International Law: Or, Rules Regulating the Intercourse of States in Peace and War

Henry Wager Halleck

H. H. Bancroft, 1861 - Počet stran: 907

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History of International Law 1 Division of the subject 2 International law among the Jews 3 Among the ancient Greeks and Romans 4 The jus gentiu...	1

Distinction between enemys property on land and on the high seas2	2

The real property of a belligerent state	3

Title to such property acquired during war	4

Who may become purchasers	5

Object of declaration in defensive war	10

If neutral consignor become an enemy during voyage	11

Acceptance in transitu by neutral consignee	12

That the benefits of a war are more than counterbalanced by its evils	326

CHAPTER XIV	328

By historians	330

Wars of insurrection and revolution	331

Wars of opinion	332

National wars	333

Wars of intervention	334

For the preservation of the balance of power	335

Change of ownership by stoppage in transitu	13

National character of goods	14

Transfer of enemys ships to neutrals	15

Rules of such transfer	16

Character of ships and goods how deduced	17

In case of famine	18

Documentary proofs of ownership	19

Laws of different states	20

Decisions of French prize courts	21

Exemption of vessels of discovery	22

Of fishing boats	23

In cases of shipwreck etc PAGE	24

Vienna	26

Questions of international law during that period	27

Decisions of judicial tribunals	29

From the Congress of Vienna to the Treaty of Washington	30

Questions of international law during that period	32

United States	36

Questions agitated in Europe	37

Textwriters and judicial opinions	38

Diplomatic and legislative discussions	40

CHAPTER II	42

The Conventional law of nations	47

The Customary law of nations	48

Divisions of the positive law of nations by Wolfius and Vattel	49

Distinction between absolute rights rights of comity and private rights	50

How far its rules are obligatory	51

Violations of its rules how punished	52

General sources of international law	53

Justice as a source and test	54

The Roman civil law	55

Decision of courts of prize	56

Adjudications of mixed tribunals	57

Decisions of local courts	58

Reason of the authority of textwriters	59

Treaties and international compacts	60

State papers and diplomatic correspondence	61

CHAPTER III	63

Nor feudal vassalage and paying tribute	66

They may impair or destroy sovereignty	67

Effect of a union of several states	68

A real union	69

When a mere confederation	70

When a composite state	71

Semisovereign states	72

A state involved in civil war	73

Independence of a revolted colony or province	74

Recognition of such independence	75

State sovereignty how lost	76

CHAPTER IV	81

CHAPTER V	97

Royal honors	101

Emperors and kings	102

Rank of republics	103

Usage of the alternat	104

Language of diplomatic intercourse and treaties	105

How regulated	106

In foreign ports and on the high seas	107

Treaties respecting salutes etc	108

General rules established by textwriters	109

Salutes between ships and forts	110

Ships in foreign ports	112

Regulations as to salutes in the British navy	113

French naval regulations	114

Spanish regulations	115

United States army and navy regulations	116

Difficulties in the application of these rules	117

May be avoided by making all salutes international	118

CHAPTER VI	119

PAGE 283	127

By deeds of gift and bequest	129

Extent of Maritime territory	130

Extent of the terms coasts and shores	131

Ownership of islands	132

Principle of the kings chambers	133

Claims to contiguous portions of the sea	134

Danish sound dues	135

Questions of mareclausum and mareliberum	136

Black sea how far a mareclausum	137

Navigable rivers within or bounding on a state	138

Changes in rivers or lakes dividing states	139

Effect of such changes on boundaries	140

Navigable rivers passing through several states	141

This right may be modified by compact	142

Of other European rivers	144

Navigation of the Mississippi	145

CHAPTER VII	147

Laws of trade and navigation	159

Laws of bankruptcy	160

Law of treason and other crimes	161

Jurisdiction with respect to actions	162

Jurisdiction of a state over its own citizens	163

Over alien residents	164

Over real property	166

Distinction between contracts inter vivos and causa mortis	167

Between assignments in bankruptcy and voluntary assignments	169

Jurisdiction over public and private vessels on the high seas	170

Public armed vessels and their prizes in foreign ports	171

Private vessels in foreign ports	173

Extradition of criminals	174

Extra territorial operation of a criminal sentence	175

Conclusivenes of foreign judgments in rem	176

