International Law: A Treatise, Svazek 1

Přední strana obálky
Longmans, Green and Company, 1920

Vyhledávání v knize

Obsah

Development of the Law of Nations after Grotius
63
The period 18561874
76
Common Doctrine regarding Succession of International Persons 144
81
States in Real Union
87
Forerunners of Grotius
98
Grotius
100
Zouche
103
The Naturalists
104
The Positivists
105
The Grotians
107
Treatises of the Nineteenth and Twentieth Centuries
109
The Science of the Law of Nations in the Nineteenth and Twentieth Centuries as represented by Treatises
114
Collections of Treaties
118
Bibliographies
120
PART I
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
135
Recognition under Conditions
136
Recognition timely and precipitate
137
State Recognition in contradistinction to other Recognitions
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 Persons
143
The Union between Suzerain and Vassal State
162
Vicarious in contradistinction to Original State Responsi
164
Selfgoverning Dominions
169
Belgium
175
Rivers State Property of Riparian States
176
The Holy
181
European States
188
International Personality a Body of Qualities
194
Natural and Artificial Boundaries
198
Rank of States
200
Independence and Territorial and Personal Supremacy
206
Restrictions upon Personal Supremacy
213
The Occupation of Juarez 1919
219
Conception and Character of Intervention
221
Intervention by Right
226
Admissibility of Intervention in default of 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
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
Original and Vicarious State Responsibility
244
Essential Difference between Original and Vicarious Responsi
245
Subjects of International Delinquencies 153 State Organs able to commit International Delinquencies
247
Negligence
248
No International Delinquency without Malice or Culpable 155 Objects of International Delinquencies 248
250
Legal Consequences of International Delinquencies III 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
253
Internationally Injurious Acts of Judicial Functionaries 163 Internationally Injurious Acts of Administrative Officials and Military and Naval Forces
255
CHAPTER IV
264
The Constitution of the League
270
167g The Permanent Secretariat
277
1671
284
Defects and Merits of the Constitution of the League
291
CHAPTER I
305
Canals
311
Boundary Waters
313
Maritime Belt
332
How nonExtradition of Political Criminals became the Rule
333
Zone for Revenue and Sanitary Laws
340
Territorial Gulfs and Bays
346
The Air and Aerial Navigation
352
Boundary Mountains
360
Subjects of State Servitudes
366
Modes of acquiring State Territory
372
Conception of State Territory
374
Form of Cession
378
Conception of Occupation
384
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
L088 of State Territory 244 Six Modes of losing State Territory
403
Operation of Nature
404
Dereliction
405
15
407
Practical Expression of Claims to Maritime Sovereignty
409
Grotius Attack on Maritime Sovereignty
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 Parts 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
Powers of MenofWar over Merchantmen of all Nations
428
How Verification of Flag is effected
430
How Search is effected
431
Shipwreck and Distress on the Open Sea
432
Conception of Piracy
434
Piracy according to Municipal Law
440
Fisheries around the Faröe Islands and Iceland
446
287d The proposed Channel Tunnel
453
Individuals Objects of the Law of Nations
460
Different Kinds of Territory
464
Nationality and Emigration
467
Five Modes of Acquisition of Nationality
468
Acquisition of Nationality through Naturalisation
469
Reception of Aliens and Right of Asylum 314 No Obligation to admit Aliens
488
Reception of Aliens under Conditions
489
Socalled 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
502
Extradition no Legal Duty
503
Municipal Extradition Laws
506
Extraditable Crimes
508
Effectuation and Condition of Extradition
509
The Russian Project of 1881
517
CHAPTER I
527
Consideration due to Monarchs at Home
534
The Institution of Legation
539
Kinds and Classes of Diplomatic Envoys
545
Combined Legations
551
Observation
557
384
559
Reason and Fictional Character of Exterritoriality
563
Immunity of Domicile
564
Exemption from Criminal Jurisdiction
568
Exemption from Subpoena as Witnesses
569
Exemption from Police
570
Exemption from Taxes and the like
571
Selfjurisdiction
572
Position of Diplomatic Envoys as regards Third States 397 Possible Cases
573
Limitation of Inviolability
574
Envoy found by Belligerent on Occupied Enemy Territory
576
Envoy interfering with Affairs of a Third State
577
Privileges of Members of Legation
578
Privileges of Private Servants
579
Privileges of Family of Envoy
580
Termination of Diplomatic Mission 406 Termination in contradistinction to Suspension
581
Accomplishment of Object of Mission
582
Promotion to a Higher Class
584
Constitutional Changes
585
Extinction of sending or receiving State
586
CHAPTER III
588
General Character of Consuls
590
Consular Organisation 420 Different Kinds of Consuls
591
Consular Districts
592
Qualification of Candidates
594
Consular Privileges
601
CHAPTER IV
607
Consequences of Occupation
611
Occasions for Menofwar Abroad
613
Agents lacking Diplomatic or Consular Character
616
Public Political Agents
617
Spies
618
Commissaries
619
Bearers of Despatches
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
471e Central Liquor Office
629
The Permanent Council
630
The Court of Arbitration
631
The Proposed International Prize Court and the Proposed International Court of Justice 476a The Proposed International Prize Court
634
Monarchs in the Service or Subjects of Foreign Powers
637
PART IV
639
CHAPTER I
641
Purpose of Negotiation
643
End and Effect of Negotiation
644
Conception of Congresses and Conferences
645
Parties to 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 494 The Treatymaking Power
656
Treatymaking Power exercised by Heads of States or their Governments
657
Minor Functionaries exercising 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
Acts Conventions Declarations etc
665
Parts of Treaties
666
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
533
685
Expiration and Dissolution of Treaties 534 Expiration and Dissolution in contradistinction to Fulfilment
686
Expiration through Resolutive Condition
687
Extinction of One of the Two Contracting Parties
694
Authentic Interpretation and the Compromise Clause
701
Protocol of the Congress of AixlaChapelle
707
19141918
734
19181920
744
Accretion
773
Consuls subordinate to Diplomatic Envoys 593
777
Withdrawal by Notice 687
779
Presidents of Republics
780
Presidents not Sovereigns
792
Vital Change of Circumstances 688
798

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Strana 51 - 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.
Strana 268 - 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...
Strana 270 - ... the Members of the League which are co-operating to protect the covenants of the League.
Strana 263 - 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.
Strana 277 - ... make provision to secure and maintain freedom of communications and of transit and equitable treatment for the commerce of all Members of the League.
Strana 272 - 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.
Strana 273 - 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.
Strana 216 - The Contracting Powers agree not to have recourse to armed force for the recovery of contract debts claimed from the Government of one country by the Government of another country as being due to its nationals.
Strana 261 - With the approval of the majority of the Assembly, the Council may name additional Members of the League whose Representatives shall always be members of the Council; the Council with like approval may increase the number of Members of the League to be selected by the Assembly for representation on the Council.
Strana 262 - The council may deal at its meetings with any matter within the sphere of action of the league or affecting the peace of the world.

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