The Diplomatic Protection of Citizens Abroad: Or, the Law of International Claims

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Banks Law Publishing Company, 1915 - 988 páginas

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Contenido

Matters of Private Law
44
EXPULSION
48
Grounds of Expulsion
51
Method of Exercising Right of Expulsion
54
International Phases of Expulsion
55
Grounds of International Claims
57
In Time of War
61
Extradition
62
POLITICAL RIGHTS AND DUTIES
63
Military Service
64
CIVIL RIGHTS
69
Types of Legislative Systems
71
Public Rights
73
Private Rights
86
Transient and Domiciled Aliens
91
Subjection to Territorial Law
94
Criminal Proceedings
96
Limitations upon Territorial JurisdictionExtraterritoriality
102
Equality of Alien and National not always Internationally Suffi cient
104
Treaty Rights of Aliens in the United States
107
POSITION IN WAR
109
PAGE
110
CHAPTER III
116
Distinction between Governmental and Corporate Functions
117
Judicial Control over Acts of Administration
118
When State is Responsible and Incidence of Liability
120
THE STATE AS A PUBLIC Power
125
Judicial Acts
129
EXECUTIVE AND ADMINISTRATIVE ACTS
131
THE FRENCH SYSTEM
134
Respective Liability of State and Officer
138
Limitations on State Liability for Administrative Acts
139
57 Liability of Municipalities
140
Resumé
142
Pecuniary Liability of the State
143
SYSTEMS OF OTHER EUROPEAN COUNTRIES
147
Italy
148
62a AustriaHungary
150
Switzerland
152
Belgium and Other Countries
153
Roumania
154
Comparison of Continental Systems
155
ANGLOAMERICAN SYSTEM
156
Suit for Pecuniary Damages Liability of Municipal Corporations
157
Principle of State Immunity from Pecuniary Liability
159
Limited Right of Action Granted by Statute
162
LIABILITY OF OFFICERSCOMPARATIVE Law
171
Foreign States before Municipal Courts
175
CHAPTER IV
177
AUTHORITIES OF THE STATE
180
LEGISLATIVE AUTHORITIES
181
EXECUTIVE AND ADMINISTRATIVE AUTHORITIES
183
Tortious Acts
185
78 Diplomatic Naval and Military Officers
187
Minor Officials
189
Soldiers
193
JUDICIAL AUTHORITIES
195
POLITICAL SUBDIVISIONS OF THE STATE
199
Succession of States and Apportionment of Debts
202
DE FACTO GOVERNMENTS
205
Criteria of De Facto Government Effect of Recognition
210
CHAPTER V
213
Factors Imposing Liability upon the Government
217
Brigandage
219
MOB VIOLENCE
220
Special Protection Due in Certain Cases
222
Factors Imposing Liability upon the Government
223
Statutory Compensation by Municipalities
226
CIVIL WAR INJURIES
228
Limitations on General Rules Effect of Recognition Continued Residence Participation and Amnesty
235
B Countries Which Recognize Foreign Naturalization upon Con
238
Insurgents in Temporary Control of Limited Areas
239
Successful Revolution
241
Experience of LatinAmerica
242
CHAPTER VI
246
99 Theory of Compensation for War Losses
247
A State of War
248
Position of Aliens in Hostile Territory
250
Enemy Character
253
War on Land
255
Appropriation of Private Property
262
Requisitions and Contributions
267
War at Sea
270
Neutral Obligations
277
State Indemnity
279
CHAPTER VII
281
CONTRACTS BETWEEN INDIVIDUALS
283
CONTRACTS BETWEEN CITIZEN AND FOREIGN GOVERNMENT
284
Use of Good Offices Authorized
288
Qualifications of General Rule of NonInterposition
291
Arbitration
296
BONDS OF PUBLIC DEBT
302
Remedy in Municipal Courts
305
International Remedies The Drago Doctrine
308
Diplomatic Interposition and Intervention Opinions of Publicists
310
Practice of Nations
313
The Porter Proposition at The Hague
318
Relation between Porter Proposition and Drago Doctrine
321
Public Bonds before Tribunals of Arbitration
322
The United States and CentralAmerican Loans
325
Conclusion
327
CHAPTER VIII
330
Conditions Incident and Precedent to Diplomatic Interposition
331
Denial of Justice in International Practice
335
Extent to which Unjust Judgment of Municipal Court is Inter nationally Binding
340
CHAPTER IX
344
Diplomatic Protection a Limitation on Territorial Jurisdiction
346
THE EXERCISE OF DIPLOMATIC PROTECTION
349
CHAPTER II
355
National Claims which Survive Private Settlement
362
No Obligation to Consult Claimant
371
Circumstances under which Government is Liable
378
Award or Indemnity a National Fund Free from Individual Lien
383
Nature of Individual Claimants Title to Fund
384
Its Distribution a Matter of Executive or Congressional Discretion Free from Judicial Control
385
Practice of Department of State under Act of February 27 1896
388
Who are Claimants Entitled to Distribution of Funds
391
Conflicting Claims of Secondary Beneficiaries Usually Referred to Courts
392
Method of Proving Title as Claimant or Beneficiary
393
Method of Making Payment
395
Remedies of Rival Claimants or Beneficiaries Secretarys Deter mination not Final
396
Expenses of Arbitration Usually Charged to Claimants
397
CHAPTER V
399
Fostering American Interests Abroad
400
Preventive Measures
401
Request for Local Protection in Foreign Country
402
Consular Administration of Decedents Estates
404
Degree of Assistance in Certain Cases
