Introduction to the Study of International Law

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Sampson Law, Marston, Searle & Rivington, 1879 - 526 strani
 

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Essential attributes of a state Sovereignty indepenaence equality all included in sovereignty May be parted with by confederated and by protected stat...
37
Obligations not affected by change of government
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All forms of government legitimate in the view of international
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It knows only governments de facto
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Same subject continued
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Assistance to provinces in revolt unlawful but aid to another state against rebellion lawful
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Noninterference the rule but with exceptions Interference when jus tified
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Interference to preserve the balance of power
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Historical illustrations of such interference
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Interference to prevent revolutions
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Instances of such interference in the French revolution The Holy Al liance Congress of TroppauLaybach Congress of Verona
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Property of states what in international law
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The Monroe doctrine
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Results of an attempt to establish a law of interference in the internal affairs of states
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Freedom of the high seas and of fishery there Fishery question
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Individual aliens entitled to protection Right of asylum of innocent
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Domicil what?
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Crimes committed in a foreign country
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Criminals escaping into a foreign country Extradition
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Extradition continued
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Political crimes
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Appendix Case of Martin Koszta
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General comity between nations
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Respect for the reputation of another state The Hülsemann affair
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Treatment of foreign sovereigns etc Ceremonial of courts Diplo matic correspondence of states
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Ceremonial of the sea Forms of politeness there
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Disputes in Cent XVII concerning ceremonies at
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Persons appointed to manage the intercourse between nations
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Origin of the privilege of ambassadors
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Temporary and resident ambassadors
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Is there any obligation to receive ambassadors
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Right of sending ambassadors
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Privileges of ambassadors 1 Their inviolability 2 Their exterritoriality as 1 Immunity from criminal 2 From civil jurisdiction
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Immunity of their hotel and goods without right of asylum for crim inals
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Freedom from imposts
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Freedom of private worship
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Privileges of ambassadors family and train His power over his suite
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Relations of an ambassador to a third power
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Rank of ambassadors ceremonial termination of their mission
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Consuls Origin of the consular office Consuls of the Middle Ages
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Functions of consuls Their jurisdiction out of Christendom Their privileges and status Their privileges in nonChristian countries Who can serve as co...
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Jural capacity
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Effects of war Nonintercourse with the enemy License to trade
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Enemys property within a belligerent country
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Have all in each hostile state a right to wage war
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Treatment of enemys property on land and sea compared
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Forces employed in war especially on the sea Privateers
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Evils of privateering Testimony to these evils Endeavors to stop it by treaty Declaration of Paris 1856 Attitude of the United States
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Restrictions on privateering to prevent its evils
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Laws and usages of war somewhat vague yet improving Causes of this amelioration
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Fundamental rules of
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Retaliation
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Special rules 1 As to weapons and ways of injuring an enemys per son 2 Allowable weapons in war 3 Breach of faith Solici tations to crime
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4 Treatment of captured persons especially of soldiers 5 Treat ment of irregular troops
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6 Of noncombatants and their property Usages of the Romans of the Middle Ages etc of the Thirty Years War of the time of Louis XIV of Frederic...
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Summing
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7 Of public property
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8 Sieges and storms of forts and towns
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Laws of war on the
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Commercia belli
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Spies
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Attempts to ameliorate the practice of war on land The Brussels Con ference
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Of Civil Wars Wars with Savages Piracy and the Slavetrade 143 Civil wars Wars with savages
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Pirates and their treatment
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Are crews of rebels vessels pirates
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Is the slavetrade piracy
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Of Capture and Recapture Occupation and Recovery of Territory 147 Capture in general especially from enemies
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Property in prizes how and when begun?
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Complete title given by a court
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Ransom of captured vessels Hostages to secure ransom
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Restrictions on the power to make peace
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Effect of treaties of peace
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Continued
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Time when a treaty begins to be binding
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Doctrine of neutrality of modern growth Neutrals who? Gradations of neutrality Permanent neutrality Armed neutrality
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Obligation of neutrals to be impartial
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To stand aloof from both parties
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To be humane to both
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The neutral may admit into his ports war vessels of both belligerents
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Treaty obligations to do this
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What neutrals may not
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Case of the Alabama
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Cases doubtful or disputed Passage of troops
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The neutral furnishing troops
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What may a neutrals subjects
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Rights of neutrals Case of the Caroline 175 Continues
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PART II
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Municipal laws enforcing neutrality 177 British foreign enlistment act of 1870
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Relation of neutrals to the parties in an internal
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Recognition of belligerency
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Right of stopping trade of neutrals with revolted territories
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Importance of questions touching rights of neutral trade
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Who are neutrals and what is neutral property?
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General principles as to liability of goods to capture
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Nationality of goods and vessels as affecting their liability to capture
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Rightfulness of war For what may war be undertaken
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Justice of the rules respecting neutral trade considered
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Former practice in regard to neutral trade
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Historical illustrations
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Declaration attached to the Peace of Paris in 1856
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Neutral property in armed enemies vessels
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Pacific blockade
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What goods are contraband in the usage of nations
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Results as to deciding what articles are contraband Occasional con traband
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Is it just and sanctioned by usage Opinions in respect to
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Preëmption English practice in cases of preëmption
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198 Penalty for contraband at sea Treaty modifying the penalty
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Neutrals carrying the enemys despatches Case of the Trent
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Declaration of war continued
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The same subject continued
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Blockade What places can be blockaded? Why is a breach of block ade unlawful ? Validity of a blockade Paper or cabinet blockade unlawful
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French and English practice as to notification
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Penalty for breach of blockade Duration of liability to penalty
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Attempts to stretch the rules of blockades Berlin decree Orders in Council Milan decree British Orders in Council of 1809
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Continuous voyages
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The right of search Its narrow limits Duty of submitting to it Treaties often regulate the right
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Is there a right of convoy? Historical illustrations
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Its justice considered
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Neutrals under belligerent convoy
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Search during peace to execute revenue laws
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Search on suspicion of piracy
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Search of vessels on the high sea suspected of hostile designs Case of the Virginius
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Search of foreign vessels suspected of being slavers unauthorized
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But conceded by treaties between most of the European states Ex amples of such treaties
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Obligations of the United States in regard to the slavetrade Resolu tions of Congress February 28 1823 Negotiations in England and Convention of 1...
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Treaty of Washington in 1842 Practice under the treaty
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What does the right of search mean? Doctrine held by the United States New discussion concerning the right in 1858 1859 New ar rangements with ...
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Nationality of vessels a legitimate matter for inquiry in peace
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Right of search for her seamen claimed by Great Britain
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DEFECTS SANCTIONS PROGRESS AND PROSPECTS OF INTERNATIONAL
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Compromissory arbitration
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APPENDIX I
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Interference in the Belgic revolution of 1830
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Selections of works relating to international
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Actual international law what?
5
Definition of jus naturale by Grotius
11
APPENDIX II
13
Particular rights and obligations of nations
17
Observations on certain duties 1 Humanity
23

