The Law of Nations Considered as Independent Political Communities ...: On the rights and duties of nations in time of war

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University Press, 1863 - International law - 526 pages
 

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Contents

Reprisals
20
Embargo
21
Marque and Contremarque
23
The Admiralty Jurisdiction
26
Reprisals consistent with Peace
27
Negative and Positive Reprisals
29
Special and General Reprisals
30
Sect Pge 163 Exceptions in transactions of good Faith originating in time of Peace 323
32
Reprisals against the Two Sicilies in 1839
33
Reprisals not always lawful
35
Reprisals against PersonsThe Due de Belleisle The Envoys of the Confederate States of America
39
WAE AND ITS CHARACTERISTICS Sect Page 22 War as defined by Grotius
43
hostilities
75
Recall or Dismissal of Resident EnvoysIgnorance of hostilities on the part of Neutrals
76
Effect of War upon individuals
79
Sect Pago Polish EnvoyQueen Elizabeth and the Hanse Towns 239
88
Judgment of Lord Ellenborough in Wolff v Oxholm
105
Gradual Restraint of Private Expeditions on the Sea 375
106
Suspension of Commercial Contracts
108
Debts due by an EnemysovereignTheSilesianLoan The RussianDutch Loan
112
Embargo of Enemyproperty afloat in the ports of a Belligerent
114
Commencement of War with Russia in 1854
116
Immovable property of Enemies in the Territory of a Belligerent
117
Sect Page
119
Usage of Europe in the sixteenth centuryAlbe ricus Gentilis 242
125
Immovable property of EnemysubjectsNational
126
Public EdificesThe Capitol at Washington
132
CHAPTER V
138
Practice of European Powers at the end of the six teenth century 246
144
Customs of the SeaRooles dOleronConsolato
145
Sect Page
152
8a Four systems of Maritime LawThe Natural system
158
EnemyCharacter may attach to Places in the
164
The Parties to the Declaration of Paris
165
The Passport or SeaLetterAmbiguity of the Mer
172
Right of Approach
178
Right of Detention for Enquiry
184
Sect Page ioo Penalties for the violation of a Blockade
189
British TreatyEngagements
265
Concert of European Nations as to certain articles
266
Bynkershoeks view
267
Vattel
269
French Jurists
270
Practice of British Prize Courts
271
General doctrine of British Prize Tribunals
275
British Treaty with the United States in 1796
279
Right of PreemptionTreaty of Westminster of 1656Treaty of Whitehall of 1661Treaty of Orebro of 1812
281
Treaty of Upsal of 1654Equity as to Conditional Contraband
286
Belligerents may not interfere with Trade within
294
Friendly Character may attach to Places in the oc cupation of an Ally 326
298
2
302
The Character of Property is not always identical
305
Employment of Neutral Property in the service
312
The Character of the produce of Landed Estates
319
CHAPTER IX
328
Cartel Ships
354
Ransom of Captures at Sea
355
Ransom Bills
356
Hostages
359
Modern Restraints upon Ransom
360
Joint Captures
363
Distribution of Prize amongst joint Captors
366
Condemnation of Prizes brought into the port of an Ally
368
Congress of Paris of 1856 40
373
CHAPTER XI
424
Views of Martens
430
The Political Duties of Neutral Nations towards
438
Hospitality to Belligerent ships discretional on
445
Belligerent privilege of Asylum in Neutral waters
452
ON THE RIGHTS AND DUTIES OP NEUTRAL POWERS
459
Sale of Ships of War by a Neutral Power
466
The Policy of the United States of America as
473
Jurisdiction over Captures in Neutral waters exer
481
Neutral Courts do not entertain the question
487
Neutral Powers do not interpose their jurisdiction
494
Conflict of jurisdiction between a Neutral Admiralty
508

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Page 197 - 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 463 - But there is nothing in our laws or in the Law of Nations that forbids our citizens from sending armed vessels, as well as munitions of war, to foreign ports for sale. It is a commercial adventure which no nation is bound to prohibit, and which only exposes the persons engaged in it to the penalty of confiscation.
Page 201 - And whereas it frequently happens that vessels sail for a port or place belonging to an enemy without knowing that the same is...
Page 263 - ... masts, planks, and wood of all kind, and all other things proper either for building or repairing ships, and all other goods whatever, which have not been worked into the form of any instrument...
Page 215 - It is intended to suspend the entire commerce of the place, and a neutral is no more at liberty to assist the traffic of exportation than of importation. The utmost that can be allowed to a neutral vessel, is, that having already taken on board a cargo, before the blockade begins, she may be at liberty to retire with it.
Page 163 - Considering: That Maritime Law, in time of war, has long been the subject of deplorable disputes; That the uncertainty of the law, and of the duties in such a matter, gives rise to differences of opinion between neutrals and belligerents which may occasion serious difficulties, and even conflicts...
Page 152 - I believe it cannot be doubted, but that by the general law of nations, the goods of a friend found in the vessel of an enemy are free, and the goods of an enemy found in the vessel of a friend are lawful prize.
Page 229 - States ship, shall be permitted to continue their voyage if on examination of their papers it shall appear that their cargoes were taken on board before the expiration of the above term: Provided, That nothing herein contained shall...
Page 293 - And it shall be further allowed to use in the service of the captors the whole or any part of the military stores so detained, paying the owners the full value of the same, to be ascertained by the current price at the place of its destination.
Page 334 - ... ships, vessels and goods, that are or shall be taken, and to hear and determine the same ; and, according to the course of Admiralty, and the law of nations...

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