Outlines of International Law

Front Cover
C. Scribner's sons, 1914 - International law - 616 pages

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Contents

Observance of international law
11
CHAPTER II
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
The Dark and Middle Ages
27
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 peace of Utrecht to the French Revolution
41
From the outbreak of the French Revolution to the congress of Vienna
43
From the congress of Vienna to the declaration of Paris
44
The enunciation of the Monroe Doctrine
46
The declaration of Paris
47
From the declaration of Paris to the treaty of Washington isri
49
From the treaty of Washington of 1871 to the first Hague con ference
50
The first Hague conference
52
The second Hague conference
53
The declaration of London
57
Events since 1909 bearing upon international law
59
PART IISTATES IN INTERNATIONAL LAW CHAPTER IV
61
Equality of sovereign states in a legal sense
62
States communities corporations and institutions that are not primarily subjects of international law
63
Neutralized states
65
Partsovereign states and protectorates
67
The North American Indians and the native princes of British India
68
CHAPTER V
72
The formation of a state by occupation or colonization in a ter ritory without civilized population
73
The formation of a state by the attainment after previous existence of sufficiently full civilization and standing
74
Formation of states by the division of a state into two or more nationalities 49 The attainment of independence by relief from the subjection
75
The combination of a number of minor states into a union or confederation
76
The state of insurgency
77
The state of belligerency and its recognition
81
Nationality
84
The recognition of a new state
85
Continuity of states
88
De facto governments
90
Extinction of states
91
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
119
State servitudes
123
Territorial waters
125
The marine league
126
Straits
131
Rivers
134
Interoceanic canals
136
The Panama Canal
139
HayBunauVarilla treaty
143
CHAPTER VIII
147
The freedom of the high seas
148
Jurisdiction over vessels upon the high seas and other waters
152
Piracy
154
Right of approach
155
Papers carried by merchant vessels
156
Immunities of foreign vessels of war in ports and waters
158
Immunity from arrest when asylum is sought on board vessels of war
162
Status of merchant vessels in foreign ports
167
PAGB
175
PART IIIINTERCOURSE OF STATES IN TIME
195
Rank and classification of diplomatic officials
202
Right of asylum in legations and embassies
210
CHAPTER XI
218
Exequaturinstallation of the consul
225
Foreign consular systems
232
PAOD
242
CHAPTER XIV
257
CHAPTER XIX
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
Prisoners of war
317
Hostilities
324
Spies
326
Flags of truce
327
Capitulations
328
Reprisals or retaliation
329
CHAPTER XX
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
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 123
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
428 433 436
441
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 442 447 449 451
453
CHAPTER XXVIII
458
The sending in of prizes for their adjudication
462
isdiction of national prize tribunals 204 International prizecourt 205 Compensation for capture when found void
463
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 OP AUTHORITIES CONSULTED
481
THE RECOGNITION OF BELLIGERENCY AND OF INDEPENDENCE
487
APPENDIX II
500
APPENDIX III
520
APPENDIX IV
535
APPENDIX V
598
Armed forces of the state
603
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Page 141 - 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...
Page 535 - 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...
Page 345 - Convention for the adaptation to maritime warfare of the principles of the Geneva Convention of August 22, 1864.
Page 599 - States, enlist or enter himself, or hire or retain another person to enlist or enter himself, or to go beyond the limits or jurisdiction of the United States...
Page 415 - 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...
Page 519 - 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.
Page 144 - 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.
Page 507 - Powers as the most effective, and, at the same time, the most equitable means of settling disputes which diplomacy has failed to settle.
Page 312 - 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.
Page 108 - ... instant, overwhelming, and leaving no choice of means, and no moment for deliberation.

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