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Stran 53 - In the discussions to which this interest has given rise, and in the arrangements by which they may terminate, the occasion has been judged 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 maintain, are henceforth not to be considered as subjects for future colonization by any European power.
Stran 320 - The neutral flag covers enemy's goods, with the exception of contraband of war. 3. Neutral goods, with the exception of contraband of war, are not liable to capture under enemy's flag. 4. Blockades, in order to be binding, must be effective — that is to say, maintained by a force sufficient really to prevent access to the coast of the enemy.
Stran 521 - Round Table. With Biographical Introduction. The Religio Medici, Hydriotaphia, and the Letter to a Friend. By Sir THOMAS BROWNE, Knt. Ballad Poetry of the Affections. By ROBERT BUCHANAN. Coleridge's Christabel, and other Imaginative Poems. With Preface by ALGERNON C. SWINBURNE. Lord Chesterfield's Letters, Sentences, and Maxims.
Stran 158 - China who may be guilty of any criminal act towards citizens of the United States, shall be arrested and punished by the Chinese authorities according to the laws of China: and citizens of the United States, who may commit any crime in China, shall be subject to be tried and punished only by the Consul, or other public functionary of the United States, thereto authorized according to the laws of the United States.
Stran 219 - Thou shalt not smite them: wouldest thou smite those whom thou hast taken captive with thy sword and with thy bow? set bread and water before them, that they may eat and drink, and go to their master.
Stran 3 - To all (both men and women) who have neglected to read and study their native literature we would certainly suggest the volume before us as a fitting introduction.
Stran 3 - The chapters are so lively in themselves, so mingled with shrewd views of human nature, so full of illustrative anecdotes, that the reader cannot fail to be amused.
Stran 99 - 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 naturalization, 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.
Stran 291 - An Act to regulate the conduct of Her Majesty's subjects during the existence of hostilities between foreign States with which Her Majesty is at peace.
Stran 3 - There is not a single thought in the volume that does not contribute in some measure to the formation of a true gentleman.

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