Foreign courts how far exclusive judges of their own jurisdiction	177

Proof of foreign laws	178

Proof of foreign contracts and instruments	179

Of foreign judgments and documentary evidence	180

CHAPTER VIII	182

This right how affected by civil war	184

Conditional reception of a diplomatic agent	185

What department of government may send and receive such agents	186

Right of negotiation and treaty	187

Treaties by semisovereign and dependent states	188

Treatymaking power of a state	189

360	193

Other divisions of treaties	195

Equal and unequal treaties	196

Treaties of confederation and association	197

Treaties of amity or friendship	198

CHAPTER IX	200

Modern classification	202

Ambassadors legates and nuncios	203

Ministers and ministers resident	204

Chargés daffaires 205	205

Messengers and couriers	206

Domestics and servants	207

General immunities of public ministers	209

Exemption from local jurisdiction	210

In case of plotting against local government	211

In case of owing allegiance	213

In case of voluntary submission to local jurisdiction	214

Extent of such civil jurisdiction	215

Extent of such criminal jurisdiction	217

Public ministers how punished	218

Their dependents how punished	220

Full power to negotiate	230

Notification of his appointment	231

His passports and safeconduct	232

Passage through other states	233

Termination of public missions 334	235

By expiration of term or by promotion	236

Dismissal of a public minister	237

Duty of respect to local authorities	238

CHAPTER X	239

If exequatur be issued to a citizen without conditions	246

Opinions of textwriters	247

United States laws respecting foreign consuls	249

Duties and powers respecting their own countrymen	251

They have no civil or criminal jurisdiction	252

Certificates acknowledgements etc	253

Origin of difference of powers	256

Same system extended to China	257

Act of parliament	258

Treaty between France and China	259

French laws and regulations	260

Treaty between the United States and China	261

Remarks of United States commissioner on this treaty	262

Act of congress for carrying it into effect	263

Decree of United States commissioner in China	265

Controversies between subjects of foreign states in China	266

Mr Cushings opinion on this subject	267

CHAPTER XI	270

Acts of private citizens	274

If such acts be ratified	275

Pretended emigration and expatriation	277

Duties of mutual respect	278

Failure in respect not always an insult	279

Right to trade	280

Declining commercial intercourse	281

Imperfect duties	282

285	285

CHAPTER XII	289

291	291

294	294

300	300

CHAPTER XIII	311

To secure what belongs or is due to us	313

To punish an agression	314

Difficulty in ascertaining the real causes of a war	315

Opinion of Grotius	317

The motives of a war	318

Pretexts or alleged reasons	319

Opinions of the early fathers of the church on war	320

Dr Waylands objection that war is forbidden by the bible	321

That even defensive war is not justifiable	322

That war is necessarily injurious to public morals	323

That men being rational beings should never resort to force	324

That one party is necessarily in the wrong	325

Historical examples	336

Treaty of Paris and congress of Vienna in 1814 and 1815	337

British views of armed intervention	338

By invitation of the contending parties	339

To stay the effusion of blood	340

Public wars	343

Mixed wars	344

Perfect and imperfect wars	345

Effect of subsequent ratification	346

Lawful and unlawful wars	347

31 Individual liability for acts of hostility	348

CHAPTER XV	350

Modern practice of unilateral declaration	352

When this may be dispensed with	354

Conditional declaration	355

United States Constitution on suspension of writ of habeas corpus	375

CHAPTER XVI	381

Implements of war	398

Use of poisoned weapons	399

Assassination of an enemy	400

Surprises	401

Stratagems	402

Use of a false flag at sea	404

Deceitful intelligence	405

Employment of spies	406

Cases of Hale and André	407

Rewarding traitors	409

Intestine divisions of enemys subjects	410

CHAPTER XVII	411

Allies not necessarily associates in a war	413

How distinguished	414

The casus foederis of an alliance	415

Offensive alliances	416

Remarks on character and effect of such alliances	417

Treaties of succor if the war be unjust	418

Subsidy and succor not necessarily causes of war	419

Remarks of Vattel on subsidytreaties	420

CHAPTER XVIII	425

CHAPTER XIX	446

451	451

453	453

456	456

462	462

CHAPTER XX	468

Enemys Property on the High Seas 1 Distinction between enemys property on land and on the high seas	471

477	477

487	487

Trade with the Enemy 1 Property of subjects and allies engaged in trade with the enemy liable to confiscation 2 Exceptions	496

