Outlines of International Law

Front Cover
C. Scribner's sons, 1914 - 616 pages
 

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Contents

From the outbreak of the French Revolution to the congress of Vienna
43
From the congress of Vienna to the declaration of Paris
44
The enunciation of the Monroe Doctrine
46
The declaration of Paris
47
From the declaration of Paris to the treaty of Washington 1871
49
From the treaty of Washington of 1871 to the first Hague con ference
50
The first Hague conference
52
The second Hague conference
53
The declaration of London
57
Events since 1909 bearing upon international law
59
PART IISTATES IN INTERNATIONAL LAW CHAPTER IV
61
Equality of sovereign states in a legal sense
62
States communities corporations and institutions that are not primarily subjects of international law 63
63
Neutralized states
65
Partsovereign states and protectorates
67
The North American Indians and the native princes of British India
68
CHAPTER V
72
The formation of a state by occupation or colonization in a ter ritory without civilized population
73
The formation of a state by the attainment after previous existence of sufficiently full civilization and standing
74
Formation of states by the division of a state into two or more nationalities 49 The attainment of independence by relief from the subjection
75
The combination of a number of minor states into a union or confederation
76
The state of insurgency
77
The state of belligerency and its recognition
81
The recognition of a new state
85
Continuity of states
88
De facto governments
90
Extinction of states
91
CHAPTER VI
94
Fundamental rights and duties of sovereign states
97
The right of independence and legal equality
98
Intervention
100
The right of selfpreservation
103
Respect for the dignity and honor of the state
109
CHAPTER VII
112
The right to hold and acquire property
113
Boundaries of states
119
State servitudes
123
Territorial waters
125
The marine league
126
Straits
131
Rivers
134
Interoceanic canals
136
The Panama Canal
139
HayBunauVarilla treaty
143
CHAPTER VIII
147
The freedom of the high seas
148
Jurisdiction over vessels upon the high seas and other waters
152
Piracy
154
Right of approach
155
Papers carried by merchant vessels
156
Immunities of foreign vessels of war in ports and waters
158
Immunity from arrest when asylum is sought on board vessels of war
162
Status of merchant vessels in foreign ports
167
NATIONALITY ALIENS EXTRADITION PAGE 84 Nationality
175
Citizenship by birth
178
Naturalization
181
Corporations as citizens
185
Domicile
187
Extradition
189
Extradition of deserters
192
PART IIIINTERCOURSE OF STATES IN TIME OF PEACE CHAPTER X
195
Immunities of the head of a state
196
Diplomatic intercourse
197
The appointment and reception of embassies or diplomatic agents
199
Rank and classification of diplomatic officials
202
The duties of diplomatic officials
204
The rights and privileges of diplomatic officials
206
Right of asylum in legations and embassies
210
Termination of diplomatic mission
212
Agents of the state without diplomatic or consular character
213
CHAPTER XI
218
Definition of a consul and his general functions
220
Classification and precedence of consuls
223
Exequaturinstallation of the consul
225
Duties of consular officers
230
Foreign consular systems
232
Termination of consular functions
233
Exterritorialityconsuls with judicial functions
234
CHAPTER XII
237
Congresses and conferences
238
INTERNATIONAL TREATIES PAGE 113 Definition of a treaty Early existence of treaties
242
Nature and classification of treaties
243
The parties to a treaty
244
Matters necessary to the validity of treaties
245
Form and ratification of treaties
246
Enforcement of treaties
250
The operation of treaties
253
CHAPTER XIV
257
The judicial settlement of international disputes
279
CHAPTER XVI
283
Retorsions
285
Reprisals
286
Pacific blockade
289
PART IVWARRELATIONS OF BELLIGERENTS CHAPTER XVII
293
Outbreak of war
294
Armed forces of the state
298
EFFECT OF WAR UPON INDIVIDUALS EFFECT OF WAR AS TO PROPERTY PAGE 137 Effect of war upon combatants and noncombatants
300
Effect of war as to property
305
CHAPTER XIX
309
Modern development of the laws of war
310
Laws of war and the private citizen
312
The laws of war on land Belligerents
315
Prisoners of war
317
Hostilities
324
Spies
326
Flags of truce
327
Capitulations
328
Reprisals or retaliation
329
CHAPTER XX
332
Laws and usages of war at sea
333
Attack and capture of public vessels of the enemy
334
The use of torpedoes and submarine mines
337
Capture of enemys merchantmen
340
Exemptions and restrictions in capture in maritime warfare
343
Enemy character in maritime warfare
346
The procedure of the capture and sending in of a merchantman
347
Destruction of enemy vessels as prizes
348
Resistance to search recapture ransom and safe conduct
349
