Outlines of International Law

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

From inside the book

Contents

The enunciation of the Monroe Doctrine
29
The declaration of Paris
30
Grotius the founder of the science of modern international law
32
The successors of Grotius
38
From the declaration of Paris to the treaty of Washington 1871
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
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
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 state of insurgency
77
The state of belligerency and its recognition
81
The recognition of a new state
85
Continuity of states
88
De facto governments
90
Extinction of states
91
The formation of a state by occupation or colonization in a ter ritory without civilized population 47 The formation of a state by the attainment after ...
92
The combination of a number of minor states into a union or confederation
93
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
The attainment of independence by an insurgent community 72
136
73
139
190
141
74
143
75
145
CHAPTER VIII
147
76
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
Nationality CHAPTER IX
175
Citizenship by birth
178
Naturalization
181
Corporations as citizens 88 Aliens 89 Domicile 90 Extradition PAGN
185
Extradition of deserters
192
PART IIIINTERCOURSE OF STATES IN TIME OF Immunities of the head of a state PEACE CHAPTER X
195
93
196
agents 199 202 204 206 210 212 Diplomatic intercourse
197
The appointment and reception of embassies or diplomatic
199
Rank and classification of diplomatic officials
202
The duties of diplomatic officials
204
The rights and privileges of diplomatic officials
206
Right of asylum in legations and embassies
210
Termination of diplomatic mission
212
Agents of the state without diplomatic or consular character
213
CHAPTER XI
218
CHAPTER XIII
242
Nature and classification of treaties
243
The parties to a treaty
244
Matters necessary to the validity of treaties
245
Form and ratification of treaties
246
Enforcement of treaties
250
The operation of treaties
253
CHAPTER XIV
257
The mostfavorednation clause
260
Termination of treaties
263
Effect of war upon treaties
264
Abrogation or modification of treaties
268
CHAPTER XV
271
Arbitration
274
International commissions of inquiry
277
Obligatory arbitration
278
The judicial settlement of international disputes
279
CHAPTER XVI
283
Retorsions
285
Reprisals
286
Pacific blockade
289
PART IVWARRELATIONS OF BELLIGERENTS CHAPTER XVII
293
Outbreak of war
294
Armed forces of the state
298
CHAPTER XIX
309
237
326
CHAPTER XX
332
Capture of enemys merchantmen
340
157
346
UNNEUTRAL SERVICE
347
CHAPTER XXI
355
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
423
PAGE
427
The carriage of persons and despatches for the enemy
442
The opening to neutrals of a trade closed in peace
449
CHAPTER XXVIII
458
International prizecourt
466
Days of grace at the outbreak of
473
LIST OF AUTHORITIES CONSULTED
481
THE RECOGNITION OF BELLIGERENCY AND OF INDEPENDENCE
487
238
493
APPENDIX II
500
APPENDIX III
520
APPENDIX IV
535
APPENDIX V
598
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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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