The Acquisition and Government of Backward Territory in International Law: Being a Treatise on the Law and Practice Relating to Colonial Expansion
The salient facts in the history of the expansion of European sovereignty in America, Asia, Oceania, and Africa, from the time of the Papal Bulls to that of the bestowal of League of Nations Mandates, are reviewed, and the underlying rules extracted. The matters considered in Part I turn mainly upon the nature of the territory to be acquired, while Part II is devoted to the question "who may become sovereign?" In Part III, the various methods or processes of acquisition and related matters are dealt with, the modern tendency to acquire sovereignty piecemeal being explored in chapters on such subjects as Protectorates, Spheres of Influence, and Leases and rights of occupation and administration. Finally the author considers to what extent international law can be said to regulate the rights and duties of a State that has acquired the whole of a part of the sovereignty over backward territory in its relations with other States and with the natives; and shows that rules are in process of formation for the protection of subject backward peoples in their persons and lands.
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Page 335 - To those colonies and territories which as a consequence of the late war have ceased to be under the sovereignty of the States which formerly governed them and which are inhabited by peoples not yet able to stand by themselves under the strenuous conditions of the modern world, there should be applied the principle that the wellbeing and development of such peoples form a sacred trust of civilization and that securities for the performance of this trust should be embodied in this Covenant.
Page 249 - Islands. which, owing to the sparseness of their population, or their small size, or their remoteness from the centres of civilisation, or their geographical contiguity to the territory of the Mandatory, and other circumstances, can be best administered under the laws of the Mandatory as integral portions of its territory, subject to the safeguards above mentioned in the interests of the indigenous population.
Page 249 - Certain communities formerly belonging to the Turkish Empire have reached a stage of development where their existence .as independent nations can be provisionally recognised subject to the rendering of administrative advice and assistance by a Mandatory until such time as they are able to stand alone.
Page 75 - At the proposal of the Russian Imperial Government, made through the Minister of the Emperor residing here, a full power and instructions have been transmitted to the Minister of the United States at St. Petersburg, to arrange, by amicable negotiation, the respective rights and interests of the two nations on the north-west coast of this Continent.
Page 249 - The degree of authority, control or administration to be exercised by the Mandatory shall, if not previously agreed upon by the Members of the League, be explicitly defined in each case by the Council.
Page 153 - Adverse holding or prescription during a period of fifty years shall make a good title. The arbitrators may deem exclusive political control of a district, as well as actual settlement thereof, sufficient to constitute adverse holding or to make title by prescription.
Page viii - ... international custom, as evidence of a general practice accepted as law; c. the general principles of law recognized by civilized nations ; d. subject to the provisions of Article 59, judicial decisions and the teachings of the most highly qualified publicists of the various nations, as subsidiary means for the determination of rules of law.
Page 8 - America; that they are a sort of "no man's land," not of consistency enough to support the purposes of life, uninhabited, and resorted to only for shooting and taking birds
Page 256 - Japan shall have the right to exercise such control as may be necessary for the maintenance of public order and good government and to take all measures required for such control.
Page 129 - But, as they were all in pursuit of nearly the same object, it was necessary, in order to avoid conflicting settlements, and consequent war with each other, to establish a principle, which all should acknowledge as the law by which the right of acquisition, which they all asserted, should be regulated as between themselves.