International Law: A Treatise, Volumen1

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Longmans, Green, 1905

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Essential Difference between International and Municipal Law
21
Certain Rules of Municipal Law necessitated or interdicted
22
Presumption against conflicts between International
23
Municipal Law 24 Presumption of Existence of certain necessary Municipal Rules 25 Presumption of the Existence of certain Municipal Rules in Con...
25
Range of Dominion of International Law controversial
26
Three Conditions of Membership of the Family of Nations
27
Present Range of Dominion of the Law of Nations
28
Treatment of States outside the Family of Nations
29
Codification of the Law of Nations 22
30
Movement in Favour of Codification 31 Work of the Hague Peace Conference 32 U S Naval War Code
39
CHAPTER II
44
The Jews
45
The Greeks
48
The Romans
50
No need for a Law of Nations during the Middle Ages
52
SECT PAGE II Development of the Law of Nations after Grotius 43 The time of Grotius
58
The period 16481721
60
The period 17211789
62
The period 17891815
63
The period 18151856
65
The period 18561874
68
The period 18741899
70
The Twentieth Century
72
Five Lessons of the History of the Law of Nations
73
The Fifteenth and Sixteenth Century 35 37 38 38
76
Grotius
77
Zouche
81
The Naturalists
82
The Positivists
83
The Grotians
85
Treatises of the Nineteenth and Twentieth Centuries
87
The Science of the Law of Nations in the Nineteenth Cen tury as represented by treatises
90
Collection of Treaties
94
Bibliographies
95
PART I
97
39
99
Conception of the State
100
Notfull Sovereign States ΙΟΙ
101
Divisibility of Sovereignty contested
103
Meaning of Sovereignty in the Eighteenth Century
105
Meaning of Sovereignty in the Nineteenth Century
106
Result of the Controversy regarding Sovereignty
108
44
111
Changes in the Condition of International Persons
114
How far Succession actually takes place
120
SECT PAGE 123 Independence and Territorial as well as Personal Supremacy as Aspects of Sovereignty 170
123
Consequences of Independence and Territorial and Personal
124
States in Personal Union
126
Vassal States
133
Protectorates outside the Family of Nations
139
369
140
No essential difference between Christian and other States
147
International Persons of the Present
154
Titles of States
166
Conception of State Territory
168
Supremacy
171
Violations of Independence and Territorial and Personal Supremacy
172
Restrictions upon Independence
174
Restrictions upon Territorial Supremacy
175
Restrictions upon Personal Supremacy
176
Selfpreservation 129 Selfpreservation an excuse for violations
177
What acts of selfpreservation are excused
178
Case of the Danish Fleet
179
Case of Amelia Island
180
45
181
Intervention by Right
183
Admissibility of Intervention in default of Right
185
Intervention in the interest of Humanity
186
Intervention de facto a Matter of Policy
187
The Monroe Doctrine
188
Merits of the Monroe Doctrine
190
Intercourse 141 Intercourse a presupposition of International Personality
191
Consequences of Intercourse as a presupposition of Inter national Personality
193
Jurisdiction 143 Jurisdiction important for the position of the States within the Family of Nations
194
H45 Jurisdiction over Citizens abroad
195
Criminal Jurisdiction over Foreigners in Foreign States
196
RESPONSIBILITY OF STATES
198
Conception of International Delinquencies
205
Lakes and Landlocked Seas
230
204
258
Object of State Servitudes
259
Jurisdiction on the Open Sea mainly connected with Flag
260
Claim of Vessels to sail under a certain Flag
261
212
267
SECT PAGE 223 Inchoate Title of Discovery
277
Notification of Occupation to other Powers
278
Protectorate as Precursor of Occupation
280
Spheres of influence
281
Consequences of Occupation
282
Accretion
283
Conception of Accretion
284
Deltas
285
Abandoned Riverbeds
286
Subjugation 236 Conception of Conquest and of Subjugation
287
Subjugation in Contradistinction to Occupation
288
Subjugation of the whole or of a part of Enemy Territory
290
Veto of third Powers
292
Prescription
293
Conception of Prescription
294
Loss of State Territory 244 Six modes of losing State Territory
296
Operation of Nature
297
Dereliction
298
CHAPTER II
300
Practical Expression of claims to Maritime Sovereignty
302
Grotiuss Attack on Maritime Sovereignty
303
Gradual recognition of the Freedom of the Open Sea
305
Zone for Revenue and Sanitary Laws
309
