International Law: A Treatise

Front Cover
Longmans, Green and Company, 1920 - International law - 671 pages
0 Reviews
 

What people are saying - Write a review

We haven't found any reviews in the usual places.

Contents

Conduct
11
Practice recognises Law of Nations as Law
12
Basis of the Law of Nations 11 Common Consent the Basis of Law
14
Common Consent of the Family of Nations the Basis of Inter national Law
16
States the Subjects of the Law of Nations
17
Equality an Inference from the Basis of International Law
18
Sources of the Law of Nations 15 Source in contradistinction to Cause
19
The two Sources of International Law
20
Custom in contradistinction to Usage
21
Treaties as Source of International Law
22
Factors inflr jncing the Growth of International Law
23
Relations between International and Municipal
24
KCT PIOI 20 Essential Difference between International and Municipal Law
25
21a Law of Nations and British and American Municipal Law
26
Certain Rules of Municipal Law necessitated or interdicted
28
Presumption against Conflicts between International and Muni cipal Law
29
Presumption of the Existence of certain Municipal Rules in conformity with Rights granted by the Law of Nations
30
Dominion of the Law of Nations 26 Range of Dominion of International Law controversial
31
Three Conditions of Membership of the Family of Nations
32
Present Range of Dominion of the Law of Nations
33
Treatment of States outside the Family of Nations
36
Codification of the Law of Nations 30 Movement in favour of Codification
37
Work of the First Hague Peace Conference
40
Value of Codification of International Law contested
42
Merits of Codification of International Law
44
How Codification could be realised
46
CHAPTER II
48
38 The Jews
49
The Greeks
52
The Romans
54
No Need for a Law of Nations during the Middle Ages
56
The Fifteenth and Sixteenth Centuries
58
Development of the Law of Nations after Qrotius 43 The Time of Grotius
63
The period 16481721
68
The period 18161856
71
19141918
87
19181920
91
Seven Lessons of the History of the Law of Nations
93
KT 52 Forerunners of Grotius
98
Grotius
100
Zouche
103
The Naturalists
104
The Grotians
107
Treatises of the Nineteenth and Twentieth Centuries
114
fiussian Government 1910 Z V iv 309 115
115
6a Collections of Treaties
118
Bibliographies
120
THE SUBJECTS OF THE LAW OF NATIONS
123
CHAPTER I
125
Conception of the State
126
Notfull Sovereign States
127
Divisibility of Sovereignty contested
129
Meaning of Sovereignty in the Eighteenth Century
131
Result of the Controversy regarding Sovereignty
133
Recognition of States as International Persons 71 Recognition a Condition of Membership of the Family of Nations
134
Mode of Recognition
136
Recognition timely and precipitate
137
Pouble CirOo 1885 Moore ii p 227 147 p 241
139
Changes in the Condition of International Persons 76 Important in contradistinction to Indifferent Changes
140
Changes not affecting States as International Persons
141
Changes affecting States as International Persons
142
Extinction of International PersonB
143
BSCT PAGE
144
Pnoleau Untied States v 1866 35 L J Ch 7 82 p
147
Composite International Persons
152
Vassal States
161
Protectorates outside the Family of Nations
168
Switzerland
176
The former Papal States
182
mct
188
International Personality a Body of Qualities
194
United States and Andrew Johnson 1866 L R 2
197
Legal Equality of States
200
Independence and Territorial and Personal Supremacy
206
Restrictions upon Personal Supremacy
213
The Occupation of Juarez 1919
219
HRCT lOE 134 Conception and Character of Intervention
221
Intervention by Right
227
Intervention in the Interest of Humanity
229
The Monroe Doctrine
231
Merits of the Monroe Doctrine
233
Intercourse 141 Intercourse a Presupposition of International Personality
235
Consequences of Intercourse as a Presupposition of International Personality
236
Jurisdiction 143 Jurisdiction important for the Position of the States within the Family of Nations
237
Restrictions upon Territorial Jurisdiction
238
Jurisdiction on the Open Sea
239
CHAPTER III
242
On State Responsibility in general
243
Nature of State Responsibility
244
Essential Difference between Original and Vicarious Responsi bility
245
Subjects of International Delinquencies
246
State Organs able to commit International Delinquencies
247
No International Delinquency without Malioe or Culpable Negligence
248
Objects of International Delinquencies
250
