Inquiries in International Law, Public and Private |
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Page xi
... CHAPTER III . HOW PRIVATE INTERNATIONAL LAW IS TO BE ENFORCED.— -CASES OF THE CONFLICT OF THE LAWS OF SEPARATE INDEPENDENT STATES , APPENDIX , 435 461 495 INQUIRIES IN INTERNATIONAL LAW . HAVING , in our previous CONTENTS . xi.
... CHAPTER III . HOW PRIVATE INTERNATIONAL LAW IS TO BE ENFORCED.— -CASES OF THE CONFLICT OF THE LAWS OF SEPARATE INDEPENDENT STATES , APPENDIX , 435 461 495 INQUIRIES IN INTERNATIONAL LAW . HAVING , in our previous CONTENTS . xi.
Page 1
... enforced by its judicial tribunals , or Jurisprudence ; reserving also for future investigation , the not less im- portant doctrines , general and particular , which form the Internal Public or Constitutional Law of States ; we now ...
... enforced by its judicial tribunals , or Jurisprudence ; reserving also for future investigation , the not less im- portant doctrines , general and particular , which form the Internal Public or Constitutional Law of States ; we now ...
Page 4
... enforced consistently with justice and general expediency , and rights , which cannot be so enforced , and which are consequently , no rights at all . As this mode of proceeding , which was adopted , and followed for a long period , was ...
... enforced consistently with justice and general expediency , and rights , which cannot be so enforced , and which are consequently , no rights at all . As this mode of proceeding , which was adopted , and followed for a long period , was ...
Page 5
... enforced , consistently , with justice , and general expediency , or the welfare of mankind , so far as practically attainable . And , under the more appropriate appellation of international law , here employed , as being now in general ...
... enforced , consistently , with justice , and general expediency , or the welfare of mankind , so far as practically attainable . And , under the more appropriate appellation of international law , here employed , as being now in general ...
Page 12
... , jus gentium , the collections of those rules , which nations , who had made any progress in civilization observed in common , and enforced within their respective territories . Such however , was the in- 12 INTERNATIONAL LAW.
... , jus gentium , the collections of those rules , which nations , who had made any progress in civilization observed in common , and enforced within their respective territories . Such however , was the in- 12 INTERNATIONAL LAW.
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Common terms and phrases
adopted appears arise arrangement binding century chap common consuetudinary law common law conflictus legum consent of nations contracting parties conventional law cultivation customs and usages distinct doctrines Dr Wheaton Droit des Gens enforced entitled established Europe European nations exist farther foreign Gens Moderne German Grotius independent individuals intercourse internal private law judicial Jure juridical or legal juridical relations juris jurisprudence jurists jus gentium jus inter gentes jus naturæ justice Klüber latter law of nations law of nature laws of war legislative Leibnitz mankind maritime Martens merely mode Moderne de l'Europe moral Moser national law natural law naturale neutral obligatory observed Ompteda pacta sunt servanda particular peace positive law presumed consent private international law private law Pufendorff quæ quod reciprocal rights recognised regulated rights and obligations rules Schmalz separate sovereign stipulations tacit territory tion tium Traité Vattel Wolff writers
Popular passages
Page 10 - ... quod vero naturalis ratio inter omnes homines constituit, id apud omnes populos peraeque custoditur vocaturque ius gentium, quasi quo iure omnes gentes utuntur.
Page 162 - What has > been called the positive or practical law of nations may also be inferred from treaties ; for though one or two treaties, varying from the general usage and custom of nations, cannot alter the international law, yet an almost perpetual succession of treaties, establishing a particular rule, will go very far towards proving what that law is on a disputed point. Some of the most important modifications and improvements in the modern law of nations have thus originated in treaties.
Page 23 - Ratio autem huius partis et iuris est, quia humanum genus quantumvis in varios populos et regna divisum, semper habet aliquam unitatem non solum specificam sed etiam quasi politicam et moralem, quam indicat naturale praeceptum mutui amoris et misericordiae quod ad omnes extenditur, etiam extraneos et cuiuscumque nationis.
Page 24 - Hac ergo ratione indigent aliquo jure, quo dirigantur et recte ordinentur in hoc genere communicationis et societatis. Et quamvis magna ex parte hoc fiat per rationem naturalem, non tamen sufficienter et immediate quoad omnia : ideoque aliqua specialia jura potuerunt usu earundem gentium introduci.
Page 205 - Quarantine is established and recognized by International Law for the common security and protection of States against those diseases which are supposed to be importable. " Although the chief source of the intercourse of States, in their individual capacity, is the exchange of commodities of natural or artificial production, and a mutual exchange of superfluous commodities is, as a rule, reciprocally advantageous to both nations — and it may even be said that it is the moral duty of a nation not...
Page 23 - ... habet aliquam unitatem non solum specificam, sed etiam quasi politicam et moralem, quam indicat naturale praeceptum mutui amoris et misericordiae, quod ad omnes extenditur, etiam extraneos, et cujuscumque nationis. Quapropter licet unaquaeque civitas perfecta, respublica aut regnum, sit in se communitas perfecta, et suis membris constans, nihilominus quaelibet illarum est etiam membrum aliquo modo hujus universi...
Page 393 - Interferences, therefore, to preserve the balance of power, have been confined to attempts to prevent a sovereign, already powerful, from incorporating conquered provinces into his territory, or increasing his dominions by marriage or inheritance, or exercising a dictatorial influence over the councils of an independent state.
Page 164 - ... the armed neutrality. One of the first articles would, from its wording, secure the free conveyance of the colonial produce of the enemy, on the ground of its being the acquired property of neutrals. Although this appeared to be only conceded to Russia, yet Sweden and Denmark would derive the same power if that was made the basis of a general treaty, and in their hands this privilege would be essentially injurious to the country. Another advantage which this clause gave to neutrals was, that...
Page 48 - Solent sub nomime juris gentium venire illae consuetudines inter plerasque gentes, saltern quae cultiorum et humaniorum sibi famam vindicant, potissimum circa bellum tácito quodam consensu usurpan solitae .... quae si qnis legitimum gerens bellum neglexerit, scilicet ubi per jus naturae recte fieri possunt, nulli obligation! validae contravenisse dici potest, nisi quod ruditatis vulgo arguitur, quia non ad consuetudinem eorum, queis bellum inter artes liberales nominatur, sese composuerit Non secus...
Page 432 - Rectores imperiorum id comiter agunt, ut jura cujusque populi intra terminos ejus exercita, teneant ubique suam vim, quatenus nihil potestati aut juri alterius imperantis ejusque civium praejudicetur.