International Law: A Treatise, Svazek 1

Přední strana obálky
Longmans, Green and Company, 1920

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Obsah

cipal
25
Range of Dominion of International Law controversial
26
Three Conditions of Membership of the Family of Nations
27
Present Range of Dominion of the Law of Nations
28
Treatment of States outside the Family of Nations
29
Movement in favour of Codification
30
Work of the First Hague Peace Conference
31
Work of the Second Hague Peace Conference and the Naval Conference of London
32
Value of Codification of International Law contested
33
Merits of Codification in general
34
Merits of Codification of International
35
How Codification could be realised
36
DEVELOPMENT AND SCIENCE OF THE LAW OF NATIONS
37
40
38
42
42
Development of the Law of Nations before Grotius
48
No Law of Nations in antiquity 38 The Jews
49
The Greeks
52
The Romans 48 49 52
54
91
63
The Time of Grotius
64
The period 16481721
68
The period 18561874
76
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 Condition of Membership of the Family of Nations
134
Mode of Recognition
135
Recognition under Conditions
136
Recognition timely and precipitate
137
American States
138
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
SECT PAGE
144
Composite International Persons
152
Vassal States
161
Vicarious in contradistinction to Original State Responsi
164
17
166
Protectorates outside the Family of Nations
168
SECT
172
Switzerland
176
The former Papal States
182
African States
190
Asiatic States
191
CHAPTER II
192
Jurisdiction
193
Equality Rank and Titles
196
Natural and Artificial Boundaries
198
Legal Equality of States 116 Political Hegemony of Great Powers 117 Rank of States
200
The Alternat
201
Titles of States
202
Dignity
203
Restrictions upon Territorial Jurisdiction
211
PAGE 188
237
189
238
CHAPTER III
242
Military and Naval Forces
255
THE LEAGUE OF NATIONS EMBODYING THE FAMILY OF NATIONS
264
The Constitution of the League
270
167g The Permanent Secretariat
277
Reduction of Armaments
284
Defects and Merits of the Constitution of the League
291
CHAPTER I
305
Boundary Waters
313
Rivers State Property of Riparian States
314
178a Utilisation of the Flow of Rivers
321
183a The Kiel Canal
329
194
332
How nonExtradition of Political Criminals became the Rule
333
Zone for Revenue and Sanitary Laws
340
195
342
Territorial Gulfs and Bays
346
The Air and Aerial Navigation
352
198
360
201
362
202
363
Violations of Independence and Territorial and Personal Supremacy Supremacy
364
204
366
205
367
Conception of State Servitudes
368
206
369
207
370
208
371
209
372
211
374
214
376
215
377
216
378
217
379
218
380
The Occupation of Juarez 1919
381
133c The German Invasion of Luxemburg and Belgium 1914
383
Reason and Fictional Character of Exterritoriality
389
Accretion
390
Subjugation SECT PAGE 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
L088 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 ignty
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
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
SECT PAGE
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
468
Acquisition of Nationality through Naturalisation
469
Acquisition of Nationality through Redintegration
471
Five Modes of losing Nationality
472
Naturalisation in especial
473
Conception and Importance of Naturalisation
474
305
475
Effect of Naturalisation upon Previous Citizenship
476
Naturalisation in Great Britain
480
308
481
Nationality
485
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
Reactionary Extradition Treaties
523
Competence of Heads of States
529
The Institution of Legation
539
Kinds and Classes of Diplomatic Envoys
545
SECT PAGE
547
Combined Legations
551
Observation
557
390
564
Exemption from Criminal Jurisdiction
568
Limitation of Inviolability
574
Privileges of Members of Legation
579
Constitutional Changes
585
Consular Organisation
591
No State obliged to admit Consuls
594
Consular Privileges
601
CHAPTER IV
607
Case of The Caroline 1837
608
Occasions for Menofwar Abroad
613
SECT PAGE 452 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
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
Monarchs in the Service or Subjects of Foreign Powers
684
Adhesion
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
Interpretation of Treaties
700
Final Act of the Vienna Congress
706
The International Air Convention
715
568a Conventions and Declaration of Second Hague Peace Con
731
19141918
734
568c The Arms Trade Convention
774
Consuls subordinate to Diplomatic Envoys
777
Source in contradistinction to Cause
778
Withdrawal by Notice 687
779
Presidents of Republics
780
Presidents not Sovereigns
792
Vital Change of Circumstances 688
798

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