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

Front Cover
C. Scribner & Company, 1871 - International law - 487 pages
 

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
The Monroe doctrine 48 Results of an attempt to establish a law of interference in the internal affairs of states
70
Interference in the Belgic revolution of 1830
76
General comity between nations
82
Origin of the privilege of ambassadors
88
Rank of ambassadorsceremonialtermination of their mission
94
Treaties procured by fraud falsehood or force not binding
100
Other modes of confirming the faith of treaties Hostages Pledges
106
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
Fundamental rules of
125
Retaliation
126
Special rules 1 as to weapons and ways of injuring an enemys persoĽ
127
2 Allowable weapons in war 3 Breach of faith Solicitations to crime 128 4 Treatment of captured persons especially of soldiers 5 Treatment of irre...
128
Summing
130
7 Public property
131
8 Sieges and storms of forts and towns
132
Laws of war on the
133
Complete title given by a court
141
Ransom of captured vessels Hostages to secure ransom
142
Recapture Rights of the original owner Jus postliminii
143
Right of sending ambassadors
144
Effects of temporary conquests
145
Intercourse in war 1 for the purposes of
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
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
Treatment of vessels conveying hostile goods
170
Justice of the rules respecting neutral trade considered
171
Former practice in regard to neutral trade
172
Historical illustrations
173
Continued
174
Declaration attached to the peace of Paris in 1856
176
Neutral property in armed enemies vessels
177
Contraband of
178
What goods are contraband in the usage of nations
179
Results as to deciding what articles are contraband Occasional contraband
180
Is it just and sanctioned by usage? Opinions in respect to
181
PART II
182
Penalty for contraband at sea Treaty modifying the penalty
183
Neutrals carrying the enemys despatches Case of the Trent
184
Trade closed in peace but open in
185
Blockade What places can be blockaded? Why is a breach of blockade unlawful? Validity of a blockade Paper or cabinet blockades un lawful
186
Evidence of a blockade What is due notice? What is a discontinuance of a blockade?
187
Penalty for breach of blockade Duration of liability to penalty
188
Attempts to stretch the doctrine of blockade Prussian decree decree First and second orders in council Milan decree ders in council of 1809
189
The right of search Its narrow limits Duty of submitting to it Treaties often regulate the right
190
Rightfulness of war For what may war be undertaken
191
Its justice considered
192
Neutrals under belligerent convoy
193
Search during peace to execute revenue laws
194
Search on suspicion of piracy
195
Search of foreign vessels suspected of being slavers unauthorized
196
But conceded by treaties between most of the European states Examples of such treaties
197
Obligations of the United States in regard to the slavetrade Resolutions of Congress Feb 28 1823 Negotiations in England and convention of 1824 a...
198
Treaty of Washington in 1842 Practice under the treaty
199
What does the right of search mean? Doctrine held by the United States New discussion concerning the right in 1858 1859 New arrangements with G...
200
Nationality of vessels a legitimate matter for inquiry in peace
201
Right of search for her seamen claimed by Great Britain
202
Defects of international law 1 Its uncertainty
203
20a 3 Is there a right of punishing other states
206
Its prospects for the future
209
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
Moral relations or duties and moral claims of states
328
Is the slavetrade piracy?
335
Selection of works relating to international
435
Case of the British ambassador in 1856
469

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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 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 454 - An Act to regulate the conduct of Her Majesty's subjects during the existence of hostilities between foreign States with which Her Majesty is at peace.
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 85 - The character of our coast, remarkable in considerable parts of it for admitting no vessels of size to pass near the shores, would entitle us in reason to as broad . a margin of protected navigation as any nation whatever.
Page 309 - ... reasonable compensation for the loss such arrest shall occasion to the proprietors ; and it shall further be allowed to use in the service of the...
Page 454 - ... in that behalf by the government of the foreign state to which such owner belongs, to make application to the Court of Admiralty for seizure and detention of such prize, and the Court shall, on due proof of the facts, order such prize to be restored.
Page 464 - ... on her register the fact and date of such warning, and if the same vessel shall again attempt to enter or leave the blockaded port, she will be captured and sent to the nearest convenient port for such proceedings against her and her cargo as prize as may be deemed advisable.
Page 146 - No State shall, without consent of Congress, enter into any agreement or Compact with a foreign power.

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