Dignity a Quality
311
Ship Papers 263 Names of Vessels 264 Territorial Quality of Vessels on the Open Sea 265 Safety of Traffic on the Open Sea 266 Powers of Menofwa...
315
How Verification of Flag is effected 268 How Visit is effected
316
263
318
How far Foreigners can be treated according to Discretion
321
Departure from the Foreign Country
322
How Arrest is effected 271 Shipwreck and Distress on the Open Sea 322 323
323
Just Causes of Expulsion of Foreigners
324
Object of Piracy 276 Piracy how effected 279 Pirata non mutat dominium 278 Jurisdiction over Pirates and their Punishment 272 Conception of Pira...
325
Effectuation and Condition of Extradition
332
Fisheries in the Open
333
Fisheries in the North
338
48
339
Necessity of a Head for every State
341
Importance of Individuals to the Law of Nations
344
Bumboats in the North
348
334
352
VOL 1
353
Form of cession
355
Object of Naturalisation
358
Envoys Ceremonial and Political
363
How Absent Nationality occurs
365
The Diplomatic Corps
369
Refusal to receive a certain Individual
375
How Nonextradition of Political Criminals became the Rule
389
Difficulty concerning the Conception of Political Crime
392
285 Fisheries around the Faroe Islands and Iceland 336
394
337
395
Envoy travelling through Territory of third State
398
338 Rationale for the Principle of Nonextradition of Political Criminals 339 How to avoid Misapplication of the Principle of Non extradition of Politi...
400
Monarchs
407
Presidents not Sovereigns
414
Envoys not to interfere in Internal Politics
436
50
438
52
441
Reason and Fictional Character of Exterritoriality
442
The Retinue of Diplomatic Envoys
453
Promotion to a higher Class
460
Redress against Difficulties arising from Double and Absent
464
436
478
Treaty of Constantinople of 1888
495
242
509
CHAPTER III
563
General Act of the Brussels AntiSlavery Conference
567
Responsibility varies with Organs concerned
571
Treaties of Guarantee and of Protection
573
Declaration respecting Egypt and Morocco
585
Declaration concerning Siam Madagascar and the
593
The Institution of Consuls
598
Object of Occupation
600
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Página 227 - 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, so that there shall be no discrimination against any such nation, or its citizens or subjects, in respect of the conditions or charges of traffic, or otherwise. Such conditions and charges of traffic shall be just and equitable.
Página 179 - In the discussions to which this interest has given rise, and in the arrangements by which they may terminate, the occasion has been deemed 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 maintained, are henceforth not to be considered as subjects for future colonization by any European power.
Página 227 - It is agreed that the canal may be constructed under the auspices of the Government of the United States, either directly at its own cost, or by gift or loan of money to individuals or corporations, or through subscription to or purchase of stock or shares, and that, subject to the provisions of the present Treaty, the said Government shall have and enjoy the rights incident to such construction, as well as the exclusive right of providing for the regulation and management of the canal.
Página 558 - Convention for the adaptation to maritime warfare of the principles of the Geneva Convention of August 22, 1864.
Página 36 - Now go and smite Amalek, and utterly destroy all that they have, and spare them not ; but slay both man and woman, infant and suckling, ox and sheep, camel and ass.
Página 560 - If, in the above event, any other Power or Powers should join in hostilities against that ally, the other High Contracting Party will come to its assistance, and will conduct the war in common, and make peace in mutual agreement with it.
Página 227 - No belligerent shall embark or disembark troops, munitions of war, or warlike materials in the canal, except in case of accidental hindrance of the transit, and in such case the transit shall be resumed with all possible dispatch.
Página 59 - that it is an essential principle of the law of nations that no power can liberate itself from the engagements of a treaty, nor modify the stipulations thereof, unless with the consent of the contracting powers, by means of an amicable arrangement.
Página 27 - Convention with Respect to the Laws and Customs of War on Land.

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