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OF

INTERNATIONAL LAW.

BY

HENRY WHEATON, LL.D.,

MINISTER OF THE UNITED STATES AT THE COURT OF PRUBSIA ; CORRESPONDING MEMBER OF THE

ACADEMY OF YORAL AND POLITICAL SCIENCES IN THE INSTITUTE OF FRANCE ;

HONORARY MEMBER OF THE ROYAL ACADEMY OF SCIENCES AT BERLIN,

ETC. ETC.

FOURTH ENGLISH EDITION,

BRINGING THE WORK DOWN TO THE

PRESENT TIME

BY

J. BERESFORD ATLAY, M.A.,

OF LINCOLN'S INN, BARRISTER-AT-LAW.

LONDON:

STEVENS AND SONS, LIMITED
119 & 120, CHANCERY LANE,

Law Publishers.

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PREFACE TO FOURTH ENGLISH EDITION.

MORE than twenty-five years have elapsed since Mr. A. C. Boyd, of the Middle Temple, first undertook the publication of an English edition of Wheaton's International Law. A second and a third edition passed through his hands, the latter in 1889, and now the publishers have requested me to revise the work and bring it down to date. In so doing, I have endeavoured to follow the lines laid down by Mr. Boyd. Wheaton's original text has been left untouched, and Mr. Boyd's additions as well as my own are distinguished by being printed in a smaller type. In the footnotes, however, consisting as they do, for the most part, of references to cases, treatises, and public documents, it seemed unnecessary to retain the square brackets which had previously differentiated those supplied by the editor from those of Wheaton himself.

I should have wished, if it had been practicable without spoiling the look of the page, to have distinguished my share from the material accumulated by Mr. Boyd, and I trust that I shall be acquitted of any intention to assume credit which does not belong to me. Compared with his my labours have been light, but the course of history during the last fifteen years, the decisions of the law Courts, legislation on the Continent of Europe, as well as at home and in the United States, have necessitated an amount of modification and alteration which in the total is by no means inconsiderable.

Perhaps the most striking features in the domain of International Law since the publication of the last edition have been the Hague Peace Conference of 1899 and the increased recourse to arbitration for the settlement of minor disputes among nations.

The acquisition by Japan of full international status, and the abandonment by the United States of its traditional attitude of isolation, are both events of the first magnitude. Other points of interest have arisen in connection with naval warfare, with recent developments in the right of search, with the suppression of the slave trade, the position of inter-oceanic canals and the rights of belligerents over submarine cables belonging to neutrals.

A translation of the Text of the Hague Arbitration Convention has been added to the documents in the Appendices, but to avoid increasing the bulk of the book the Extracts from Treaties relating to Turkey and the General Act of the Berlin Conference of 1885 have been omitted.

The Text of the Anglo-French Agreement signed on the 8th of April in the present year, was published too late to permit of any incorporation of its provisions in the body of the book; a translation of it, however, is given among the Appendices. The sections relating to the British occupation of Egypt, and the disputed fishery rights on the Newfoundland Shore, must be read subject to the terms of this, the latest accomplishment in the field of diplomacy.

J. B. ATLAY.

14, OLD SQUARE, LINCOLN'S INN.

April, 1904.

PREFACE TO FIRST ENGLISH EDITION.

WHEATON'S "Elements of International Law” was first published in 1836, in two editions, one appearing in Philadelphia, and the other in London. The third edition came out in 1816, in Philadelphia. In 1848, a French edition of the work was published at Leipsic and Paris; and in 1853 a second French edition was brought out at the same places. In 1857, an edition in English (called the sixth) was edited by Mr. W. B. Lawrence, and published at Boston. A second edition, by the same editor, appeared in 1863. The next edition, published in 1864, was a translation of the work into Chinese, and was executed by order of the Chinese Government. The edition after that was edited by Mr. R. H. Dana, and appeared in 1866; and since that time, there being no other edition in the English language, the work has been long out of print. The present edition was undertaken at the suggestion of the publishers, there being no apparent probability of any new edition being brought out, either in England or America. The great value of Mr. Wheaton's treatise, and the importance of international law at the present moment, must be its justification.

The original text of the author having, as Mr. Dana says in his preface, “become, by the death of Mr. Wheaton, unalterable,” it is here reproduced as left by him, and the numbering of the sections adopted by Mr. Dana has been preserved for the sake of convenience. The notes of the present edition are entirely original, and are not taken from those of any previous edition. It has of course been necessary to refer to many of the same events and judicial decisions discussed by the previous editors, and without this the work would have been utterly incomplete; but, where their notes have been used, reference is made to them as to any other work.

The notes to this edition are interspersed throughout the text, but, being printed in a different type, the reader can have no difficulty in distinguishing the original work from that for which the present editor is responsible. All foot-notes added to this edition are enclosed in brackets. A new Appendix has been added, containing the English and American statute law of Naturalization, Extradition, and Foreign Enlistment; the English Naval Prize Act, the Treaty of Washington, and extracts from the most important treaties relating

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