Elements of International Law

Front Cover
Little, Brown, 1855 - Droit international - 728 pages
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Contents

System of Heffter
14
Treaties of Vienna respecting the great European rivers
16
Definition of international law
22
Sovereign princes the subjects of international law
28
Sovereignty defined
29
Sovereignty how acquired
30
Identity of a State
31
Identity of a State how affected by external violence
32
By the joint effect of internal and external violence confirmed by treaty
33
Province or colony asserting its independence how considered by other foreign States
34
International effects of a change in the person of the sovereign or in the internal constitution of the State
36
Sovereign States defined
45
Tributary and vassal States
51
Single or united States
55
Real union under the same sovereign
56
Union between Russia and Poland
57
Federal union
58
Confederated States each retaining its own sovereignty
59
United States of America
72
Swiss Confederation
79
PART SECOND ABSOLUTE INTERNATIONAL RIGHTS OF STATES CHAPTER I
85
Right of intervention or interference
87
Wars of the French Revolution
94
Congress of Aix la Chapelle of Troppau and of Laybach
95
Congress of Verona
96
War between Spain and her American colonies
97
British interference in the affairs of Portugal in 1826
98
tion of 1830
105
Independence of the State in respect to its internal government
106
Independence of every State in respect to the choice of its rulers
108
CHAPTER II
112
Conflict of laws
113
Lex loci ræi sitæ
116
Droit daubaine
117
Lex domicilii
119
Personal status
121
Lex loci contractus
140
Lex fori
143
Jurisdiction of the State over its public and private vessels on the high seas
158
Consular jurisdiction
167
Independence of the State as to its judicial power
168
Extent of the judicial power over criminal offences
174
Extraterritorial operation of a criminal sentence
181
Piracy under the law of nations
185
Extent of the judicial power as to property within the territory
196
Conclusiveness of foreign sentences in rem
197
Extent of the judicial power over foreigners residing within the terri tory
200
Distinction between the rule of decision and rule of proceeding in cases of contract
202
Conclusiveness of foreign sentences in personal actions
205
CHAPTER III
210
PART THIRD
273
Letters of credence
282
COMMENCEMENT OF WAR AND ITS IMMEDIATE EFFECTS PAGE 1 Redress by forcible means between nations
361
Trading with the enemy unlawful on the part of subjects of the bel ligerent State
381
Trade with the common enemy unlawful on the part of allied subjects
390
Contracts with the enemy prohibited
392
Species of residence constituting domicile
394
Merchants residing in the east
407
House of trade in the enemys country
409
National character of ships
413
Sailing under the enemys license
414
CHAPTER II
416
Exchange of prisoners of war
417
Enemys property how far subject to capture and confiscation
419
Ravaging the enemys territory when lawful
420
Distinction between private property taken at sea or on land
429
What persons are authorized to engage in hostilities against the enemy
430
Privateers
431
Title to property captured in war
432
Recaptures and salvage
437
Validity of maritime captures determined in the courts of the captors country
456
Jurisdiction of the courts of the captor how far exclusive
458
Condemnation by consular tribunal sitting in the neutral country
460
Title to real property how transferred in war Jus postliminii
469
Good faith towards enemies
470
Power to conclude an armistice
471
Rules for interpreting conventions of truce
472
Recommencement of hostilities on the expiration of truce
473
Passports safeconducts and licenses
475
Licenses to trade with the enemy
476
Authority to grant licenses
477
Ransom of captured property
478
CHAPTER III
480
Different species of neutrality
481
Imperfect neutrality
482
Neutrality modified by a limited alliance with one of the belligerent parties
489
Qualified neutrality arising out of antecedent treaty stipulations admit ting the armed vessels and prizes of one belligerent into the neutral ports whilst ...
490
Hostilities within the territory of the neutral State
491
Captures within the maritime territorial jurisdiction or by vessels stationed within it or hovering on the coasts
492
Vessels chased into the neutral territory and there captured
493
Claim on the ground of violation of neutral territory must be sanctioned by the neutral State
494
Prohibition enforced by municipal statutes
500
The two maxims of free ships free goods and enemy ships enemy goods
507
Contraband of
516
Transportation of military persons and despatches in the enemys service
562
Rule of the war of 1756
573
Breach of blockade
581
Right of visitation and search
587
Right of a neutral to carry his goods in an armed enemy vessel
593
CHAPTER IV
607
PAGE
625
Act to remodel the diplomatic and consular systems of the United States
634
Debate on neutral rights House of Commons July 4 1854
643
Persons exempt from acts of hostility 419
709
Interference of the Christian powers of Europe in favor of the Greeks 100
712
Usage of permanent diplomatic missions
714

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Page 182 - ... upon complaint made under oath, to issue a warrant for the apprehension of the fugitive or person so charged, that he may be brought before such judges or other magistrates, respectively, to the end that the evidence of criminality may be heard and considered; and if, on such hearing, the evidence be deemed sufficient to sustain the charge, it shall be the duty of the examining judge or magistrate to certify the same to the proper Executive authority, that a warrant may issue for the surrender...
Page 241 - American fishermen shall be admitted to enter such bays or harbours for the purpose of shelter and of repairing damages therein, of purchasing wood, and of obtaining water, and for no other purpose whatever. But they shall be under such restrictions as may be necessary to prevent their taking, drying or curing fish therein, or in any other manner whatever abusing the privileges hereby reserved to them.
Page 693 - After we shall have offered Spain a price for Cuba far beyond its present value, and this shall have been refused, it will then be time to consider the question, docs Cuba, in the possession of Spain, seriously endanger our internal peace, and the existence of our cherished Union ? " Should this question be answered in the affirmative, then, by every law, human and divine, we shall be justified in wresting it from Spain, if we possess the power...
Page 176 - Agents shall have the right, as such, to sit as judges and arbitrators in such differences as may arise between the Captains and crews of the vessels belonging to the nation whose interests are committed to their charge, without the interference of the local authorities...
Page 102 - 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 244 - The high contracting parties hereby solemnly engage to consider the decision of the Commissioners conjointly, or of the Arbitrator or Umpire, as the case may be, as absolutely final and conclusive in each case decided upon by them or him respectively.
Page 240 - Belleisle and thence Northwardly indefinitely along the Coast, without prejudice however, to any of the exclusive Rights of the Hudson Bay Company...
Page 199 - 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 244 - Islands, for the purpose of drying their nets and curing their fish ; provided that, 'in so doing, they do not interfere with the rights of private property, or with British fishermen in the peaceable use of any part of the said coasts in their occupancy for the same purpose.
Page 461 - The constitution vests the whole judicial power of the United States in one Supreme Court, and such inferior courts as congress shall, from time to time, ordain and establish.

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