Bombardments by naval forces in time of war
350
Submarine cables in time of war
351
CHAPTER XXI
355
The sovereignty of the air
357
Aerial warfare as affected by the laws of war
359
Wireless telegraphy
360
MILITARY OCCUPATION TERMINATION OF WAR CONQUEST AND CESSION PAGE 167 The meaning of military occupation
364
The authority of the military occupant
366
Limitations to the military authority of the occupant
367
Termination of war
372
Treaty of peace
374
Effects of treaties of peace
376
Conquest and cession
377
PART VRELATIONS BETWEEN BELLIGERENTS AND NEUTRALS CHAPTER XXIII
380
The status and principles of neutrality
381
The development of the law of neutrality
383
Neutral rights and duties in land warfare
389
Proclamations and declarations of neutrality
396
CHAPTER XXIV
398
The use of neutral waters as a base of naval operations
401
Obligations of neutrals as to their waters
402
The rights of visit and search
409
Convoy
411
Spoliation of papers
412
Hostile expeditions
413
Right of angary
415
CHAPTER XXV
418
Declaration and notification of blockade
421
Liability to capture for breach of blockade
423
CONTRABAND OF WAR CARRIAGE OF CONTRABAND PAGE 190 Definition and general principles of contraband
427
Enumeration of contraband and noncontraband articles
428
Destination of contraband and consequent judgment
433
The penalty of contraband trade
436
Preemption
440
CHAPTER XXVII
442
The case of the Trent
447
The opening to neutrals of a trade closed in peace
449
Rescue of shipwrecked belligerents by neutral vessels
451
Destruction of neutral prizes
453
CHAPTER XXVIII
458
Enemy character
461
The sending in of prizes for their adjudication
462
Jurisdiction of national prize tribunals
463
International prizecourt
466
Compensation for capture when found void
468
CHAPTER XXIX
471
Days of grace at the outbreak of war
473
The question of domicile or nationality as the determining factor in maritime capture
474
The conversion of merchantmen into vessels of war upon the high seas or in neutral waters
475
The use of floating mines on the high seas
477
LIST OF AUTHORITIES CONSULTED
481
THE RECOGNITION OF BELLIGERENCY AND OF INDEPENDENCE
487
APPENDIX II
500
APPENDIX III
520
APPENDIX IV
535
APPENDIX V
598
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Page 143 - 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...
Page 537 - Ireland and the British Dominions beyond the Seas, Emperor of India, His Majesty the King of Italy, His Majesty the Emperor of Japan, the President of the...
Page 347 - Convention for the adaptation to maritime warfare of the principles of the Geneva Convention of August 22, 1864.
Page 417 - That if any person shall, within the territory or jurisdiction of the United States, begin or set on foot, or provide or prepare the means for, any military expedition or enterprise, to be carried on from thence against the territory or dominions of any foreign prince or State, or of any colony, district, or people, with whom the United States are [at] peace, every person, so offending, shall be deemed guilty of a high misdemeanor, and shall be fined not exceeding three thousand dollars, and imprisoned...
Page 521 - President of the United States of America, have caused the said convention to be made public, to the end that the same and every article and clause thereof may be observed and fulfilled with good faith by the United States and the citizens thereof.
Page 146 - If it should become necessary at any time to employ armed forces for the safety or protection of the Canal, or of the ships that make use of the same, or the railways and auxiliary works, the United States shall have the right, at all times and in its discretion, to use its police and its land and naval forces or to establish fortifications for these purposes.
Page 550 - Affairs. The subsequent deposits of ratifications shall be made by means of a written notification addressed to the British Government, and accompanied by the instrument of ratification.
Page 314 - Until a more complete code of the laws of war has been issued, the High Contracting Parties deem it expedient to declare that, in cases not included in the Regulations adopted by them, the inhabitants and the belligerents remain under the protection and the rule of the principles of the law of nations, as they result from the usages established among civilized peoples, from the laws of humanity, and the dictates of the public conscience.
Page 110 - ... instant, overwhelming, and leaving no choice of means, and no moment for deliberation.
Page 368 - The authority of the legitimate power having actually passed into the hands of the occupant, the latter shall take all steps in his power to re-establish and insure, as far as possible, public order and safety, while respecting, unless absolutely prevented, the laws in force in the country.

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