Introduction to the Study of International Law: Designed as an Aid in Teaching, and in Historical Studies

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

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 L
34
A state what 1 Pirates no state
36
Essential attributes of a state Sovereignty indepenaence 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
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
Property of states what in international law?
53
The Monroe doctrine 49 Results of an attempt to establish a law of interference in the internal affairs of states
56
Freedom of the high seas and of fishery there Fishery question
59
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
Extradition continued
78
Political crimes
79
Appendix Case of Martin Koszta
80
General comity between nations
81
Respect for the reputation of another state The Hiilsemanu affair
82
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
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
Freedom of private worship
94
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
98 Rank of ambassadors ceremonial termination of their mission
98
99 Consuls Origin of the consular office Consuls of 1he Middle Ages
99
Functions of consuls Their jurisdiction out of Christendom Their privileges and status Their privileges in nonChristian countries Who can serve us 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 nsages of war somewhat vague yet improving Causes of this amelioration
130
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 Solici tations to crime
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
Commercia belli
140
Spies
141
Of Civil Wars Wars with Savages Piracy and the Slavetrade 143 Civil wars Wars with savages
143
Pirates and their treatment
144
Are crews of rebels vessels pirates?
145
Is the slavetrade piracy?
146
2 Licenses and safe conducts
155
Truce or armistice
156
Time when a truce begins End of a truce
157
Peace what? Of treaties of peace in general Language used in treaties
158
Restrictions on the power to make peace
159
Effect of treaties of peace
160
Continued
161
Time when a treaty begins tp be binding
162
Doctrine of neutrality of modern growth Neutrals who? Gradations of neutrality Permanent neutrality Armed neutrality
163
Obligation of neutrals to be impartial
164
To stand aloof from both parties
165
To be humane to both
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
The neutral furnishing troops
172
What may a neutrals subjects
173
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
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
Pacific blockade
192
Contraband of
193
What goods are contraband in the usage of nations
194
Results as to deciding what articles are contraband Occasional con traband
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
The same subject continued
201
Blockade What places can be blockaded? Why is a breach of block ade unlawful? Validity of a blockade Paper or cabinet blockade unlawful
202
Evidence of a blockade What is due notice? What is a discontinu ance of a blockade?
203
French and English practice as to notification
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
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 Virginias
214
Search of foreign vessels suspected of being slavers unauthorized
215
216 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
Treaty of Washington in 1842 Practice under the treaty
218
219 What docs the right of search mean? Doctrine held by the United States New discussion concerning the right in 1858 1859 New ar rangements w...
219
Nationality of vessels a legitimate matter for inquiry in peace
220
Right of search for her seamen claimed by Great Britain
221
DEFECTS SANCTIONS PROQRESS AND PROSPECTS OF INTERNATIONAL
222
Compromissory arbitration
406
Interference in the Belgic revolution of 1830
513
Sanctions of international
521

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Page 55 - In the discussions to which this interest has given rise, and in the arrangements by which they may terminate, the occasion has been judged proper for asserting, as a principle in which the rights and interests of the United States are involved...
Page 324 - The neutral flag covers enemy's goods, with the exception of contraband of war. 3. Neutral goods, with the exception of contraband of war, are not liable to capture under enemy's flag. 4. Blockades, in order to be binding, must be effective — that is to say, maintained by a force sufficient really to prevent access to the coast of the enemy.
Page 55 - ... we could not view any interposition for the purpose of oppressing them, or controlling in any other manner their destiny, by any European power in any other light than as a manifestation of an unfriendly disposition toward the United States.
Page 384 - ... for pursuing it, while a market can be found for slaves, so strong, as that the desired result may be long delayed, unless all markets be shut against the purchase of African negroes ; the parties to this treaty agree that they will unite in all becoming representations and remonstrances, with any and all Powers within whose dominions such markets are allowed to exist ; and that they will urge upon all such Powers the propriety and duty of closing such markets effectually, at once and forever.
Page 330 - But there is nothing in our laws, or in the law of nations, that forbids our citizens from sending armed vessels, as well as munitions of war, to foreign ports for sale. It is a commercial adventure which no nation is bound to prohibit, and which only exposes the persons engaged in it to the penalty of confiscation.
Page 101 - Kingdom, with this qualification, that he shall not, when within the limits of the foreign state of which he was a subject previously to obtaining his certificate of naturalization, be deemed to be a British subject unless he has ceased to be a subject of that state in pursuance of the laws thereof, or in pursuance of a treaty to that effect.
Page 308 - All persons residing within this territory whose property may be used to increase the revenues of the hostile power are, in this contest, liable to be treated as enemies, though not foreigners.
Page 354 - And whereas it frequently happens that vessels sail for a port or place belonging to an enemy, without knowing that the same is...
Page 342 - Ship itself as any other Goods found therein, which by this Treaty are to be esteemed free: neither may they be detained on pretence of their being as it were infected by the prohibited Goods, much less shall they be confiscated as lawful Prize...
Page 496 - Treaty, fish oil and fish of all kinds, (except fish of the inland lakes, and of the rivers falling into them, and except fish preserved in oil,) being the produce of the fisheries of the United States or of the Dominion of Canada, or of Prince Edward's Island, shall be admitted into each country, respectively, free of duty.

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