405
The Backward Countries of Near and Far East
406
Miscellaneous Cases
407
Financial Relief
409
MEASURES OF DAMAGES
413
Circumstances under which Claims for Indirect Damages Allowed
416
Punitive or Exemplary Damages
419
Treaties
438
Methods of Redress of Injuries
439
Good Offices
440
Diplomatic Interposition
441
Mediation
442
NONAMICABLE METHODS
445
Display of Force
446
Use of Armed Force
448
Reprisals
453
War
455
PART III
457
Naturalized Citizens Abroad
460
Citizenship Usually Essential to Protection
462
Occasional Protection of Foreigners
463
PROTECTION OF FOREIGNERS IN EXTRATERRITORIAL COUNTRIES
467
Protégé System
468
DELEGATED PROTECTION
471
Occasions of Exercise
472
SEAMEN
475
VESSELS
478
American Ownership the Test of Title to Protection
480
Proper Use of Flag
483
PROOF AND EVIDENCE OF CITIZENSHIP
486
EVIDENCE OF CITIZENSHIP
492
OTHER FORMS OF EVIDENCING CITIZENSHIP
514
CHAPTER III
528
dition Only
546
C Countries Which Have Concluded Naturalization Treaties with the United States
548
Germany and AustriaHungary
550
Renunciation of Naturalization
552
Act of March 2 1907
554
DOMICIL AS CONFERRING NATIONAL CHARACTER
555
Domicil Neither Confers nor Forfeits Citizenship
558
Belligerent Domicil
559
Effect of Domicil before International Tribunals
561
EFFECT OF DECLARATION OF INTENTION TO BECOME A CITIZEN
565
Anomalous Position of Declarant
567
Protection of Declarants
568
DOMICIL PLUS DECLARATION OF INTENTION
570
Erroneous Interpretations
572
Decisions of United StatesMexican Commission of 1868
574
Dual NATIONALITY
575
The Jus Soli
577
The Jus Sanguinis
578
Protection Abroad in Cases of Dual Nationality
580
Foreignborn American Citizens
582
Right of Election
584
Decisions of International Tribunals of Arbitration
587
Measures to be Adopted to Adjust Conflicts of Nationality
590
Absence of Nationality
591
CHAPTER IV
593
Foreignborn Wife of American Citizen
594
Foreignborn Widow of American Citizen
598
Americanborn Wife of an Alien
601
Americanborn Widow of an Alien
604
Decisions of International Tribunals of Arbitration
605
CHILDREN
606
Foreignborn Children of American Citizens
608
Election of Citizenship under 6 of Act of 1907
609
Citizenship by Naturalization of Parent
611
Illegitimate Children
612
PARTNERS
613
Decisions of International Tribunals of Arbitration
614
Surviving Partners
616
CORPORATIONS
617
AngloAmerican Law
619
Diplomatic Protection of American Corporations Conditions
620
Foreign Corporation Substantially Owned by American Citizens
622
Rule of International Tribunals
623
Effect of Citizenship of Stockholders upon Jurisdiction of Inter national Commissions
625
CHAPTER V
627
Decisions of International Tribunals
628
Law Governing Distribution of Estate
630
286a Survivorship of Claims
632
EXECUTORS AND ADMINISTRATORS
633
Citizenship of Original Claimant Governs Jurisdiction
634
ASSIGNEES
636
Assignor and Assignee Must have Same Citizenship
637
Special Provisions of Federal Statutes in Certain Cases
638
293 Assignees in Bankruptcy
641
Receivers
642
Creditors
643
Mortgagees
645
Insurers
646
American Insurers of Foreign Property
647
Foreign Insurers of American Property
649
Provisions of Federal Statutes
650
LIMITATIONS ON DIPLOMATIC PROTECTION
651
PAGE
653
CLAIM MUST BE NATIONAL IN ORIGIN
660
CONSULAR REGISTRATION OF CITIZENS
667
OTHER CONDITIONS
673
Methods of Expatriation
680
IMPLIED RENUNCIATION OF CITIZENSHIP
689
A EFFECT OF PROLONGED RESIDENCE ABROAD 326 General Principles
690
The Case of Native Citizens
692
Practice under the Amended Rules of 1907 and the Circular In struction of July 26 1910
695
Decisions of International Tribunals of Arbitration
698
Case of Naturalized Citizens
701
B METHODS OF OVERCOMING PRESUMPTION OF EXPATRIATION
703
Interpretation and Construction of Departmental Rules
704
Rules in the Case of Extraterritorial Countries
706
Recent Departmental Ruling Concerning Heritability of Citizen ship in Extraterritorial American Communities
709
BANISHMENT
710
Acts Which DO NOT EFFECT EXPATRIATION
711
Other Acts
712
CHAPTER III
713
INEQUITABLE CONDUCT GENERALLY
714
Disloyalty and Unneutral Conduct
715
Effect of Censurable Conduct in Certain Cases
716
Censurable Conduct Extraneous to Injury or Claim
718
CONCEALMENT AND DENIAL OF CITIZENSHIP
720
Decisions of International Tribunals
721
FRAUDULENT AND EXORBITANT CLAIMS
724
345 Claims against Foreign Governments
725
EVASION OF NATIONAL DUTIES
728
347 Evasion of Duties of Citizenship Generally
731
BREACH OF LOCAL FOREIGN Law
733
Acquittal of Criminal Charges International Claim Unusual
736
BREACH OF INTERNATIONAL Law
737
Violation of Rights of Belligerents Contraband Blockade etc
739
BREACH OF NATIONAL Law
745
UNNEUTRAL CONDUCT AND UNFRIENDLY ACT
755
c Unneutral Military Service and Other Acts
766
d Aid and Comfort
786
CHAPTER IV
792
IMPLIED RENUNCIATION OF PROTECTION
810
CHAPTER V
817
LACHES LIMITATION AND PRESCRIPTION
825
CHAPTER VI
833
Legislative Limitations to Avoid Claims Based Upon Tortious
842
Matriculation as Foreigner
854
GENERAL CONCLUSIONS
861
INDEX
929

