Halleck's International Law, Or, Rules Regulating the Intercourse of States in Peace and War, Volume 2

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Kegan Paul, Trench, Trübner, 1893 - International law
 

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Contents

PARA PAGE 9 Distinction concerning relations of inhabitants with regard
9
Defence of the thing guaranteed
10
Warlike associates
11
No declaration necessary against enemys associates
12
CHAPTER XX
14
Limitation of right to take life
15
PAHA PAGE 4 Exemption may be forfeited
18
Prisoners entitled to quarter
19
Made slaves in ancient times
22
No positive obligation to exchange
23
Conditions imposed on release
24
Delay in making exchanges
25
Where exchanges cannot be effected
26
Historical examples
27
Character of support to be given
28
Where no probability of an exchange
29
May he kill them in certain cases?
30
Sacking a captured town
32
Deserters
33
Rule of reciprocity
34
Limitation of the rule
35
App The Convention of Geneva 1864
36
App Liebers instructions for armies of the United States
40
App Hallecks instructions as commanderinchief
55
CHAPTER XXI
58
Title to real property
59
Who may purchase
60
Purchase by a neutral State
61
Movables
62
Public archives c
63
Works of art c
64
Civil structures and monuments
66
Private property on land
67
General exceptions to rule of exemption
68
Military contributions
69
Of hostile populations
70
Useless destruction of enemys property
71
The right to private property
74
All booty belongs primarily to the State
75
Laying waste a country
76
The Admirals Court
78
CHAPTER XXII
80
Para pace 13 Continental writers 257
81
General rule as to character of ships and goods
96
Effect of liens
98
Laws of different States
102
Decisions of French prize courts
103
Vessels of discovery
105
Fishingboats
106
Cases of shipwreck
107
Distinctions between reprisals and privateering
108
Privateers not used in recent wars
112
Declaration of the Conference of Paris 1856
117
Opinion of other States
119
Treaty stipulations
122
CHAPTER XXIII
124
Necessity of a license of withdrawal discussed 130
130
Decisions in the United States
131
9 Where order of shipment cannot be countermanded
132
Continuous voyages
133
When offence is completed
134
Transfer of ships
135
Trade by stranger in enemys country
136
Acceptance of a license from enemy
137
Trade with possessions and colonies of enemy
139
CHAPTER XXIV
141
Qualified neutrality
142
Neutrality must be observed and enforced
143
No hostilities to be permitted within neutral jurisdiction
145
Passage of troops through neutral territory
146
Pretended exception of Bynkershoek
148
Right of asylum
150
Duties of belligerents while in neutral waters
151
The Alabama case
152
Arming vessels and enlisting troops
155
Loans of money by neutrals
163
Passage over neutral waters
165
Municipal laws enforcing neutrality
166
Laws of the United States
169
Protection of property in neutral territory
171
Restitution of property captured in neutral territory
172
Decisions in the United States
173
Purchasers in foreign ports
174
In cases of illegal equipment and outfit
175
App British proclamation of neutrality 1877
177
to foreign States 445
178
CHAPTER XXV
182
Public blockades
190
If driven away by force
191
If blockade be irregularly maintained
192
Effect of a siege upon communications by sea
193
Breach of blockade a criminal act
194
Public notification charges parties with knowledge
195
Effect of general notoriety
196
When presumption of knowledge may be rebutted
197
Proof of actual knowledge or warning
198
Inception of voyage
200
Exception in case of dc facto blockades
201
When presumption of intention to enter cannot be repelled
202
Declaration of master
203
Delay in obeying warning
204
When ingress is excused
205
Violation of blockade by egress
206
When egress is allowed
207
Penalty for breach of blockade
208
When cargo is exempted from condemnation
209
Duration of offence
210
Insurance how affected by violation of a blockade
211
Hautefeuillcs theory of the law of blockades
212
CHAPTER XXVI
214
Contraband articles confiscated
215
Ancient rule in regard to ships
216
Plea of ignorance or force
217
The Springbok
218
Return voyage
220
Transfer from one port to another
221
Disagreement as to what particular articles are contraband
222
Of modern writers
223
Discordancy of earlier treaties and ordinances
225
Of those of more recent date
227
Decisions of prize courts
230
2a Munitions of war
231
Intended use deduced from destination
233
Provisions
234
Ancient rule of preemption
235
Contested by others
236
CHAPTER XXVII
239
Claim of England to visit in time of peace
240
Claim denied by the United States
241
Views of the United States sustained by American publicists
243
By Continental writers
244
Of Lord Stowell
245
Distinction beween pirates and slavers
246
Final settlement of British claims with regard to the slave trade
248
to Visit and search in time of war
255
English views as to extent of search
256
Enforcement of the right of search
258
Penalty for resisting search
259
Can they exempt their convoys?
260
Merchant ships under their convoy
261
Treaties respecting neutral convoy
262
Opinions of publicists
264
Effect of enemys convoy
266
Effect of resistance of neutral master
268
American writers
269
Concealment of papers
270
Spoliation of papers
271
Impressment of seamen from neutral vessels
272
Treaties and ordinances
