The Theory of State Succession: With Special Reference to English and Colonial Law |
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Page 11
... sovereignty . Similarly analogous are the cases of the granting independence to the Transvaal Boers by the Sand River Convention of 1852 , and to the Orange River Colony Boers by the Bloemfontein Convention of 1854 , and the restoration ...
... sovereignty . Similarly analogous are the cases of the granting independence to the Transvaal Boers by the Sand River Convention of 1852 , and to the Orange River Colony Boers by the Bloemfontein Convention of 1854 , and the restoration ...
Page 14
... sovereignty by cession ought not to affect private property , but no municipal tribunal has authority to enforce such an obligation . " So in the case of the West Rand Central Gold Mining Co. , where the Transvaal Government had taken ...
... sovereignty by cession ought not to affect private property , but no municipal tribunal has authority to enforce such an obligation . " So in the case of the West Rand Central Gold Mining Co. , where the Transvaal Government had taken ...
Page 24
... sovereignty over the territory which it affected , " and adds that it would be difficult to show this in such a case as that of the Swiss and European interests secured by the neutrality of Northern Savoy , which must , therefore , be ...
... sovereignty over the territory which it affected , " and adds that it would be difficult to show this in such a case as that of the Swiss and European interests secured by the neutrality of Northern Savoy , which must , therefore , be ...
Page 28
... sovereignty over parts of Maine , settled after 1790 - was the view that territory not in the possession of England before 1783 could not be brought under its actual sovereignty so long as the validity of the title was under ligitation ...
... sovereignty over parts of Maine , settled after 1790 - was the view that territory not in the possession of England before 1783 could not be brought under its actual sovereignty so long as the validity of the title was under ligitation ...
Page 29
... sovereignty of his predecessor " ; ( p . 148 ) : " The conqueror succeeds as little as the cessionary to the sovereignty of the conquered state , but extends his own sovereignty over it just as in the case of territory ceded to him ...
... sovereignty of his predecessor " ; ( p . 148 ) : " The conqueror succeeds as little as the cessionary to the sovereignty of the conquered state , but extends his own sovereignty over it just as in the case of territory ceded to him ...
Other editions - View all
The Theory of State Succession with Special Reference to English and ... Arthur Berriedale Keith No preview available - 2013 |
The Theory of State Succession: With Special Reference to English and ... Arthur Berriedale Keith No preview available - 2009 |
Common terms and phrases
10th December action administration admits Alsace-Lorraine altered annexation apply argued Austria belligerents binding Bluntschli Boers bound Britain British Government British subjects Calvo ceded territory cession Chapter claim concession confiscation conquered territory conqueror or cessionary conquest considered contract Convention course Crown debt decided doctrine domiciled England English law ex delicto existence expressly fact force foreign France French Gabba granted ground Hall Halleck held Heligoland Huber International Law Ionian Islands ipso ipso jure judgment jurisdiction jurists Kiatibian land lease legislative liability Majesty's Government matter municipal nationality obligations Orange Free Orange River Colony Parliamentary Paper parties pass payment pensions persons possession practice predecessor principle private property private rights provinces Prussia question recognised regard remain rule of International Sardinia South African Republic sovereign sovereignty succeeds successor Supreme Court Reports tort Transvaal Treaty of 10th treaty of cession treaty stipulations United universal succession Wei-Hai-Wei Westlake
Popular passages
Page 78 - It may not be unworthy of remark, that it is very unusual, even in cases of conquest, for the conqueror to do more than to displace the sovereign and assume dominion over the country. The modern usage of nations, which has become law, would be violated; that sense of justice and of right which is acknowledged and felt by the whole civilized world would be outraged, if private property should be generally confiscated, and private rights annulled. The people change their allegiance; their relation...
Page 79 - An Englishman in Ireland, Minorca, the Isle of Man, or the plantations, has no privilege distinct from the natives. The 5th, that the laws of a conquered country continue in force, until they are altered by the conqueror: the absurd exception as to pagans, mentioned in Calvin's case, shews the universality and antiquity of the maxim.
Page 36 - Criminal actions pending on the date mentioned before the Supreme Court of Spain against citizens of the territory which by this treaty ceases to be Spanish shall continue under its jurisdiction until final judgment ; but, such judgment having been rendered, the execution thereof shall be committed to the competent authority of the place in which the case arose.
Page 35 - Civil suits between private individuals which may on the date mentioned be undetermined shall be prosecuted to judgment before the court in which they may then be pending, or in the court that may be substituted therefor.
Page 78 - Had Florida changed its sovereign by an act containing no stipulation respecting the property of individuals, the right of property in all those who became subjects or citizens of the new government would have been unaffected by the change.
Page 35 - Judgments rendered either in civil suits between private individuals, or in criminal matters, before the date mentioned and with respect to which there is no recourse or right of review under the Spanish law, shall be deemed to be final, and shall be executed in due form by competent authority in the territory within which such judgments should be carried out.
Page 34 - House be asked to reverse its own decision. . . . that a decision of this House upon a question of law is conclusive, and that nothing but an Act of Parliament can set right that which is alleged to be wrong in a judgment of this House.
Page 69 - Though we doubt whether the duties of an annexing State towards those claiming under concessions or contracts granted or made by the annexed State have been defined with such precision in authoritative statement, or acted upon with such uniformity in civilized practice, as to warrant their being termed rules of international law...
Page 85 - On the 14th of August, 1878, a supplementary agreement was signed, giving to Her Britannic Majesty for the term of the occupation full powers for making laws and conventions for the government of the island in Her Majesty's name, and for the regulation of its commercial and consular relations and affairs, free from the Porto's control.
Page 13 - ... the international law sought to be applied must, like anything else, be proved by satisfactory evidence, which must show either that the particular proposition put forward has been recognized and acted upon by our own country, or that it is of such a nature, and has been so widely and generally accepted, that it can hardly be supposed that any civilized state would repudiate it.