Introduction to the Study of International Law

Front Cover
1872 - 487 pages

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Contents

CHAPTER I
36
Essential attributes of a state Sovereignty independence equality all included in sovereignty May be parted with by confederated and by protected stat...
37
Obligations not affected by change of government
38
All forms of government legitimate in the view of international
39
It knows only governments de facto
40
Assistance to provinces in revolt unlawful but aid to another state against rebellion lawful
41
Noninterference the rule but with exceptions Interference when justified
42
Interference to preserve the balance of power
43
Historical illustrations of such interference
44
Interference to prevent revolutions
45
Instances of such interference in the French revolution The holy alliance Congress of TroppauLaybach Congress of Verona
46
Property of states what in international law?
52
CHAPTER III
58
Exterritoriality its limits as to sovereigns ships of war armies in transit
64
Its leading rules 1 As to personal capacity Exceptions on political
70
Use of courts how far allowed to strangers Suits against foreigners
76
Treaties procured by fraud falsehood or force not binding
100
Other modes of confirming the faith of treaties Hostages Pledges
106
Commencement of war Declaration Greek and Roman practice Media val practice Modern Reasons for the modern usage
115
What notice of a state of war ought to be given
116
Effects of war Nonintercourse with the enemy License to trade
117
Enemys property within a belligerent country
118
Have all in each hostile state a right to wage war?
119
Treatment of enemys property on land and sea compared
120
Forces employed in war especially on the sea Privateers
121
Evils of privateering Testimony to these evils Endeavors to stop it by treaty Declaration of Paris 1856 Attitude of the United States
122
Restrictions on privateering to prevent its evils
123
Laws and usages of war somewhat vague yet improving Causes of this amelioration
124
Effects of foreign judgments
125
Retaliation
126
Special rules 1 as to weapons and ways of injuring an enemys persor
127
2 Allowable weapons in war 3 Breach of faith Solicitations to crime 128 4 Treatment of captured persons especially of soldiers 5 Treatment of irre...
128
Summing
130
7 Public property
131
8 Sieges and storms of forts and towns
132
CHAPTER IV
133
The Agents in the Intercourse of Nations or Ambassadors
140
Complete title given by a court
141
Ransom of captured vessels Hostages to secure ransom
142
Recapture Rights of the original owner Jus postliminii
143
Rewards for capture and recapture Salvage Its amount
144
Continued
153
Time when a treaty begins to be binding
154
Doctrine of neutrality of modern growth Neutrals who? Gradations of neutrality Permanent neutrality Armed neutrality
155
Obligations of neutrals to be impartial
156
To stand aloof from both parties
157
To be humane to both
158
The neutral may admit into his ports warvessels of the belligerents
159
What neutrals may not do Cases doubtful or disputed 1 Transit
160
2 Furnishing troops to belligerents
161
What may a neutrals subject
162
Rights of neutrals Case of the Caroline
163
Continued
164
Municipal laws enforcing neutrality
165
Treatment of vessels conveying hostile goods
170
Justice of the rules respecting neutral trade considered
171
Former practice in regard to neutral trade
172
PART II
182
Defensive and offensive
191
Defects of international law 1 Its uncertainty
203
20a 3 Is there a right of punishing other states
206
Its prospects for the future
209
Commercia belli
229
Spies SECTION III Of Civil Wars Wars with Savages Piracy and the Slavetrade 136 Civil wars Wars with savages
230
Pirates and their treatment
232
Is the slavetrade piracy?
234
Historical illustrations
287
Continued
288
Declaration attached to the peace of Paris in 1856
293
Neutral property in armed enemies vessels 178 Contraband of war 179 What goods are contraband in the usage of nations? 180 Results as to decidi...
297
Evidence of a blockade What is due notice? What is a discontinuance of a blockade?
316
Attempts to stretch the doctrine of blockade Prussian decree decree First and second orders in council Milan decree ders in council of 1809
323
The right of search Its narrow limits Duty of submitting to it Treaties often regulate the right
325
Is there a right of convoy? Historical illustrations 192 Its justice considered 193 Neutrals under belligerent convoy 194 Search during peace to exec...
330
Obligations of the United States in regard to the slavetrade Resolutions of Congress Feb 28 1823 Negotiations in England and convention of 1824 a...
338
Treaty of Washington in 1842
341
92c 5 Freedom of private worship
376
Selection of works relating to international
435
The Monroe doctrine 48 Results of an attempt to establish a law of interference in the internal affairs of states
469
Interference in the Belgic revolution of 1830
473
Moral relations or duties and moral claims of states
475

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Page 300 - 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 306 - 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 68 - In the discussions to which this interest has given rise and in the arrangements by which they may terminate the occasion has been judged proper for asserting, as a principle in which the rights and interests of the United States are involved, that the American continents, by the free and independent condition which they have assumed and maintain, are henceforth not to be considered as subjects for future colonization by any European powers.
Page 68 - ... we could not view any interposition for the purpose of oppressing them, or controlling in any other manner their destiny, by any European power in any other light than as a manifestation of an unfriendly disposition toward the United States.
Page 105 - That after the said limitation shall take effect as aforesaid, no person born out of the kingdoms of England, Scotland or Ireland or the dominions thereunto belonging (although he be naturalized or made a denizen, except such as are born of English parents) shall be capable to be of the privy council, or a member of either house of parliament...
Page 325 - And whereas it frequently happens that vessels sail for a port or place belonging to an enemy, without knowing that the same is besieged, blockaded, or invested, it is agreed, that every vessel, so circumstanced, may be turned away from such port or place, but shall not be detained, nor shall any part of her cargo, if not contraband, be confiscated, unless, after warning of such blockade or investment, from the commanding officer of the blockading forces, she shall again attempt to enter...
Page 107 - Second. That place shall be considered and held to be the residence of a person in •which his habitation is fixed, without any present intention of removing therefrom, and to which, whenever he is absent, he has the intention of returning.
Page 472 - Commander of one of the blockading vessels, who will endorse on her register the fact and date of such warning, and if the same vessel shall again attempt to enter or leave the blockaded port, she will be captured and sent to the nearest convenient port, for such proceedings against her and her cargo as prize as may be deemed advisable.
Page 458 - ... no coal shall be again supplied to any such ship of war or privateer in the same or any other port, harbor, roadstead, or waters of the United States, without special permission, until after the expiration of three months from the time when such coal may have been last supplied to her within the waters of the United States, unless such ship of war or privateer shall, since last thus supplied, have entered a port of the government to which she belongs.
Page 316 - ... are to be esteemed free, neither may they be detained on pretence of their being as it were infected by the prohibited goods, much less shall they be confiscated, as lawful prize...

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