State Responsibility for Acts of State Organs 157 Responsibility varies with Organs concerned
251
Internationally Injurious Acts of Members of Government
252
Internationally Injurious Attitudes of Parliaments
253
Internationally Injurious Acts of Administrative Officials and Military and Naval Forces
255
Vicarious Responsibility for Acts of Private Persons relative
259
1676 The Membership of the League
266
167 The Council
273
The Function of the League
280
167o Reconsideration of Treaties and International Conditions
286
net rise
293
STATE TERRITORY
305
ECT PAGE
311
178a Utilisation of the Flow of Rivers
321
The Suez Canal
327
Rostock The 1915 1 B and C P C 248 1916 2 B and C P C
328
State Property of Maritime Belt contested
333
Zone for Revenue and Sanitary Laws
340
Russian Government Helleld v l 910 Z V iv 309 115 p 197
344
Territorial Gulfs and Bays
346
The Air and Aerial Navigation
352
Natural and Artificial Boundaries
360
Best 1854 14 C B 487 391 p 569
361
Subjects of State Servitudes
366
Who can acquire State Territory T
374
Veto of Third Powers
380
Si Occupation how effected 884
386
Alluvions
392
Subjugation KCT PA OB 236 Conception of Conquest and of Subjugation
394
Subjugation in contradistinction to Occupation
395
Justification of Subjugation as a Mode of Acquisition
396
Consequences of Subjugation
397
Veto of Third Powers
399
Prescription 242 Conception of Prescription
400
Prescription how effected
401
Lost of State Territory 244 Six Modes of losing State Territory
403
Operation of Nature
404
Dereliction
405
CHAPTER II
407
Practical Expression of Claims to Maritime Sovereignty
409
HuUet y Spain King of 1828 2 Bligh N S 310 348 p 532
410
Gradual Recognition of the Freedom of the Open Sea
412
Conception of the Open Sea 252 Discrimination between Open Sea and Territorial Waters
413
Clear Instances of Parte of the Open Sea
414
The Freedom of the Open Sea 254 Meaning of the Term Freedom of the Open Sea
415
Legal Provisions for the Open Sea
416
Freedom of the Open Sea and War
417
Navigation and Ceremonials on the Open Sea
418
Rationale for the Freedom of the Open Sea
420
Jurisdiction on the Open Sea 260 Jurisdiction on the Open Sea mainly connected with Flag
421
Claim of Vessels to sail under a certain Flag
422
Ship Papers
423
Names of Vessels
424
Safety of Traffic on the Open Sea
425
Jassy The 1906 10 Asp 278 450 p 614
428
How Verification of Flag is effeoted
430
How Search is effected
431
Shipwreck and Distress on the Open Sea
432
net ruat
434
Chambers 1852 14 Howard 38 75 p 139
435
Piracy according to Municipal Law
440
Fisheries around the Faroe Islands and Ioeland
446
Agents lacking Diplomatic or Consular Character
452
Acquisition of Nationality through Redintegration
471
Five Modes of losing Nationality
472
Naturalisation in especial
473
Conception and Importance of Naturalisation
474
Object of Naturalisation
475
Krupp Vavasseur v 1878 L R 9 Ch Div 351 115 p 197
476
Naturalisation in Great Britain
480
Double and Absent Nationality 308 Possibility of Double and Absent Nationality
481
Nationality
485
No Obligation to admit Aliens
488
Reception of Aliens under Conditions
489
Sooalled Right of Asylum
490
Position of Aliens after Reception 317 Aliens subjected to Territorial Supremacy
491
Aliens in Eastern Countries
493
Aliens under the Protection of their Home State
494
Protection to be afforded to the Persons and Property of Aliens
495
How far Aliens can be treated according to Discretion
496
Departure from the Foreign Country
497
Expulsion of Aliens 323 Competence to expel Aliens
498
Just Causes of Expulsion of Aliens
499
Expulsion how effected
501
Extradition I
502
Extradition no Legal Duty
503
Municipal Extradition Laws
506
Extraditable Crimes
508
Effectuation and Condition of Extradition
509
ass nam 333 How nonExtradition of Political Criminals became the Rule 612
521
Reactionary Extradition Treaties 622
523
PART III
525
CHAPTER I
527
Competence of Heads of States
529
The Institution of Legation BICT PAOK 358 Development of Legations
539
Right of Legation 360 Conception of Right of Legation
542
What States possess the Right of Legation
543
Right of Legation by whom exercised
544
Kinds and Classes of Diplomatic Envoys 363 Envoys Ceremonial and Political
545
Ambassadors 647
548
Appointment of Diplomatic Envoys 370 Person and Qualification of the Envoy
549
Letter of Credenoe Full Powers Passports
550
Combined Legations
551
Duty to receive Diplomatic Envoys 652
552
