Outlines of International Law

Cover
C. Scribner's sons, 1914 - 616 Seiten

Im Buch

Inhalt

Observance of international law
11
CHAPTER II
12
The original motives and causes of international law
14
The sources of international law
15
The early history of the intercourse of nations
20
Code of Manu
22
Other intercourse of the ancients
24
International intercourse and laws of the Romans
25
Nationality
26
The Dark and Middle Ages
27
From the congress of Vienna to the declaration of Paris
28
The predecessors of Grotius
30
Grotius the founder of the science of modern international law
32
CHAPTER III
37
The successors of Grotius
38
From the peace of Westphalia until the peace of Utrecht
39
From the treaty of Washington of 1871 to the first Hague con
50
The state of insurgency
52
The state of belligerency and its recognition
53
The recognition of a new state
54
Continuity of states
55
De facto governments
56
The declaration of London
57
States communities corporations and institutions that
63
CHAPTER V
72
PAGH
77
Citizenship by birth
85
Naturalization
86
Corporations as citizens
87
Aliens
88
The formation of a state by occupation or colonization in a ter
92
CHAPTER VI
94
Fundamental rights and duties of sovereign states
97
The right of independence and legal equality
98
Intervention
100
The right of selfpreservation
103
Respect for the dignity and honor of the state
109
CHAPTER VII
112
The right to hold and acquire property
113
Boundaries of states 66
119
State servitudes
123
Territorial waters
125
The marine league
126
Straits
130
70
131
Rivers
134
The attainment of independence by an insurgent community
136
The Panama Canal
139
74
143
CHAPTER VIII
147
Domicile Extradition
165
PAGE
175
185
185
Extradition of deserters
192
PART IIIINTERCOURSE OF STATES IN TIME OF PEACE CHAPTER X
195
94
197
agents
199
Rank and classification of diplomatic officials
202
97
204
98
206
Right of asylum in legations and embassies
210
100
212
Agents of the state without diplomatic or consular character
213
CHAPTER XI
218
103
220
Classification and precedence of consuls
223
Exequaturinstallation of the consul
225
Duties of consular officers
230
Foreign consular systems
232
Termination of consular functions
233
109
234
INTERNATIONAL AGREEMENTS NEGOTIATIONS CONGRESSES AND CHAPTER XII
237
112
238
113
242
Nature and classification of treaties
243
The parties to a treaty
244
Matters necessary to the validity of treaties
245
Form and ratification of treaties
246
Enforcement of treaties
250
119
253
CHAPTER XIV
257
123
260
Termination of treaties
263
Effect of war upon treaties
264
Abrogation or modification of treaties
268
125
271
126
274
International commissions of inquiry
277
136
298
CHAPTER XVIII
300
Effect of war as to property
305
139
309
Modern development of the laws of war
310
Laws of war and the private citizen
312
The laws of war on land Belligerents
315
143
317
Hostilities
324
Spies
326
Flags of truce
327
Capitulations
328
Reprisals or retaliation
329
THE HIGH SEAS IMMUNITIES OF FOREIGN VESSELS IN PORTS AND WATERS
332
Laws and usages of war at sea
333
Attack and capture of public vessels of the enemy
334
The use of torpedoes and submarine mines
337
Capture of enemys merchantmen
340
Exemptions and restrictions in capture in maritime warfare
343
Enemy character in maritime warfare
346
The procedure of the capture and sending in of a merchantman
347
Destruction of enemy vessels as prizes
348
Resistance to search recapture ransom and safe conduct
349
Bombardments by naval forces in time of war
350
Submarine cables in time of war
351
CHAPTER XXI
355
The sovereignty of the air
357
Aerial warfare as affected by the laws of war
359
Wireless telegraphy
360
218
362
CHAPTER XXII
364
The authority of the military occupant
366
Limitations to the military authority of the occupant
367
Termination of war
372
Treaty of peace
374
Effects of treaties of peace
376
Conquest and cession
377
PART VRELATIONS BETWEEN BELLIGERENTS AND NEUTRALS CHAPTER XXIII
380
The status and principles of neutrality
381
The development of the law of neutrality
383
Neutral rights and duties in land warfare
389
Proclamations and declarations of neutrality
396
CHAPTER XXIV
398
The use of neutral waters as a base of naval operations
401
Obligations of neutrals as to their waters
402
The rights of visit and search
409
Convoy
411
Spoliation of papers
412
Hostile expeditions
413
Right of angary
415
CHAPTER XXV
418
Declaration and notification of blockade
421
Liability to capture for breach of blockade
423
CHAPTER XXVI
427
Enumeration of contraband and noncontraband articles
428
Destination of contraband and consequent judgment
433
The penalty of contraband trade
436
Preemption
440
CHAPTER XXVII
442
The case of the Trent
447
The opening to neutrals of a trade closed in peace
449
Rescue of shipwrecked belligerents by neutral vessels
451
Destruction of neutral prizes
453
CHAPTER XXVIII
458
Enemy character
461
The sending in of prizes for their adjudication
462
Jurisdiction of national prize tribunals
463
International prizecourt
466
Compensation for capture when found void
468
CHAPTER XXIX
471
Days of grace at the outbreak of war
473
The question of domicile or nationality as the determining factor in maritime capture
474
The conversion of merchantmen into vessels of war upon the high seas or in neutral waters
475
The use of floating mines on the high seas
477
LIST OF AUTHORITIES CONSULTED
481
THE RECOGNITION OF BELLIGERENCY AND OF INDEPENDENCE
487
APPENDIX II
500
APPENDIX III
520
APPENDIX IV
535
APPENDIX V
598
What is meant by the high seas 147
603
234
606
238
611
Jurisdiction over vessels upon the high seas and other waters 78 Piracy
612
152
614
Right of approach 155 80 Papers carried by merchant vessels 156 81 Immunities of foreign vessels of war in ports and waters 158 82 Immunity fro...
615
Status of merchant vessels in foreign ports 167
616
Urheberrecht

