Halleck's International Law, Or, Rules Regulating the Intercourse of States in Peace and War, Volumen1

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Kegan Paul, Trench, Trübner, 1893
 

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273
10
Writers prior to Grotius II
11
Writings of Grotius
12
Political events from the Peace of Westphalia to that of Utrecht
13
Questions agitated
14
Writers following Grotius
15
Debts due to an enemy
16
Political events from the Peace of Utrecht to the end of the Seven Years War
17
Writings of publicists
18
In what condition things are to be restored
19
From the close of the Seven Years War to the French Revolution
20
Questions agitated
21
Writings of publicists
22
From the beginning of the French Revolution to the Con gress of Vienna
23
Regulations of British navy
24
Writings of publicists
25
Regulations of Spanish navy
26
Judicial decisions
27
From the Congress of Vienna to the Treaty of Washington
28
Questions agitated
29
From the Treaty of Washington to the beginning of the civil war in the United States
32
Questions agitated in America
33
Writings of publicists
34
Diplomatic papers c
38
Questions agitated
40
Writings of publicists
42
CHAPTER II
46
General divisions
47
Divine or natural law
48
The positive law of nations
49
Relations between the natural and positive law
50
Customary law
51
Division by Vattel
52
Law not universal or immutable
53
Its rules obligatory
54
Can a sovereign State be punished ?
55
The divine law
56
History as a source
57
Decisions of prize courts
58
Judgments of mixed tribunals
59
Decisions of local courts
60
Treaties and compacts
62
Diplomatic papers
63
CHAPTER III
65
A colony is a part of a State
66
Not itself a State
67
Occasional obedience
68
These may affect sovereignty
69
IO Effect of a union of States
70
A personal union
71
A federal union
72
A composite State
74
Identity not affected by internal changes Status of North American Indians
75
Effect of civil war
78
When a new State may be recognised Opinion of Judge Daly
79
Recognition by whom made The Monroe doctrine
84
State sovereignty how lost
88
Changes in the government of a State
89
Changes by internal revolution
90
By dismemberment of a part
91
CHAPTER IV
93
May establish its own government
94
For selfsecurity
95
This usually is a mere excuse
96
Under treaty stipulations
99
By invitation of contending factions
102
Right of arbitrator to enforce his decision
103
Independence in legislation and courts
105
Only within its own territory Foreign bonds Law of Liquidation of Egypt
108
Right of selfpreservation III
111
Means incident to this right
112
May be limited by treaty II2 21 By the rights of others II2 22 Increase of army and navy
113
CHAPTER V
116
Consequence in regard to rights
117
Effect of custom and treaties
118
Claims of the Pope and of the Emperor of Germany
119
Difficulties between ministers I 20
120
Emperors and kings
121
Republics I 22
122
Usage of the alternat
123
Military and maritime ceremonial
124
In foreign ports and on the high seas
126
Treaty regulations
127
General rules of textwriters
131
Salutes between ships and forts
132
App Italian law of Papal guarantees 1871
134
CHAPTER VI
146
App The Franconia case
154
163
163
165
165
167
167
Law of contracts
189
Exceptions to the rule of comity
190
Rule of judicial proceedings
192
Law of personal capacity and duty
193
Droit daubaine and droit de rétraction
194
Foreign marriages
195
Foreign divorces
202
Laws of trade and navigation
204
Laws of bankruptcy
205
Law of treason and other crimes
206
Judicial power of a State
207
Jurisdiction with respect to actions
208
Over alien residents
209
Over real property
210
Over personal property
211
Origin of the difference
212
Voluntary assignments and assignments in bankruptcy
214
Public and private vessels on the high seas
215
Private vessels in foreign ports
230
Summary of the judicial powers of a State
232
Extradition of criminals
235
Criminal sentences
239
Foreign judgments
241
Courts how far judges of their own jurisdiction
242
Proof of foreign laws
243
174
244
Of foreign judgments c
245
Slavery
247
App Treaties of extradition
257
Revival of former treaties
306
177
323
38
325
If he renounce his right of exemption
339
If he voluntarily submit to local jurisdiction
340
Extent of civil jurisdiction
342
Of criminal jurisdiction
346
Public ministers how punished
347
Dependents how punished
349
Testimony of ministers c
352
Exemption of ministers house c
353
Reason of their authority 61
355
Of taxes and duties
356
Freedom of religious worship
358
Full power
359
Instructions
360
Passports and safeconduct
361
Passing through other States
362
Termination of public missions
363
By death of the minister
364
By his recall
365
By his dismissal
366
Respect due to local authorities
368
CHAPTER XI
369
General powers in modern times
370
Consular organisation
371
Consuls have no diplomatic character
372
They have no rank except among themselves
373
Enjoy certain rights and exemptions
374
Office distinguished from status of officers
375
Io When they are foreigners
376
JI When citizens of the country
377
Jurisdiction over consuls in the United States
379
Powers of arbitration
380
Marriage and divorces by consuls
381
The granting of passports
383
They can afford no refuge from process
384
Public character of consul
385
Consuls of Christian States in the East
386
Powers of European consuls in China Japan and other Oriental countries
387
The Foreign Jurisdiction Act 1890
389
Japan
390
French jurisdiction in China
391
Acts of Congress of United States for carrying treaties into effect
392
Controversies between subjects of foreign States in Oriental countries
394
International courts of Egypt
395
Constitution of these tribunals
398
CHAPTER XII
401
Rights of the State
402
Naturalisation
403
Apparent conflict between allegiance and naturalisation
410
Allegiance does not affect personal domicil
414
Domicil defined
415
Divisions of domicil
416
Intention the controlling principle
417
Domicil from residence
418
Exercise of political rights
419
Character and extent of business
420
Time of residence
421
Evidence to repel the presumption
422
Other public officers
423
A wife minor student servant
424
A soldier prisoner exile and fugitive
426
Effect of municipal laws on domicil
427
Temporary residence
428
Native character easily reverts
429
CHAPTER XIII
440
22
463
Compromise
465
Arbitration
467
Rejection of offers to arbitrate
468
Retorsion
470
Reprisals
471
General and special reprisals
472
Positive and negative reprisals
473
Pacific blockade
474
Right to be first proved
475
In the punishment of individual offenders
476
Case of the Caroline
477
Decision of the Supreme Court of New York
480
Opinions of European publicists
481
Where reprisals c are followed by war
482
Opinion of Lord Stowell
483
Not in favour of foreigners
484
The Jus Angariæ
485
CHAPTER XV
488
Reasons and motives of a war
489
To punish an aggression
490
Against the aggrandisement of a neighbour
492
Opinion of Kent
493
Vicious motives
494
Dr Waylands objection
495
Dr Wayland on the wars of selfdefence
496
War begets immorality
497
Reason not force should prevail
498
Remarks of Dr Lieber
499
CHAPTER XVI
501
By historians
502
Wars of insurrection and rebellion
503
Wars of opinion
504
National wars
506
Preservation of the balance of power
507
Crimean war of 1854
508
Views of Great Britain on armed intervention
509
Intervention by invitation
510
To stay effusion of blood
511
Intervention for selfdefence
512
Public wars
514
Mixed wars
515
Solemn and nonsolemn wars
516
Acts of subordinate officers
517
Lawful and unlawful wars
518
Individual liability for acts of hostility
519
Commencement of war how determined In regard to neutrals 23 Effects of declaration of war on treaties On local civil laws 25 Difference between m...
521
529
529
22
539
544
544
31
552
CHAPTER XVIII
553
557
557

