Introduction to the Study of International Law

Theodore Dwight Woolsey

C. Scribner's sons, 1879 - International law - 526 pages

Contents

• Actual international law what?: 5
• Of the Suspension and Close of War especially of Truce and Peace: 7
• Definition of jus naturale by Grotius: 11
• 20a 3 Is there a right of punishing other states?: 21
• Custom and free assent alike sources of international law Thus moral: 28
• Stages in the development of international: 31
• Minor differences in the views of different nations concerning: 32
• Uncertainty and want of authority in international: 33
• Importance of the history of international law 35 Method pursued in this work PART I: 34
• Essential attributes of a state Sovereignty independence equality all included in sovereignty May be parted with by confederated and by protected stat...: 37
• Obligations not affected by change of government: 38
• All forms of government legitimate in the view of international: 39
• It knows only governments de facto: 40
• Same subject continued: 41
• Assistance to provinces in revolt unlawful but aid to another state against rebellion lawful: 42
• Noninterference the rule but with exceptions Interference when jus tified: 43
• Interference to preserve the balance of power: 44
• 45 Historical illustrations of such interference: 45
• Interference to prevent revolutions: 46
• Instances of such interference in the French revolution The Holy Al liance Congress of TroppauLaybach Congress of Verona: 47
• 53 Property of states what in international law?: 53
• The Monroe doctrine: 56
• 49 Results of an attempt to establish a law of interference in the internal affairs of states: 58
• Freedom of the high seas and of fishery there Fishery question: 59
• 65 Individual aliens entitled to protection Right of asylum of innocent: 65
• 71 Domicil what?: 71
• Crimes committed in a foreign country: 76
• Criminals escaping into a foreign country Extradition: 77
• 78 Extradition continued: 78
• 79 Political crimes: 79
• 80 Appendix Case of Martin Koszta: 80
• 81 General comity between nations: 81
• 82 Respect for the reputation of another state The Hülsemann affair: 82
• 83 Treatment of foreign sovereigns etc Ceremonial of courts Diplo matic correspondence of states: 83
• Ceremonial of the sea Forms of politeness there: 84
• Disputes in Cent XVII concerning ceremonies at: 85
• Persons appointed to manage the intercourse between nations: 86
• Origin of the privilege of ambassadors: 87
• Temporary and resident ambassadors: 88
• Is there any obligation to receive ambassadors: 89
• Right of sending ambassadors: 90
• 91 Privileges of ambassadors 1 Their inviolability 2 Their exterritoriality as 1 Immunity from criminal 2 From civil jurisdiction: 91
• Immunity of their hotel and goods without right of asylum for crim inals: 92
• Freedom from imposts: 93
• 94 Freedom of private worship: 94
• 95 Privileges of ambassadors family and train His power over his suite: 95
• Limits of his immunity ambassador engaging in trade committing great crimes: 96
• Relations of an ambassador to a third power: 97
• Rank of ambassadors ceremonial termination of their mission: 98
• Consuls Origin of the consular office Consuls of the Middle Ages: 99
• Functions of consuls Their jurisdiction out of Christendom Their privileges and status Their privileges in nonChristian countries Who can serve as co...: 100
• Jural capacity: 109
• Effects of war Nonintercourse with the enemy License to trade: 123
• Enemys property within a belligerent country: 124
• Have all in each hostile state a right to wage war?: 125
• Treatment of enemys property on land and sea compared: 126
• Forces employed in war especially on the sea Privateers: 127
• Evils of privateering Testimony to these evils Endeavors to stop it by treaty Declaration of Paris 1856 Attitude of the United States: 128
• Restrictions on privateering to prevent its evils: 129
• Laws and usages of war somewhat vague yet improving Causes of this amelioration: 130
• 131 Fundamental rules of: 131
• Retaliation: 132
• Special rules 1 As to weapons and ways of injuring an enemys per son 2 Allowable weapons in war 3 Breach of faith tations to crime Solici: 133
• 4 Treatment of captured persons especially of soldiers 5 Treat ment of irregular troops: 134
• 6 Of noncombatants and their property Usages of the Romans of the Middle Ages etc of the Thirty Years War of the time of Louis XIV of Frederic...: 135
• Summing: 136
• 7 Of public property: 137
• 8 Sieges and storms of forts and towns: 138
• Laws of war on the: 139
• 140 Commercia belli: 140
• Spies: 141
• Attempts to ameliorate the practice of war on land The Brussels Con ference: 142
• Civil wars Wars with savages: 143
• Pirates and their treatment: 144
• Are crews of rebels vessels pirates?: 145
• Is the slavetrade piracy?: 146