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Seite 137 - The canal shall be free and open to the vessels of commerce and of war of all nations observing these Rules, on terms of entire equality...
Seite 531 - Ireland and the British Dominions beyond the Seas, Emperor of India, His Majesty the King of Italy, His Majesty the Emperor of Japan, the President of the...
Seite 341 - Convention for the adaptation to maritime warfare of the principles of the Geneva Convention of August 22, 1864.
Seite 411 - 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, to be carried on from thence against the territory or dominions of any foreign prince or State, or of any colony, district, or people, with whom the United States are [at] peace, every person, so offending, shall be deemed guilty of a high misdemeanor, and shall be fined not exceeding three thousand dollars, and imprisoned...
Seite 515 - President of the United States of America, have caused the said convention to be made public, to the end that the same and every article and clause thereof may be observed and fulfilled with good faith by the United States and the citizens thereof.
Seite 140 - If it should become necessary at any time to employ armed forces for the safety or protection of the Canal, or of the ships that make use of the same, or the railways and auxiliary works, the United States shall have the right, at all times and in its discretion, to use its police and its land and naval forces or to establish fortifications for these purposes.
Seite 544 - Affairs. The subsequent deposits of ratifications shall be made by means of a written notification addressed to the British Government, and accompanied by the instrument of ratification.
Seite 308 - Until a more complete code of the laws of war has been issued, the High Contracting Parties deem it expedient to declare that, in cases not included in the Regulations adopted by them, the inhabitants and the belligerents remain under the protection and the rule of the principles of the law of nations, as they result from the usages established among civilized peoples, from the laws of humanity, and the dictates of the public conscience.
Seite 104 - ... instant, overwhelming, and leaving no choice of means, and no moment for deliberation.
Seite 362 - The authority of the legitimate power having actually passed into the hands of the occupant, the latter shall take all steps in his power to re-establish and insure, as far as possible, public order and safety, while respecting, unless absolutely prevented, the laws in force in the country.

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