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Página 88 - ... is, not to interfere in the internal concerns of any of its powers ; to consider the government de facto as the legitimate government for us ; to cultivate friendly relations with it, and to preserve those relations by a frank, firm, and manly policy ; meeting, in all instances, the just claims of every power, submitting to injuries from none.
Página 87 - In the wars of the European powers, in matters relating to themselves, we have never taken any part, nor does it comport with our policy so to do.
Página 282 - But when the terms of the stipulation import a contract, when either of the parties engages to perform a particular act, the treaty addresses itself to the political, not the judicial department; and the legislature must execute the contract before it can become a rule for the Court.
Página 87 - Of events in that quarter of the globe with which we have so much intercourse, and from which we derive our origin, we have always been anxious and interested spectators. The citizens of the United States cherish sentiments the most friendly in favor of the liberty and happiness of their fellow-men on that side of the Atlantic.
Página 173 - Majesty shall be continued westward along the said forty-ninth parallel of north latitude to the middle of the channel which separates the continent from Vancouver's Island, and thence southerly through the middle of the said channel, and of Fuca's Straits to the Pacific Ocean...
Página 86 - It was stated at the commencement of the last session that a great effort was then making in Spain and Portugal to improve the condition of the people of those countries, and that it appeared to be conducted with extraordinary moderation. It need scarcely be remarked that the result has been, so far, very different from what was then anticipated. Of events in that quarter of the globe with which we have so much intercourse, and from which we derive our origin, we have always been...
Página 88 - Our policy in regard to Europe, which was adopted at an early stage of the wars which have so long agitated that quarter of the globe, nevertheless remains the same, which is not to interfere in the internal concerns of any of its powers...
Página 86 - 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 northwest coast of this continent.
Página 300 - ... with any state or people, for the purpose of erecting or maintaining any such fortifications, or of occupying, fortifying, or colonizing Nicaragua, Costa Rica, the Mosquito coast, or any part of Central America, or of assuming or exercising dominion over the same...
Página 179 - States, subject to any laws and regulations of either country within its own territory not inconsistent with such privilege of free navigation.

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