285
France and England as allies in 1854
286
Declaration of the Congress of Paris 1856
287
Proof of neutral goods in enemys ships
288
Neutral goods in such vessels
289
Transporting military persons
290
The case of the Trent
299
Rules of 1756 1793 and 1801 3i
305
Effect on American commerce of the rule of I793
307
Opinions of Story and of Phillimore
308
Change of British colonial policy
309
CHAPTER XXIX
310
Capitulations
319
Individual promises
322
Passports and safeconducts
323
When and how revoked
324
Their violation how punished
325
Cartels for prisoners
326
Cartel ships
327
Ransom of captured property
330
If given by one ally is binding upon the other
331
If it be recaptured
332
Suits for contracts of ransom
333
App Conference of Brussels 1874
334
CHAPTER XXX
343
A general license
344
A special license
345
Judicial decisions on licenses
346
Want of uniformity in British decisions
347
Representations of grantee
348
Persons entitled to use a license
349
Where the grantee acts as agent for others
350
Exception of a particular flag
351
Change of national character during voyage
352
PArA PAGE 14 Quality and quantity of goods
353
License to an alien enemy
354
If cargo be injured
355
If it cannot be landed
356
Intended ulterior destination
357
Capture before and after deviation
358
A license has no retrospective action
360
Breach of blockade c by a licensed vessel
361
CHAPTER XXXI
362
What constitutes a maritime character
363
The Naval Prize Act 1864
365
Title when changed
366
Where prizes must be taken
367
Of joint captures generally
371
When actual sight is not necessary
373
r Vessels associated in same service
374
Convoying ships
375
Joint captures by landand sea forces
376
By public ships of allies
377
Captures by revenue cutters
378
By tenders
379
Public vessels of war and privateers
380
Effect of fraud on claims for joint capture
381
Distribution of prize to joint captors
382
Collusive captures
383
Forfeiture of claims to prize
384
PArA PAGE 29 Probable cause of seizure usually sufficient
386
When captors are liable for costs and damages
388
Duties of prize master
391
Exceptions to rule 125
393
Why prize courts of other countries cannot condemn
394
Apparent exceptions to rule
395
Rule varied by municipal regulations
396
By treaty stipulations
397
English prize courts
398
Prize courts of the United States
399
The President cannot confer prize jurisdiction
400
But not in neutral territory
401
Extent of jurisdiction of prize courts
402
Location of prize
404
Decision of competent court conclusive
406
State responsible for unjust condemnation
407
Cases of England and Prussia in 1753 and of the United States and Denmark in 1830
409
When jurisdiction may be enquired into
410
How far governed by municipal laws
411
Character of proceedings
412
Custody of property
415
Conduct of suit by captors
416
Who may appear as claimants
418
Duties of claimants
419
Nature and form of decrees
420
App Proceedings in British prize courts
421
App Practice in prize courts
425
App Additional note on the same subject
429
CHAPTER XXXIII
432
Effect of military occupation under the law of England
443
In regard to States of the Union
446
Collection and use of revenues in such territory
447
Transfer of private property
448
Allegiance of inhabitants of occupied territory
450
Implied obligations of the conquered
451
Of the conqueror
452
Right of revolution
453
Military insurrection
454
Alipnatinns of territory occupied by an enemy
455
Alienations made in anticipation of conquest
456
Private grants so made
458
Effect of military occupation on incorporeal rights
460
Debts due to the displaced government
461
If former government be restored
462
Examples from ancient history
463
CHAPTER XXXIV
467
Its application to foreign residents
477
Rule may be varied by treaty or municipal law
478
Right to citizenship under new sovereignty
479
English law on this subject
480
Laws of the conquered territory
481
Conquered territory under British laws
482
Under the United States
483
Laws of conquered territory and the constitution of the new State
485
How far laws of military occupation continue after complete conquest
487
To the laws of the new sovereignty
489
Decisions of the Supreme Court of the United States
490
Revenue laws in California
491
Conquest changes political rights but not rights of property
493
Necessity of remedial laws
494
Effect of conquest on the property of the State 495
495
The alienated domains of HesseCassel
496
The debts of HesseCassel
498
CHAPTER XXXV
500
Postliminy with regard to personal status and rights
501
Postliminy in regard to things
502
Postliminy in regard to allies
503
Upon movables on land
504
Upon towns and provinces
506
If a State be entirely subjugated
508
Case of Genoa in 1814
509
Application of postliminy to maritime captures
510
Textwriters and prize courts
511
Regulated in part by treaty stipulations
512
Laws of Great Britain
513
Laws of the United States
515
Laws of different European States
516
Quantum of salvage on recaptures
519
International law on salvage
520
Military and civil salvage
521
If original capture be unlawful
523
A vessel recaptured by her master and crew
524
Recapture from pirates
525
Recapture by land and sea forces
526
APPENDIX General Act of the Brussels Conference 1890
529
Earliest age at which marriage can be solemnised in each of the States of Europe
556
The Foreign Marriage Act 1892
569
INDEX
579

