Introduction to the Study of International Law: Designed as an Aid in Teaching and in Historical Studies

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C. Scribner, 1864 - International law - 441 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
76 Use of courts how far allowed to strangers Suits against foreigners
76
Rank of ambassadorsceremonialtermination of their mission
94
Consuls Origin of the consular office Consuls of the middle ages
95
Functions of consuls Their jurisdiction out of Christendom Their privi leges and status Their privileges in nonChristian countries Who can serve as co...
96
Of contract in general especially between states With whom can states make contracts?
97
What treaties are lawful?
98
Treaties made by a limited sovereign
99
Treaties procured by fraud falsehood or force not binding
100
Treaties to do an unlawful thing not binding
101
Kinds of treaties
102
Treaties of alliance
103
Treaties of confederation
104
Treaties of guaranty Guaranties of treaties Origin of guaranties to treaties
105
Other modes of confirming the faith of treaties Hostages Pledges
106
When do treaties begin to be binding?
107
Violation of treaties
108
Interpretation of treaties Repugnant clauses and conflicting treaties
109
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 person
127
Recapture Rights of the original owner Jus postliminii
143
Rewards for capture and recapture Salvage Its amount
144
Effects of temporary conquests
145
92a Privileges of ambassadors
146
2 Licences and safe conducts
147
Truce or armistice
148
Time when a truce begins End of a truce
149
Peace what? Of treaties of peace in general Language used in treaties
150
Restrictions on the power to make peace
151
Effect of treaties of peace
152
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
Justice of the rules respecting neutral trade considered
171
PART II
182
INTERNATIONAL LAW AND USAGE IN A STATE OF WAR CHAPTER I
187
Rightfulness of war For what may war be undertaken? 113 Defensive and offensive
191
20a 3 Is there a right of punishing other states?
206
21
224
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
22
235
Historical illustrations
287
Declaration attached to the peace of Paris in 1856
293
What goods are contraband in the usage of nations?
307
Evidence of a blockade What is due notice? What is a discontinuance
316
Penalty for breach of blockade Duration of liability to penalty
323
Search during peace to execute revenue laws
330
23
353
92c 5 Freedom of private worship
376
The Monroe doctrine
423
Interference in the Belgic revolution of 1830
427

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Page 292 - 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.
Page 219 - Thou shalt not smite them: wouldest thou smite those whom thou hast taken captive with thy sword and with thy bow? set bread and water before them, that they may eat and drink, and go to their master.
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 208 - The practice of robbing merchants on the high seas, a remnant of the ancient piracy, though it may be accidentally beneficial to particular persons, is far from being profitable to all engaged in it, or to the nation that authorizes it.
Page 317 - 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 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 towards 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 300 - And generally all kinds of arms and instruments of iron, steel, brass and copper or of any other materials manufactured, prepared and formed expressly to make war by sea or land.
Page 201 - ... it being unjust and impolitic that debts and engagements contracted and made by individuals having confidence in each other, and in their respective governments, should ever be destroyed or impaired by national authority, on account of national differences and discontents.
Page 310 - ... they are not to be taken out of that free ship, unless they are officers or soldiers, and in the actual service of the enemies...

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