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

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

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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

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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.
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.
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.
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.
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.
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.
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.
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?
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...
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.

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