CHAPTER XXII	513

Qualified neutrality	514

Advantages and resulting duties of neutrality	516

Hostilities not allowed within neutral jurisdiction	517

Pretended exception to inviolability of neutral territory	519

Opinions of European and American publicists	520

Belligerent vessels in neutral ports	522

Presumptive right of entry	523

Belligerent ships and troops in neutral ports and territory	524

Loans of money by neutrals	526

Passage over neutral waters	527

Municipal laws in favor of neutrality	528

Of Great Britain	529

Protection of neutral inviolability	530

Claim for restitution	531

Power and jurisdiction of federal courts	532

Purchasers in foreign ports	533

CHAPTER XXIII	535

A maritime blockade does not affect interior communications	546

Effect of a siege upon communications by sea	547

Breach of blockade a criminal act	548

What constitutes a public notification	549

Effect of general notoriety	550

When presumption of knowledge may be rebutted	551

Proof of actual knowledge or warning	552

An attempt to enter	553

Inception of voyage	554

In case of de facto blockades	555

Where presumption of intention cannot be repelled	556

Neutral vessel entering in ballast	557

Delay in obeying warning	558

Disregard of warning	559

Violation of blockade by egress	560

When egress is allowed	561

Penalty of breach of blockade	562

When cargo is excepted from condemnation	563

Duration of offense	565

Hautefeuilles theory of the law of blockades	566

CHAPTER XXIV	569

Return voyage	574

If not contraband at time of seizure	575

Destination need not be immediate to enemys port	576

Differences of opinion among textwriters	577

Of modern publicists	578

Ancient treaties and ordinances	580

Modern treaties and ordinances	581

Conflicting decisions of prize courts	582

There is no fixed universal rule	583

Implements and munitions of war	583

Manufactured articles	584

97	586

Provisions	587

Preemption	588

British rule of preëmption	589

Insurance on articles contraband of war	590

CHAPTER XXV	592

Rules different for different kinds of property	619

CHAPTER XXVI	628

Maxims of free ships free goods and enemy ships enemy goods	634

CHAPTER XXVII	652

658	658

660	660

CHAPTER XXX	672

CHAPTER XXVIII	675

Change of national character during voyage	683

License does not act retrospectively	689

CHAPTER XXIX	691

Evidence to repel this presumption	708

Other public officers	709

A wife minor student and servant	710

A soldier prisoner exile and fugitive	711

Effect of municipal laws on domicil	712

Of treaties and customary law	713

Temporary residence for collection of debts	714

Native character easily reverts	715

Leaving and returning to native country	716

Belligerent subjects during war	717

Effect of military occupation	718

2 7 7 8 9	719

Of a particular trade	720

This differs from domicil	721

National character of ships and goods	722

11	724

Of maritime captures	725

To whose benefit they enure	727

Where prizes must be taken	729

Constructive captures by public vessels of war	730

When actual sight is not necessary	731

Antecedent and subsequent services	732

Mere association not sufficient	733

Vessels detached from fleet	734

By public ships of allies	735

Constructive captures not allowed to privateers	736

Revenue cutters under letters of marque	737

By prize masters	738

Public vessels of war and privateers etc	739

Distribution of prize to joint captors	740

Collusive captures	741

Forfeiture of claims to prize	742

Liability of captors for damages and costs	743

Of commanders of fleets and vessels	745

Of owners of privateers	746

CHAPTER XXXI	748

Must be tried by prize court of captor	749

CHAPTER XXXII	775

Of the conqueror	793

Right of revolution	795

Punishing military insurrections	796

Historical examples	797

Alienations of territory occupied by an enemy	798

Alienations made in anticipation of conquest	799

Private grants so made	800

Transfer of territory to neutrals	801

Effect of military occupation on incorporeal rights	803

Debts due to the government of the territory occupied	804

If former government be restored	805

Examples from ancient history	806

Examples from modern history	807

CHAPTER XXXIII	810

English law on this subject	822

American decisions	823

Laws of the conquered territory	824

Conquered territory under British laws	825

Under the United States	827

446	829

CHAPTER XXXIV	844

Rights of Postliminy and Recapture	865

Guarantees and securities	896

Duration of guarantees and withdrawal of pledges	897

Dissolution and termination of treaties	898

Effect of loss of sovereignty	899

Remarks of Kent and Wheaton on the interpretation of treaties	900

Of Vattel	901

Collision of stipulations	902

Rules of Rutherforth	903

Of Paley	904

Minute rules of other writers	905

Importance of wellestablished principles	906

Další vydání - Zobrazit všechny

International Law: Or, Rules Regulating the Intercourse of States in Peace ...
Henry Wager Halleck
Úplné zobrazení - 1861

