• Position of Government Officials and Municipal Functionaries: 243
• 82: 246
• Development of International Law regarding Private Property: 249
• Attack and Seizure of Enemy Vessels: 255
• Duty of giving Quarter: 261
• Immunity of Merchantmen at the Outbreak of War on their: 266
• Conduct of Prize to Port of Prize Court: 272
• Loss of Prize especially Recapture: 278
• 11: 282
• Treatment of the Dead: 284
• The Wounded Sick and Shipwrecked: 285
• Espionage Treason Ruses: 291
• Interference with Submarine Telegraph Cables: 297
• AIR WARFARE: 299
• Licences to Trade: 305
• Abuse of Flag of Truce: 311
• Competence to conclude Capitulations: 317
• Contents of Duty of Belligerents to treat Neutrals in accordance: 318
• 13: 320
• Partial Armistices: 323
• Passage of Wounded through Neutral Territory: 324
• SECT PAGE: 325
• 15: 327
• How Legitimate Warfare is to a certain extent secured: 331
• 17: 335
• Reprisals admissible for every Illegitimate Act of Warfare: 337
• 18: 344
• Hostilities in Arms by Private Individuals: 345
• Modern Practice of taking Hostages: 351
• On Termination of War in general: 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
• 21: 397
• SECT PAGE 398 Carriage of Contraband Penal by the Municipal Law of Belli: 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
• British Foreign Enlistment Act: 416
• End of Neutrality: 417
• CHAPTER II: 419
• 328a The Case of The Appam: 428
• Neutrals and Military Preparations: 442
• The Alabama Case and the Three Rules of Washington: 453
• Fugitive Soldiers and Deserters on Neutral Territory: 459
• Exterritoriality of MenofWar during Asylum: 467
• SECT PAGE 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
• 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 357 Violation of Neutrality in the Narrower and in the Wider Sense of the Term: 493
• Violation in contradistinction to End of Neutrality: 494
• Consequences of Violations of Neutrality: 495
• Neutrals not to acquiesce in Violations of Neutrality com mitted by a Belligerent: 496
• 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: 501
• 363a Laying of Submarine Contact Mines by 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 to be Universal: 514
• What Places can be Blockaded: 515
• Establishment of Blockade: 518
• Condition of Effectiveness of Blockade: 524
• The Former Practice as to what constitutes an Attempt to break: 530
• Passage through Unblockaded Canal no Breach of Blockade: 536
• The Isolation of the Central Empires during the World orld War: 542
• Absolute and Conditional Contraband and Free Articles: 548
• Hostile Destination essential to Contraband: 557
• gerents: 563
• Direct Carriage of Contraband: 566
• Indirect Carriage of Contraband Doctrine of Continuous Transports: 568
• Continental Support to the Doctrine of Continuous Transports: 571
• 403a The Declaration of London concerning the Doctrine of Contin uous Voyages and the Practice during the World War: 573
• Consequences of Carriage of Contraband: 576
• Capture for Carriage of Contraband: 577
• Penalty for Carriage of Contraband according to the Practice hitherto prevailing: 578
• Penalty according to the Declaration of London for Carriage of Contraband: 581
• 406a Seizure of Contraband without Seizure of the Vessel: 583
• CHAPTER V: 585
• Carriage of Persons for the Enemy: 586
• Transmission of Intelligence to the Enemy: 592
• Unneutral Service creating Enemy Character: 594
• Consequences of Unneutral Service 411 Capture for Unneutral Service: 596
• Seizure of Enemy Persons and Despatches without Seizure of Vessel: 599
• 413a Seizure of Enemy Reservists during the World War: 601
• CHAPTER VI: 604
• Right of Visitation by whom when and where exercised: 605
• Only Private Vessels may be visited: 606
• No Universal Rules regarding Mode of Visitation: 609
• Contraband Vessels 562: 649

Popular passages

Page 32 - 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 29 - Any war or threat of war, whether immediately affecting any of the Members of the League or not, is hereby declared a matter of concern to the whole League, and the League shall take any action that may be deemed wise and effectual to safeguard the peace of nations.

Page 31 - 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 98 - 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 84 - The right of belligerents to adopt means of injuring the enemy is not unlimited.

Page 94 - Council is a de facto belligerent government clothed with proper authority to direct the military and political affairs of the Czecho-Slovaks.

Page 32 - If both parties to the dispute when so invited refuse to accept the obligations of membership in the League for the purposes of such dispute, the Council may take such measures and make such recommendations as will prevent hostilities and will result in the settlement of the dispute.

Page 346 - A belligerent party which violates the provisions of the said Regulations shall, if the case demands, be liable to pay compensation. It shall be responsible for all acts committed by persons forming part of its armed forces.

Page 543 - ... (2) 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.

Page 230 - The authority of the legitimate power having in fact passed into the hands of the occupant, the latter shall take all the measures in his power to restore, and ensure, as far as possible, public order and safety, while respecting, unless absolutely prevented, the laws in force in the country.

Bibliographic information

• Title: International Law: A Treatise, Volume 2; International Law: A Treatise, Lassa Oppenheim
• Author: Lassa Oppenheim
• Editors: Ronald Francis Roxburgh, Sir Ronald Roxburgh
• Edition: 3
• Publisher: Longmans, Green and Company, 1921