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

Front Cover
D. Van Nostrand, 1861 - 907 pages
 

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Contents

The Customary law of nations
48
21 The Roman civil law
55
Effect of a union of several states
68
CHAPTER IV
81
CHAPTER V
97
FACE
101
Rank of republics
103
General rules established by textwriters
109
Difficulties in the application of these rules
117
Examples of alienation by sale
119
CHAPTER VII
147
Laws of trade and navigation
159
Over real property
166
Private vessels in foreign ports
173
jj35 Of foreign judgments and documentary evidence
180
Sponsions and their ratification
182
Treatymaking power of a state
189
CHAPTER IX
200
Full power to negotiate
230
By expiration of term or by promotion
236
JIT Can afford no refuge from civil process
239
22 Origin of difference of powers
256
23 Same system extended to China
257
25 Act of parliament
258
Treaty between France and China
259
28 French laws and regulations
260
29 Treaty between the United States and China
261
30 Remarks of United States commissioner on this treaty
262
31 Act of congress for carrying it into effect
263
32 Decree of United States commissioner in China
265
33 Controversies between subjects of foreign states in China
266
34 Mr Cushings opinion on this subject
267
CHAPTER XI
270
6 Acts of private citizens
274
If such acts be ratified
275
Pretended emigration and expatriation
277
Duties of mutual respect
278
11 Failure in respect not always an insult
279
Right to trade
280
Declining commercial intercourse
281
16 Imperfect duties
282
21 Duties of humanity 285
285
Each one to determine whether it will grant them
286
Rule and measure of such offices 28V 25 Duty of international friendship
287
CHAPTER XII
289
Amicable accommodation
291
Rejection of offers of mediation
292
Arbitration
294
Retortion
295
Retaliation
296
Ill Nature of reprisals
297
J12 General and special reprisals
298
Positive and negative reprisals
299
Seizure of the thing in dispute
300
Reprisals upon persons
301
Seizure and punishment of the individuals offending
302
Case of McLeod
303
21 Opinion of Mr Webster 304
304
22 The New York decision not authority
305
Opinions of European publicists
306
26 General effect of reprisals seizures and embargoes
307
Sir William Scotts opinion of the embargoes of 1803
308
CHAPTER XIII
311
?9 Opinion of Grotius
317
f20 That war is necessarily injurious to public morals
323
Different kinds of Wart
329
Mixed wars
344
CHAPTER XV
350
CHAPTER XVI
381
11 Use of privateers
391
CHAPTER XVII
411
Remarks on character and effect of such alliances
417
Tatters opinion
423
Rule of reciprocity
444
The real property of a belligerent state
446
Public libraries and works of art
453
War in the Spanish peninsula
459
Laying waste a country
465
Enemys Property on the High Seat
471
Contract made in peace and shipment in war
477
If neutral consignor become an enemy during voyage
479
Acceptance in transitu by neutral consignee
480
Change of ownership by stoppage in transitu
481
Transfer of enemys ships to neutrals 483
483
t16 Rules of such transfer
484
IT Character of ships and goods how deduced
486
382
487
Documentary proofs of ownership
488
Laws of different states
489
Decisions of French prize courts 490
490
Exemption of vessels of discovery
492
Of 6shing boats
493
In cases of shipwreck etc
494
CHAPTER XXI
496
Exceptions
498
4 Cases of attempt to evade it
499
Withdrawal from enemys country at beginning of war
500
Distinction between cases of domicil and mere residence
501
1 Necessity of a license discussed
502
Decisions in the United States
503
Where order of shipment cannot be countermanded
504
12 Vessels liable to capture during continuous voyage
505
Share of partner in neutral house
506
Transfer of ships
507
Regularity of papers not conclusive 607
508
Effect of acceptance of a license from the enemy
509
Possessions and colonies of the enemy
511
CHAPTER XXII
513
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
16 Breach of blockade a criminal act
548
What constitutes a public notification
549
Effect of general notoriety 650
550
When presumption of knowledge may be rebutted 551
551
Proof of actual knowledge or warning
552
An attempt to enter
553
24 Inception of voyage
554
In case of de facto blockades
555
Where presumption of intention cannot be repelled 656
557
Declarations of master 667
558
Disregard of warning 659
560
When egress is allowed
561
Penalty of breach of blockade 662
563
37 Duration of offense
565
Hautefeuilles theory of the law of blockades
566
CHAPTER XXIV
569
Destination need not be immediate to enemys port
576
Differences of opinion among textwriters Mt J 14 Views of Grotius and others
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
636
585
Intended use deduced from destination 686
587
Preemption 688
588
26 British rule of preemption 689
589
28 Insurance on articles contraband of war
590
CHAPTER XXV
592
Visitation and search in time of war
606
11 English views as to extent of this right
607
Limitations imposed by continental publicists C08 14 Force may be used in the exercise of this right
609
But must be exercised in a lawful manner
610
Penalty for contravention of this right
611
Rule of insurance
612
Ships of war exempt from search C12 19 Merchant ships under their convoy
613
Treaties respecting neutral convoy
614
Opinions of publicists
615
Neutral vessels under enemys convoy
617
Resistance of master on cargo
620
Neutral property in armed enemy vessel
621
Concealment of papers
623
384
624
Impressment of seamen from neutral vessels
625
American rule as defined by Webster
626
CHAPTER XXVI
628
Rule of evidence with respect to neutral goods in enemy ships
639
15 Neutral goods in such vessel
640
CHAPTER XXVII
652
Renewal of hostilities
660
Cartels for prisoners
666
539
667
Recapture of ransomed vessel and ransom bill
672
Suits on contracts of ransom
673
Change of national character during voyage
683
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
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
Of complete conquest 719
719
Of B particular trade
720
This differs from domicil
721
National character of ships and goods
722
386 387 388
727
CHAPTER XXXI
748
Prize courts in general
754
In conquered territory
760
When jurisdiction may be inquired into
766
CHAPTER XXXII
775
Writings of publicists 19
776
Right of insurrection in war
795
Transfer of territory to neutrals
801
Examples from modern history
807
Subjugation of an entire state
814
Rule varied by treaty and by municipal law
821
Under the United States
827
Peace the end and object of war
844
General character and effects of such treaty
850
Upon individuals
856
Effect of peace on former treaties
862
jl Right of postliminy defined 865
865
Town3 and provinces 8il
873
Setting forth as a vessel of war
880
22 Special rules of military salvage
886
t28 By native and allied armies in native ports
892

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Common terms and phrases

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Page 539 - 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.
Page 190 - 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.
Page 316 - 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.
Page 391 - 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.
Page 538 - 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.
Page 537 - 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.
Page 390 - 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.
Page 829 - 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?
Page 525 - 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...
Page 829 - 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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