Refusal to receive a certain Individual
553
Mode and Solemnity of Reoeption 654
556
Protection
557
Envoys not to interfere in Internal Politics
558
Position of Diplomatic Envoys 384 Diplomatic Envoys Objects of International Law
559
Protection due to Diplomatic Envoys
560
Exterritoriality of Diplomatic Envoys
563
Oct riot 3S9 Reason and Fictional Character of Exterritoriality 663
564
Exemption from Criminal and Civil Jurisdiction 668
569
Exemption from Police 670
570
Garbutt 1890 24 Q B D 368 375 p 553 394
571
Selfjurisdiction 672
572
Bearers
578
Exemption from Criminal Jurisdiction 561
580
Termination of Diplomatic Mission
581
Termination in contradistinction to Suspension 681
582
Promotion to a Higher Class
584
Constitutional Changes
585
Extinction of sending or receiving State
586
CHAPTER III
588
Consular Organisation 420 Different Kinds of Consuls
591
Consular Districts
592
No State obliged to admit Consuls
594
What Kind of States can appoint Consuls
595
Mode of Appointment and of Admittance
596
On Consular Functions in general
597
Protection
598
Notarial Functions
599
Consular Privileges
601
Termination of Consular Office 436 Undoubted Causes of Termination
602
Change in the Headship of States not Cause of Termination
603
Consuls in nonChristian States 439 Position of Consuls in certain nonChristian States
604
Consular Jurisdiction in certain nonChristian States
605
Exceptional Character of Consuls in certain nonChristian States
606
CHAPTER IV
607
Position of Armed Forces Abroad
608
Case of MLeod
609
446a The Casa Blanca Inoident
611
Menofwar State Organs
612
Occasions for Menofwar Abroad
613
MFaddon and OthersExchange They 1812 7 Craneh 116 450
614
Position of Crew when on Land Abroad
616
Limitation of Inviolability 662
617
International Commissions 458 Permanent in contradistinction to Temporary Commissions
620
Commissions in the Interest of Navigation
621
Commissions in the Interest of Sanitation
623
Commissions in the Interest of Foreign Creditors
624
International Offices 463 Character of International Offices
625
International Telegraph Office
626
467a The PanAmerican Union
627
471a Agricultural Institute
628
Heads of States Objects of the Law of Nations
629
Honours and Privileges of Heads of States
630
Sovereignty of Monarchs
631
The Retinue of Monarchs Abroad
633
Deposed and Abdicated Monarchs
634
Monarchs in the Service or Subjects of Foreign Powers
636
PART IV
639
CHAPTER I
641
Purpose of Negotiation
643
End and Effect of Negotiation
644
Conception of Congresses and Conferences
646
Procedure at Congresses and Conferences
647
Transactions besides Negotiation 486 Different Kinds of Transaction
648
Declaration
649
Protest
650
Renunciation
651
CHAPTER II
652
Different Kinds of Treaties
654
Parties to Treaties
656
The Treatymaking Power
657
Minor Functionaries exorcising Treatymaking Power
658
Mutual Consent of the Contracting Parties
659
Freedom of Action of Consenting Representatives
660
Delusion and Error in Contracting Parties
661
Obligations of Contracting Parties only can be Object
662
Illegal Obligations
663
Acta Conventions Declarations etc
664
Parts of Treaties
665
Ratification of Treaties 510 Conception and Function of Ratification
667
Rationale for the Institution of Ratification
668
Ratification regularly but not absolutely necessary
669
Length of Time for Ratification
670
Refusal of Ratification
671
Form of Ratification
672
Ratification by whom effected
673
Ratification cannot be Partial and Conditional
674
Effect of Ratification
676
Effect of Treaties upon Contracting Parties
677
Effect of Changes in Government upon Treaties
678
Means of Securing Performance of Treaties 523 What Means have been in Use
681
Hostages
682
Guarantee
683
Good Offices and Mediation
684
Adhesion
685
Expiration and Dissolution of Treaties 534 Expiration and Dissolution in contradistinction to Fulfilment
686
5Jt Expiration through Resolutive Condition
687
Consuls Bubordinat to Diplomatic Envoys
693
9IOT PAOB
694
Interpretation of Treaties
700
Final Act of the Vienna Congress
706
Treaty of Washington of 1901
712
o8f The Treaty of Peace with Germany
718
368 The Treaty of Peace with Austria
725
Alliances
733
Effect of Treaties of Guarantee
739
Meaning of Coastingtrade in Commercial Treaties
746
Position of Unions after the World War
752
Commerce and Industry
758
Pharmacopoeia
765
Abandoned Riverbeds 393
773
Withdrawal by Notice 687
779
Foreign Offices
781
Vital Change of Circumstances 688
798

