Elements of International Law, Volume 2

Front Cover
Lea and Blanchard, 1836 - Electronic books - 655 pages
 

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Contents

Personal union under the same sovereign ib 6 Real union under the same sovereign
53
Union between Russia and Poland ib 9 Federal union
55
Confederated states each retaining its own sovereignty
56
Supreme federal government or composite state ib 12 Germanic confederation ib 13 United States of America
66
Jurisdiction of the state over its public and private vessels
67
Swiss confederation
68
Sovereignty when acquired
70
Identity of a state how affected by external violence
71
By the joint effect of internal and external violence confirmed by treaty
72
Province or colony asserting its independence how considered by other foreign states
74
RIGHT OF SELFPRESERVATION
81
Interference of the Christian powers of Europe in favour of
91
Freedom of religious worship
94
Conquest and discovery confirmed by compact and the lapse
95
Lex fori
105
Conclusiveness of foreign sentences in rema
120
Conclusiveness of foreign sentences in personal actions
127
CHAPTER IV
137
of time
138
Maritime territorial jurisdiction
142
Extent of the term coasts or shore
143
Claim to contiguous portions of the sea for special purposes
144
Claims to portions of the sea upon the ground of prescription
145
Controversy respecting the dominion of the seas
148
Rivers forming part of the territory of the state
150
Right of innocent passage on rivers flowing through different states
151
Incidental right to use the banks of the rivers ib 14 These rights imperfect in their nature
152
Modification of these rights by compact ib 16 Treaties of Vienna respecting the great European rivers ib 17 Navigation of the Rhine
153
Navigation of the Mississippi
155
Navigation of the St Lawrence
161
PART THIRD
165
National prietary rights
167
Right to send and obligation to receive public ministers ib 3 Rights of legation to what states belonging
168
How affected by civil war or contest for the sovereignty
169
Conditional reception of foreign ministers ib 6 Classification of public ministers
170
Letters of credence
172
Full power
173
Passport ib 11 Public minister passing through the territory of another state than that to which he is accredited
174
Termination of public mission
182
Auxiliary legislative measures how far necessary to the validi
188
Treaties of alliance
194
Rule of reciprocity
218
Debts due to the enemy
219
Trading with the enemy unlawful on the part of subjects of the belligerent state
221
Trade with the common enemy unlawful on the part of al lied subjects
227
Contracts with the enemy prohibited
228
Persons domiciled in the enemys country liable to reprisals
229
Species of residence constituting domicil
230
Merchants residing in the east
244
House of trade in the enemys country
246
RIGHTS OF WAR AS BETWEEN ENEMIES PAGE 1 Rights of war against an enemy
249
Limits to the rights of war against the persons of an enemy ib 3 Exchange of prisoners of war
251
Enemys property how far subject to capture and confiscation
252
Ravaging the enemys territory when lawful
253
Distinction between private property taken at sea or on land
254
What persons are authorized to engage in hostilities against 9 Noncommissioned captors
255
Privateers ib 11 Title to property captured in war
256
Validity of maritime captures determined in the courts of the captors country
257
Jurisdiction of the courts of the captor how far exclusive
258
Condemnation by consular tribunal sitting in the neutral country
259
Responsibility of the captors government for the acts of its commissioned cruisers and courts
260
Title to real property how transferred in war jus postliminii
269
Good faith towards enemies
270
Power to conclude an armistice
271
Period of its operation ib 21 Rules for interpreting conventions of truce
272
Recommencement of hostilities on the expiration of truce
273
Capitulations for the surrender of troops and fortresses ib 24 Passports safeconducts and licenses
275
Licenses to trade with the enemy ib 26 Authority to grant licenses
277
Ransom of captured property
278
RIGHTS OF WAR AS TO NEUTRALS
281
Limitations of the neutral jurisdiction to restore in cases
289
Immunity of the neutral territory how far it extends to neu
296
91 Conventional law as to free ships free goods
301
Diplomatic history
304
Contraband of war
311
Penalty for the carrying of contraband
329
Breach of blockade
336
Right of visitation and search
347
Neutral vessels under enemys convoy liable to capture
353
CHAPTER IV
365
From what time the treaty of peace commences its operation
371
Disputes respecting its breach how adjusted

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Page 65 - ... to make rules for the government of the land and naval forces...
Page 87 - It is impossible that the Allied Powers should extend their political system to any portion of either continent without endangering our peace and happiness; nor can any one believe that our southern brethren, if left to themselves, would adopt it of their own accord. It is equally impossible, therefore, that we should behold such interposition in any form with indifference.
Page 87 - ... principle satisfactory to themselves, to have interposed, by force, in the internal concerns of Spain. To what extent such interposition may be carried on the same principle, is a question in which all independent powers whose governments differ from theirs are interested, even those most remote, and surely none more so than the United States.
Page 49 - 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.
Page 154 - His Catholic Majesty will permit the citizens of the United States, for the space of three years from this time, to deposit their merchandise and effects in the port of New Orleans, and to export them from thence without paying any other duty than a fair price for the hire of the stores...
Page 115 - No principle of general law is more universally acknowledged than the. perfect equality of nations. Russia and Geneva have equal rights. It results from this equality, that no one can rightfully impose a rule on another. Each legislates for itself, but its legislation can operate on itself alone.
Page 343 - The only security known to the law of nations upon this subject, independently of all special covenant, is the right of personal visitation and search, to be exercised by those who have the interest in making it.
Page 90 - Russias, penetrated with the necessity of putting an end to the sanguinary contest which, by delivering up the Greek provinces and the isles of the Archipelago to all the disorders of anarchy, produces daily fresh impediments to the commerce of the European States, and gives occasion to piracies, which not only expose the subjects of the High Contracting Parties to considerable losses, but besides render necessary burdensome measures of protection and repression...
Page 335 - And whereas it frequently happens that vessels sail for a port or place belonging to an enemy, without knowing that the same is...

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