The Theory of State Succession: With Special Reference to English and Colonial Law

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Waterlow and Sons, Limited, 1907 - International law - 101 pages

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Page 78 - It may not be unworthy of remark, that it is very unusual, even in cases of conquest, for the conqueror to do more than to displace the sovereign and assume dominion over the country. The modern usage of nations, which has become law, would be violated; that sense of justice and of right which is acknowledged and felt by the whole civilized world would be outraged, if private property should be generally confiscated, and private rights annulled. The people change their allegiance; their relation...
Page 79 - An Englishman in Ireland, Minorca, the Isle of Man, or the plantations, has no privilege distinct from the natives. The 5th, that the laws of a conquered country continue in force, until they are altered by the conqueror: the absurd exception as to pagans, mentioned in Calvin's case, shews the universality and antiquity of the maxim.
Page 36 - Criminal actions pending on the date mentioned before the Supreme Court of Spain against citizens of the territory which by this treaty ceases to be Spanish shall continue under its jurisdiction until final judgment ; but, such judgment having been rendered, the execution thereof shall be committed to the competent authority of the place in which the case arose.
Page 35 - Civil suits between private individuals which may on the date mentioned be undetermined shall be prosecuted to judgment before the court in which they may then be pending, or in the court that may be substituted therefor.
Page 78 - Had Florida changed its sovereign by an act containing no stipulation respecting the property of individuals, the right of property in all those who became subjects or citizens of the new government would have been unaffected by the change.
Page 35 - Judgments rendered either in civil suits between private individuals, or in criminal matters, before the date mentioned and with respect to which there is no recourse or right of review under the Spanish law, shall be deemed to be final, and shall be executed in due form by competent authority in the territory within which such judgments should be carried out.
Page 34 - House be asked to reverse its own decision. . . . that a decision of this House upon a question of law is conclusive, and that nothing but an Act of Parliament can set right that which is alleged to be wrong in a judgment of this House.
Page 69 - Though we doubt whether the duties of an annexing State towards those claiming under concessions or contracts granted or made by the annexed State have been defined with such precision in authoritative statement, or acted upon with such uniformity in civilized practice, as to warrant their being termed rules of international law...
Page 85 - On the 14th of August, 1878, a supplementary agreement was signed, giving to Her Britannic Majesty for the term of the occupation full powers for making laws and conventions for the government of the island in Her Majesty's name, and for the regulation of its commercial and consular relations and affairs, free from the Porto's control.
Page 13 - ... the international law sought to be applied must, like anything else, be proved by satisfactory evidence, which must show either that the particular proposition put forward has been recognized and acted upon by our own country, or that it is of such a nature, and has been so widely and generally accepted, that it can hardly be supposed that any civilized state would repudiate it.

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