A Treatise on International Law

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Clarendon Press, 1890 - 788 páginas
 

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26 Forms of recognition
93
441
94
Effects of cession upon the contract rights and obliga
102
Division of the subject
107
40
113
Effects of treaties
114
Cases illustrative of the law of occupation
115
Prescription I 21
121
38 Protectorates over uncivilised and semicivilised peoples
127
2
131
Private property in places not within the jurisdiction
146
Loss of property acquired by capture
152
1
162
Immunities of a foreign sovereign
188
Whether the tribunals of a state can take cognizance
206
Whether troops can be furnished to a belligerent under
215
Rights of giving and refusing hospitality
218
CHAPTER IV
220
Use of neutral territory by a belligerent as the base
221
50
224
71
225
52
231
The questions arising out of sovereignty in relation
241
places not within the territory of any power
243
Limits of the jurisdiction of a state over its merchant
249
Illustrative cases
261
Permissible action within the territory of states which
268
Selfpreservation
269
Protection of subjects abroad
275
CHAPTER VIII
281
History of usage and opinion
284
92
286
489
290
CHAPTER IX
294
Reasons for discarding the fiction of exterritoriality
314
CHAPTER XI
361
Pacific blockade
369
COMMENCEMENT OF
374
Negative effects of the commencement of war
382
182
388
CHAPTER II
394
What persons may be made prisoners of war
403
Ransom and exchange
409
CHAPTER III
416
1
426
SECTION
430
CHAPTER IV
462
Extent of the rights of a military occupant
469
Practice in administrative matters
475
The effect of the expulsion of an invader by a power
488
CHAPTER VI
496
How property becomes affected with an enemy character
502
14
509
How the special law of neutrality has been formed
514
Regular forces of the state and privateers
526
Cartels
548
Capitulations
550
Safeguards
553
CHAPTER IX
557
Dates from which hostilities cease on conclusion of a treaty
559
Acts done before the commencement of the war
561
Acts done during the war
562
Acts of war done subsequently to the conclusion of peace
563
Termination of war by simple cessation of hostilities
564
Conquest
565
Effects of conquest
566
Difference between the effect of cession and conquest
571
CHAPTER I
574
Their rights
581
Neutral duty in the latter part of the century accord
591
Expeditions combined outside neutral territory from
609
Usage and existing
617
Duty of a neutral state to procure redress for injuries
623
Reparation by a neutral state for permitted violation
629
General principles of the
636
Heads of
643
243
662
Clothing money metals
669
CHAPTER V
675
Wherein their carriage differs from that of contraband
681
BLOCKADE
685
CHAPTER VII
687
SECTION PAGE 257 In what blockade consists
696
Institution of a blockade and how a neutral becomes affected with a knowledge of its institution
697
Authority under which a blockade may be established
703
Conflicting theories on the subject
708
Conditions under which vessels lying in a port when it is placed under blockade can come out
709
What acts constitute a breach of blockade
712
Penalty of breach
715
Blockade of a river partly in neutral territory
716
CHAPTER IX
717
Course of usage and present state of the question
718
Liability of neutral to incidental loss from capture
721
CHAPTER X
724
Whether convoyed ships can be visited
725
Mode of conducting vizit
732
When capture takes place
734
on ground of fraudulent acts
738
Duties of a captor
739
Diplomatic agents found within enemy juris
742
Conditions of the nationality of vessels fixed by
746
Papers carried by vessels in evidence of their nation
753
Conditions upon which naturalisation can be acquired
759
List of Cases
769
Officers in command of armed forces of the state
772
POSTLIMINIUM
777
General conditions of the legality of intervention 282
779
525
782
Territorial sovereignty as source of neutral
785

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Página 184 - States as before defined ; and in every case in which any process issuing out of any court of the United States shall be disobeyed or resisted by any person or persons having the custody of any vessel of war, cruiser, or other armed vessel of any foreign prince...
Página 448 - Any Spanish merchant vessel which prior to April 21, 1898, shall have sailed from any foreign port bound for any port or place in the United States shall be permitted to enter such port or place and to discharge her cargo, and afterwards forthwith to depart without molestation; and any such vessel, if met at sea by any United States ship, shall be permitted to continue her voyage to any port not blockaded.
Página 352 - Powers, signed a' declaration affirming it to be " an essential principle of the law of nations that no Power can liberate itself from the engagements of a treaty, nor modify the stipulations thereof, unless with the consent of the contracting parties by means of an amicable arrangement.
Página 185 - ... In such case, without any express declaration waiving jurisdiction over the army to which this right of passage has been granted, the sovereign who should attempt to exercise it would certainly be considered as violating his faith. By exercising it, the purpose for which the free passage was granted would be defeated, and a portion of the military force of a foreign independent nation would be diverted from those national objects and duties to which it was applicable, and would be withdrawn from...
Página 704 - 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.
Página 1 - International law sary to law consists in certain rules of conduct which modern civilized states regard as being binding on them in their relations with one another with a force comparable in nature and degree to that binding the conscientious person to obey the laws of his country, and which they also regard as being enforceable by appropriate means in case of infringement.
Página 352 - that it is an essential principle of the law of nations that no power can liberate itself from the engagements of a treaty, nor modify the stipulations thereof, unless with the consent of the contracting powers by means of an amicable arrangement.
Página 332 - ... erect or maintain any fortifications commanding the same, or in the vicinity thereof, or occupy, or fortify, or colonize, or assume or exercise any dominion over Nicaragua, Costa Rica, the Mosquito coast, or any part of Central America...
Página 609 - 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.
Página 229 - Whereas the right of expatriation is a natural and inherent right of all people, indispensable to the enjoyment of the rights of life, liberty, and the pursuit of happiness...

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