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Běžně se vyskytující výrazy a sousloví

ac Pac ambassador applied authority belligerent Bello blockade British Burlamaqui Bynkershoek capture character citizens civil Conflict of Laws consuls contraband contract courts Cranch Cussy declaration Derecho Internacional Derecho Pub Diplo Diplomatie domicil Droit Commercial Droit des Gens Droit International Droit Maritime Duer duties Elem enemy enemy's entitled Europe exempt foreign France French Grotius Guide Diplomatique Hautefeuille Heffter high seas Hist hostile Insurance international law jurisdiction jurisprudence Kent Kluber Law of Nations laws of war Martens Massé ment Merlin military municipal Nations Neutres nature neutral offense officers opinion Ortolan party peace Phillimore Polson port Precis du Droit principle Puffendorf punishment question Repertoire residence respect Riquelme rule Russia salute says ship sovereign sovereignty stipulations territory tion trade Traité treaty tribunals United Universal Public Law usage Vattel verb vessel violation Wheaton Wildman

Oblíbené pasáže

Strana 537 - 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.

Objevuje se u 751 knih od 1803-2007.

Strana 188 - But when the terms of the stipulation import a contract, when either of the parties engages to perform a particular act, the treaty addresses itself to the political, not the judicial department; and the legislature must execute the contract before it can become a rule for the Court.

Objevuje se u 304 knih od 1829-2006.

Strana 314 - And the soldiers likewise demanded of him, saying, And what shall we do? And he said unto them, Do violence to no man, neither accuse any falsely; and be content with your wages.

Objevuje se u 741 knih od 1755-2008.

Strana 389 - And that the private property of the subjects or citizens of a belligerent on the high seas shall be exempted from seizure by public armed vessels of the other belligerent, except it be contraband.

Objevuje se u 102 knih od 1830-2005.

Strana 536 - It is impossible for Her Majesty to forego the exercise of her right of seizing articles contraband of war, and of preventing Neutrals from bearing the Enemy's despatches, and she must maintain the right of a belligerent to prevent Neutrals from breaking any effective blockade which may be established with an adequate force against the Enemy's forts, harbours, or coasts. But Her Majesty will waive the right of seizing Enemy's property laden on board a neutral vessel, unless it be contraband of war.

Objevuje se u 91 knih od 1829-2000.

Strana 535 - That, in order to determine what characterizes a blockaded port, that denomination is given only to that where there is, by the disposition of the power which attacks it, with ships stationary or sufficiently near, an evident danger in entering.

Objevuje se u 107 knih od 1798-1978.

Strana 388 - Privateering is and remains abolished; 2. 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.

Objevuje se u 511 knih od 1803-2007.

Strana 827 - the term ' property,' as applied to lands, comprehends every species of title, inchoate or complete. It is supposed to embrace those rights which lie in contract; those which are executory; as well as those which are executed. In this respect the relation of the inhabitants to their government is not changed. The new government takes the place of that which has passed away?

Objevuje se u 95 knih od 1835-1992.

Strana 523 - That if any person shall, within the territory or jurisdiction of the United States, begin or set on foot, or provide or prepare the means for any military expedition or enterprise...

Objevuje se u 175 knih od 1758-2006.

Strana 827 - The modern usage of nations, which has become law, would be violated; that sense of justice and of right which is acknowledged and felt by the whole civilized world would be outraged, if private property should be generally confiscated, and private rights annulled. The people change their allegiance; their relation to their ancient sovereign is dissolved; but their relations to each other, and their rights of property, remain undisturbed.

Objevuje se u 232 knih od 1813-2006.

Bibliografické údaje

Název	International Law: Or, Rules Regulating the Intercourse of States in Peace and War Making of modern law
Autor	Henry Wager Halleck
Vydavatel	H. H. Bancroft, 1861
Zdroj originálu:	Oxfordská univerzita
Digitalizováno	29. září 2006
Délka	Počet stran: 907

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