Common terms and phrases

Popular passages

Page 52 - And many people shall go and say, " Come ye, and let us go up to the mountain of the Lord, to the house of the God of Jacob ; and he will teach us of his ways, and we will walk in his paths : " for out of Zion shall go forth the law, and the word of the Lord from Jerusalem.
Page 281 - In order to promote international cooperation and to achieve international peace and security by the acceptance of obligations not to resort to war, by the prescription of open, just and honourable relations between nations, by the firm establishment of the understandings of international law as the actual rule of conduct among Governments, and by the maintenance of justice and a scrupulous respect for all treaty obligations in the dealings of organized peoples with one another, Agree to this Covenant...
Page 283 - ... the Members of the League which are co-operating to protect the covenants of the League.
Page 275 - It shall be the duty of the Council in such case to recommend to the several Governments concerned what effective military, naval or air force the Members of the League shall severally contribute to the armed forces to be used to protect the covenants of the League.
Page 232 - In the discussions to which this interest has given rise, and in the arrangements by which they may terminate, the occasion has been deemed proper for asserting, as a principle in which the rights and interests of the United States are involved, that the American continents, by the free and independent condition which they have assumed and maintained, are henceforth not to be considered as subjects for future colonization by any European power.
Page 285 - The Members of the League agree that the manufacture by private enterprise of munitions and implements of war is open to grave objections. The Council shall advise how the evil effects attendant upon such manufacture can be prevented, due regard being had- to the necessities of those Members of the League which are not able to manufacture the munitions and implements of war necessary for their safety.
Page 290 - ... make provision to secure and maintain freedom of communications and of transit and equitable treatment for the commerce of all Members of the League.
Page 286 - The Members of the League severally agree that this Covenant is accepted as abrogating all obligations or understandings inter se which are inconsistent with the terms thereof, and solemnly undertake that they will not hereafter enter into any engagements inconsistent with the terms thereof.
Page 288 - The degree of authority, control or administration to be exercised by the Mandatory shall, if not previously agreed upon by the Members of the League, be explicitly defined in each case by the Council.
Page 291 - Will endeavour to secure and maintain fair and humane conditions of labour for men, women and children, both in their own countries and in all countries to which their commercial and industrial relations extend, and for that purpose will establish and maintain the necessary...

Bibliographic information