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Pasajes populares

Página 89 - ... and may take possession thereof, either by themselves or by others acting for them, and dispose of the same at their will, paying such dues only as the inhabitants of the country wherein the said goods are shall be subject to pay in like cases.
Página 586 - That any American woman who marries a foreigner shall take the nationality of her husband. At the termination of the marital relation she may resume her American citizenship, if abroad, by registering as an American citizen within one year with a consul of the United States, or by returning to reside in the United States, or, if residing in the United States at the termination of the marital relation, by continuing to reside therein.
Página 443 - Kingdom, with this qualification, that he shall not, when within the limits of the foreign State of which he was a subject previously to obtaining his certificate of naturalisation, be deemed to be a British subject unless he has ceased to be a subject of that State in pursuance of the laws thereof, or in pursuance of a treaty to that effect.
Página 589 - That all persons born in the United States and not subject to any foreign power, excluding Indians not taxed, are hereby declared to be citizens of the United States...
Página 652 - ... arrived; the time when and the place and name of the court where he declared his intention to become a citizen of the United States; if he is married he shall state the name of his wife and, if possible, the country of her nativity and her place of residence at the time of filing...
Página 662 - That any American citizen shall be deemed to have expatriated himself when he has been naturalized in any foreign state in conformity with its laws, or when he has taken an oath of allegiance to any foreign state.
Página 593 - That a child born without the United States of alien parents shall be deemed a citizen of the United States by virtue of the naturalization of or resumption of American citizenship by the...
Página 109 - God forbid ! the two contracting parties should be engaged in a war with each other, they have agreed, and do agree, now for then, that there shall be allowed the term of six months to the merchants residing on the coasts and in the ports of each other, and the term of one year to those who dwell in the interior, to arrange their business, and...
Página 85 - The citizens of each of the high contracting parties shall receive, in the States and Territories of the other, the most constant protection and security for their persons and property, and shall enjoy in this respect the same rights and privileges as are, or shall be, granted to the natives, on their submitting themselves to the conditions imposed upon the natives.
Página 46 - It is an accepted maxim of international law that every sovereign nation has the power, as inherent in sovereignty, and essential to self -preservation, to forbid the entrance of foreigners within its dominions, or to admit them only in such cases and upon such conditions as it may see fit to prescribe.

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