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Popular passages

Page 170 - State : or (3.) Equips any ship with intent or knowledge, or having 'reasonable cause to believe that the same shall or will be employed in the military or naval service of any foreign State at war with any friendly State...
Page 118 - 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 321 - I propose to receive the surrender of the Army of Northern Virginia on the following terms, to wit : Rolls of all the officers and men to be made in duplicate, one copy to be given to an officer...
Page 180 - No ship of war or privateer of either belligerent shall hereafter be permitted, while in any port, roadstead or waters subject to the territorial jurisdiction of her majesty, to take in any supplies, except provisions and such other things as may be requisite for the subsistence of her crew, and except so much coal only as may be sufficient to carry such vessel to the nearest port of her own country, or to some nearer destination...
Page 41 - Military necessity, as understood by modern civilized nations, consists in the necessity of those measures which are indispensable for securing the ends of the war, and which are lawful according to the modern law and usages of war.
Page 170 - Builds, or agrees to build or causes to be built, any ship with intent or knowledge, or having reasonable cause to believe that the same shall or will be employed in the military or naval service of any foreign State at war with any friendly State...
Page 170 - ... 1. Any person who, being a British subject, within or without the dominions of her Majesty, has, without the license of Her Majesty, accepted or agreed to accept any commission or engagement in the military or naval service of any foreign state at war with any friendly state.
Page 168 - Sec. 2. And be it further enacted, That if any person shall, within the territory or jurisdiction of the United States, enlist or enter himself, or hire or retain another person to enlist or enter himself, or to go beyond the limits or jurisdiction of the United States...
Page 275 - ... not only the simplest and best, but the only, rule which can be adopted and observed, consistently with the rights and honor of the United States and the security of their citizens. That rule announces, therefore, what will hereafter be the principle maintained by their government In every regularly documented American merchant- vessel, the crew who navigate it will find their protection in the flag which is over them.
Page 412 - ... to administer with indifference that justice which the law of nations holds out, without distinction, to independent states, some happening to be neutral and some to be belligerent. The seat of judicial. authority is, indeed, locally here, in the belligerent country, according to the known law and practice of nations ; but 'the law itself has no locality.

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