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

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Banks Law Publishing Company, 1915 - 988 strani
 

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Citizens in International and in Constitutional Law
20
Rights and Duties of State and Citizen Abroad
21
PROTECTION ABROAD
25
Right and Duty of Protection
29
THE PROTECTIVE FUNCTION
30
CHAPTER II
33
Relation of Law of Aliens to Different Branches of Law
36
Sources of the Law of Aliens
38
MINIMUM OF RIGHTS DUE TO ALIENS
39
Recognition of Legal Personality
40
Status of Foreign Corporations
41
Other Rights of the Alien
42
MAXIMUM POWER OF STATE OVER ALIENS
43
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
41 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
TaE FRENCH SYSTEM
134
439
137
Respective Liability of State and Officer
138
Limitations on State Liability for Administrative Acts
139
Liability of Municipalities
140
Resumé 142 1
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 DamagesLiability of Municipal Corporations
157
Principle of State Immunity from Pecuniary Liability
159
Limited Right of Action Granted by Statute
162
LIABILITY OP OFFICERSCOMPARATIVE Law
171
72 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
Diplomatic Naval and Military Officers
187
79 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
Insurgents in Temporary Control of Limited Areas
239
Successful Revolution
241
f yo Experience of LatinAmerica
242
CHAPTER VI
246
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 GN 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 1
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
BANISHMENT
381
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
400
164 Preventive Measures
401
Request for Local Protection in Foreign Country
402
Ordinary Contract and Tort Claims
422
Personal Injuries
423
Measure of Damages in Claims arising out of Chinese Revolution of 1911
426
INTEREST
428
EXTRATERRITORIAL PROTECTION
430
181 Sources of Extraterritorial Rights
431
Origin and Development of the System
432
MEANS OF PROTECTION
435
NONAMICABLE METHODS
445
Reprisals
453
PART III
457
PROTECTION OF FOREIGNERS IN EXTRATERRITORIAL COUNTRIES
467
SEAMEN
475
VESSELS
481
PROOF AND EVIDENCE OF CITIZENSHIP PAGE 210 By whom Determined
486
PROOF OF CITIZENSHIP
488
Rules of International Tribunals of Arbitration
490
EviDENCE OF CITIZENSHIP
492
Tue PASSPORT
493
216 Regulations Governing Issuance
496
To Whom Issued
500
Requirements of Foreign Governments
504
Latest Passport Rules
508
Circular Instruction Concerning New Passport Regulations
512
OTHER FORMS OF EVIDENCING CITIZENSHIP
514
Certificate of Registration
515
IMPEACHMENT OF CITIZENSHIP
517
Nature of Certificate of Naturalization Its Character as Res Adjudicata
519
Conclusiveness upon Municipal Courts
520
The Practice of International Tribunals of Arbitration
522
Conclusiveness upon the Executive
526
CHAPTER III
528
Presumptions of Fraud
529
Criteria Applied by Municipal and International Courts
532
INTERNATIONAL EFFECTS OF NATURALIZATION
533
Conditions of Recognition
535
Certain Features of American Naturalization having International Importance
536
NonRetroactivity of Naturalization
539
235 Protection of Naturalized Citizen in Native Country
540
Relations with Different Countries
543
A Countries Which Deny the Right of Voluntary Expatriation
544
B Countries Which Recognize Foreign Naturalization upon Con dition Only
546
446
547
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 States Mexican 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
273 Yllegitimate Children
612
PARTNERS
613
Decisions of International Tribunals of Arbitration
614
Surviving Partners
616
CORPORATIONS
617
AngloAmerican Law
619
War
620
280 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
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
Assignees in Bankruptcy
641
Receivers
642
Creditors
643
Mortgagees
645
PART III
646
American Insurers of Foreign Property
647
300 Foreign Insurers of American Property
649
301 Provisions of Federal Statutes
650
LIMITATIONS ON DIPLOMATIC PROTECTION
651
Interpretation of the Circular of 1906
657
CLAIM MUST BE NATIONAL IN ORIGIN
660
ENSHIP AT TIME OF PRESENTATION
664
CONSULAR REGISTRATION OF CITIZENS
667
OTHER CONDITIONS
673
457
676
Expatriation of American Citizen
679
Modes of Expatriation
685
IMPLIED RENUNCIATION OF CITIZENSHIP
689
OBJECT OF PROTECTIONTHE PERSON AND PROPERTY
713
462
727
BREACH OF NATIONAL Law
745
UNNEUTRAL CONDUCT AND UNFRIENDLY ACT
755
c Unneutral Military Service and Other Acts
766
463
775
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
Subtle Legislative Measures to Avoid Interposition 844 1
849
Legislative Limitations in Matters of Contractual Claims
856
APPENDIX GENERAL AND National BIBLIOGRAPHIES ON THE LAW OF ALIENS
865
688
925
INDEX
929
689
937
467
942
468
955
American Citizenship
969
Citizenship Usually Essential to Protection
975
Repatriation
978
475
979
480
985
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Pogosti izrazi in povedi

Priljubljeni odlomki

Stran 603 - 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...
Stran 87 - ... 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.
Stran 600 - 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.
Stran 459 - 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.
Stran 270 - A neutral vessel, with papers indicating a neutral destination, which, notwithstanding the destination shown on the papers, proceeds to an enemy port, shall be liable to capture and condemnation if she is encountered before the end of her next voyage.
Stran 270 - ... or if the ship's papers do not show who is the consignee of the goods or if they show a consignee of the goods in territory belonging to or occupied by the enemy.
Stran 607 - SEC. 5. 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 parent : Provided, That such naturalization or resumption takes place during the minority of such child : And provided further, That the citizenship of such minor child shall begin at the time such minor child begins to reside permanently in the United States.
Stran 666 - ... 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...
Stran 676 - 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.
Stran 552 - That place shall be considered and held to be the residence of a person in which his habitation is fixed, and to which, whenever he is absent, he has the intention of returning.

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