Commenentaries Upon International Law, Volume 3T. & J. W. Johnson, 1857 - International law |
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Page xxxviii
... opinion that the drawing such an infer- ence would be putting an unfair construction on Mr. Eckhoff's affidavit , especially as it is plain that he looked to Mr. Sorenson ( the father ) to carry him through the transaction , and being ...
... opinion that the drawing such an infer- ence would be putting an unfair construction on Mr. Eckhoff's affidavit , especially as it is plain that he looked to Mr. Sorenson ( the father ) to carry him through the transaction , and being ...
Page xxxix
... opinion their lordships fully concur . But , then , the second point above stated remains . Did any interest in the ship remain in the seller at the time of capture ? And this is a point more difficult of solution . The decision of the ...
... opinion their lordships fully concur . But , then , the second point above stated remains . Did any interest in the ship remain in the seller at the time of capture ? And this is a point more difficult of solution . The decision of the ...
Page xliv
... opinion that the claimant was to be con- sidered as an enemy of the British Crown at the time of the seizure , and that he had , therefore , no persona standi in the court . The grounds of the decision are thus stated in the report of ...
... opinion that the claimant was to be con- sidered as an enemy of the British Crown at the time of the seizure , and that he had , therefore , no persona standi in the court . The grounds of the decision are thus stated in the report of ...
Page xlv
... dominion , Lord Stowell has in several cases expressed his opinion . In the case of The Fama , 5 Rob . 114 , he lays it down that in order to complete the right of property , there must in re . be both right to the thing and ADDENDA . xlv.
... dominion , Lord Stowell has in several cases expressed his opinion . In the case of The Fama , 5 Rob . 114 , he lays it down that in order to complete the right of property , there must in re . be both right to the thing and ADDENDA . xlv.
Page lvi
... opinion better than in the language used by Dr. Lush- ington , in the beginning of his judgment on the hearing before him : " On the part of the claimant , a very long argument was addressed to the court , impugning the conduct of the ...
... opinion better than in the language used by Dr. Lush- ington , in the beginning of his judgment on the hearing before him : " On the part of the claimant , a very long argument was addressed to the court , impugning the conduct of the ...
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Common terms and phrases
appears authority belligerent bello bellum belonging Blockade Britain British Bynkershoek capture cargo character circumstances claim claimant commerce condemnation confiscation considered Contraband Council Court of Admiralty Cranch's Amer Crown declaration decree Denmark doctrine droit effect enemy enemy's England English été fait favour foreign France free ships French Government Grotius guerre Holland hostile International Law jure jurisdiction jurists justice King Law of Nations letters of marque Lord Stowell Majesty Majesty's maritime Martens ment Moldavia navire neutral neutral country North American United observed opinion owner parties peace person port Portugal possession postliminium principle Prises Privy Council Prize Court Prize Law qu'il quæ question quod Recapture Reprisals respect restored Roman Law rule Russia says seront sovereign Spain stipulations Sublime Porte sujets Sweden taken territory tion trade Traité Treaty Treaty of Utrecht Valin Vattel vessel Vide
Popular passages
Page 560 - Washington within six months from the date hereof, or earlier if possible. In faith whereof, we, the respective Plenipotentiaries, have signed this treaty and have hereunto affixed our seals. Done in duplicate at Paris, the tenth day of December, in the year of Our Lord one thousand eight hundred and ninety-eight.
Page 599 - That the uncertainty of the law, and of the duties in such a matter, gives rise to differences of opinion between neutrals and belligerents, which may occasion serious difficulties, and even conflicts...
Page 255 - 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 562 - The Commissioners so named shall meet in the city of Halifax, in the Province of Nova Scotia, at the earliest convenient period after they have been respectively named, and shall, before proceeding to any business, make and subscribe a solemn declaration that they will impartially and carefully examine and decide the matters referred to them to the best of their judgment, and according to justice and equity ; and such declaration shall be entered on the record of their proceedings.
Page 599 - 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 384 - The seat of judicial authority is, indeed, locally here, in the belligerent country, according to the known law and practice of nations ; but the law itself has no locality. It is the duty of the person who sits here to determine this question exactly as he would determine the same question if sitting at Stockholm...
Page 505 - ... 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 to their ancient sovereign is dissolved,...
Page 558 - It is agreed by the High Contracting Parties that British subjects shall have, in common with the citizens of the United States, the liberty, for the term of years mentioned in Article XXXIII. of this Treaty, to take fish of every kind...
Page 562 - The High Contracting Parties hereby solemnly engage to consider the decision of the Commissioners conjointly, or of the Arbitrator or Umpire, as the case may be, as absolutely final and conclusive in each case decided upon by them or him, respectively.
Page iv - His imperial majesty the Sultan having, in his constant solicitude for the welfare of his subjects, issued a firman which, while ameliorating their condition without distinction of religion or of race, records his generous intentions towards the Christian population of his empire, and wishing to give a further proof of his sentiments in that respect, has resolved to communicate to the contracting parties the said firman, emanating spontaneously from his sovereign will.