• Capture in general especially from enemies: 147
• Property in prizes how and when begun?: 148
• Complete title given by a court: 149
• Ransom of captured vessels Hostages to secure ransom: 150
• 151 Recapture Rights of the original owner Jus postliminii: 151
• Rewards for capture and recapture Salvage Its amount: 152
• Effects of temporary conquests: 153
• Intercourse in war 1 For the purposes of: 154
• 2 Licenses and safe conducts: 155
• Truce or armistice: 156
• 157 Time when a truce begins End of a truce: 157
• Peace what? Of treaties of peace in general Language used in treaties: 158
• 159 Restrictions on the power to make peace: 159
• Effect of treaties of peace: 160
• 161 Continued: 161
• Time when a treaty begins to be binding: 162
• Doctrine of neutrality of modern growth Neutrals who? of neutrality Permanent neutrality Armed neutrality: 163
• Obligation of neutrals to be impartial: 164
• 165 To stand aloof from both parties: 165
• To be humane to both Gradations: 166
• The neutral may admit into his ports war vessels of both belligerents: 167
• Treaty obligations to do this: 168
• What neutrals may not: 169
• Case of the Alabama: 170
• Cases doubtful or disputed Passage of troops: 171
• 172 The neutral furnishing troops: 172
• 173 What may a neutrals subjects: 173
• 174 Rights of neutrals Case of the Caroline 175 Continues: 174
• Municipal laws enforcing neutrality: 176
• PART II: 177
• British foreign enlistment act of 1870: 178
• Relation of neutrals to the parties in an internal: 179
• Recognition of belligerency: 180
• Right of stopping trade of neutrals with revolted territories: 181
• Importance of questions touching rights of neutral trade: 182
• Who are neutrals and what is neutral property?: 183
• General principles as to liability of goods to capture: 184
• Nationality of goods and vessels as affecting their liability to capture: 185
• 116 Rightfulness of war For what may war be undertaken: 186
• Justice of the rules respecting neutral trade considered: 187
• Former practice in regard to neutral trade: 188
• Historical illustrations: 189
• Declaration attached to the Peace of Paris in 1856: 191
• Neutral property in armed enemies vessels: 192
• 119 Pacific blockade: 193
• 194 What goods are contraband in the usage of nations: 194
• Results as to deciding what articles are contraband traband Occasional con: 195
• Is it just and sanctioned by usage Opinions in respect to: 196
• Preemption English practice in cases of preemption: 197
• Penalty for contraband at sea Treaty modifying the penalty: 198
• Neutrals carrying the enemys despatches Case of the Trent: 199
• Declaration of war continued: 200
• 201 The same subject continued: 201
• 202 Blockade What places can be blockaded? ade unlawful? Validity of a blockade unlawful Why is a breach of block Paper or cabinet blockade: 202
• Evidence of a blockade What is due notice? ance of a blockade: 203
• French and English practice as to notification What is a discontinu: 204
• Penalty for breach of blockade Duration of liability to penalty: 205
• Attempts to stretch the rules of blockades Berlin decree Orders in Council Milan decree British Orders in Council of 1809: 206
• Continuous voyages: 207
• The right of search Its narrow limits Duty of submitting to it Treaties often regulate the right: 208
• Is there a right of convoy? Historical illustrations: 209
• Its justice considered: 210
• Neutrals under belligerent convoy: 211
• 212 Search during peace to execute revenue laws: 212
• Search on suspicion of piracy: 213
• Search of vessels on the high sea suspected of hostile designs Case of the Virginius: 214
• Search of foreign vessels suspected of being slavers unauthorized: 215
• But conceded by treaties between most of the European states Ex amples of such treaties: 216
• Obligations of the United States in regard to the slavetrade Resolu tions of Congress February 28 1823 Negotiations in England and Convention of 1...: 217
• 218 Treaty of Washington in 1842 Practice under the treaty: 218
• What does the right of search mean? Doctrine held by the United States New discussion concerning the right in 1858 1859 New ar rangements with ...: 219
• 220 Nationality of vessels a legitimate matter for inquiry in peace: 220
• Right of search for her seamen claimed by Great Britain: 221
• DEFECTS SANCTIONS PROGRESS AND PROSPECTS OF INTERNATIONAL: 222
• Compromissory arbitration: 406
• APPENDIX I: 413
• APPENDIX II: 430
• List of the principal treaties especially of political ones since the Reformation: 498
• Interference in the Belgic revolution of 1830: 513

Bibliographic information

• Title: Introduction to the Study of International Law
• Author: Theodore Dwight Woolsey
• Edition: 5
• Publisher: C. Scribner's sons, 1879
• Original from: the University of Virginia
• Digitized: Nov 11, 2008
• Length: 526 pages