CONTENTS.

INTRODUCTORY CHAPTER.

DEFINITION, GROWTH, JURAL AND MORAL GROUNDS, SOURCES OF INTERNA-

TIONAL LAW.

§ 1, 2. A law of action, for states as for individuals, founded in justice.

§ 3, 4. International law, what in a wider sense?

Actual international law, what?

Its genesis and voluntary nature. It is of later growth than state law.

Why it arose in Christian states.

§ 5.

§ 6.

§ 7.

§ 8.

Quite imperfect elsewhere.

§ 9.

§ 10.

Differs from jus naturale.

Illustrations of this from Greece and

Rome. Not true that these nations had no international law. Its

slow growth in medieval Europe.

Names given to this science. Not the same as jus gentium.

Definition of jus naturale by Grotius.

Puffendorf confounds jus naturale and international law.

A reference to the standard of justice necessary in international law.

It cannot be resolved into contract-obligation.

Must be looked at both as a positive law and in its relations to jus and

morals. Its jural grounds.

Its moral grounds.

Particular rights and obligations of nations.

§ 13.

$14.

§ 15.

§ 16.

§ 17.

§ 18.

Observations on certain rights. (1.) The right of reputation.

Obligation of states to aid justice outside of their own bounds.

(4.) Is there a right of conquest?

Moral relations, or duties and moral claims of states.

Observations on certain duties. (1.) Humanity.

(3.) Intercourse.

Vattel's, Wheaton's, and other divisions of international law.

Custom and free assent alike sources of international law. Thus moral

claims become rights.

$29.

$ 30.

§ 31.

$32.

§ 33.

International law adopted by municipal.

Aids for ascertaining what international law is.

Stages in the development of international law.

Minor differences in the views of different nations concerning it.

Uncertainty and want of authority in international law.

§ 34. Importance of the history of international law.

§ 35. Method pursued in this work.

PART I.

THE ESSENTIAL POWERS OF STATES AND THEIR RIGHTS AND OBLI-

GATIONS, ESPECIALLY IN A STATE OF PEACE.

CHAPTER I.

RIGHTS OF STATES AS INDEPENDENT SOVEREIGNTIES.

FERENCE AND ITS EXCEPTIONS.

§ 36. A state, what? Pirates no state.

RULE OF NON-INTER-

§ 37. Essential attributes of a state. Sovereignty, independence, equality, all

included in sovereignty. May be parted with by confederated and by

protected states.

§ 38.

Obligations not affected by change of government.

§ 39. All forms of government legitimate in the view of international law.

§ 40.

It knows only governments de facto.

§ 42. Assistance to provinces in revolt unlawful, but aid to another state

against rebellion lawful.

§ 43. Non-interference the rule, but with exceptions. Interference when jus-

tified.

§ 44. Interference to preserve the balance of power.

§ 45. Historical illustrations of such interference.

§ 46. Interference to prevent revolutions.

§ 47. Instances of such interference in the French revolution. The Holy AI-

liance. Congress of Troppau-Laybach. Congress of Verona.

§ 48. The Monroe doctrine.

§ 49. Results of an attempt to establish a law of interference in the internal

affairs of states.

§ 50. Interference in the Belgic revolution of 1830.

§ 51. Interference on the score of religion and humanity.

$ 52. Equality of states. Their rank. Existing rules of rank. These dis-

tinctions fading out.

CHAPTER II.

TERRITORIAL RIGHTS OF STATES AND RIGHTS OF PROPERTY. STRICT RIGHT
RENOUNCED IN THE USE OF NAVIGABLE WATERS.

§ 58.

Are vessels on the sea territory?

§ 59.

§ 60.

§ 61.

Freedom of the high seas and of fishery there. Fishery question be-

tween Great Britain and the United States, until its settlement by the

treaty of 1854.

Claim of exclusive control over certain waters. (1.) Bays. (2.) Gulfs.

(3) Straits and inland seas. The Danish straits. The Black Sea and

its entrance.

§ 62. (4.) Rights over river navigation. Rule of Congress of Vienna. The

Rhine. The Scheldt. The Danube by the treaty of Paris. The

Mississippi. The St. Lawrence. The La Plata system of rivers. The

Amazon. Other streams.

CHAPTER III.

RIGHTS OF INTERCOURSE. RELATIONS OF FOREIGNERS WITHIN A TERRITORY

OF THE STATE.

§ 63. Intercourse of states, how far a right. What a state may not do re-

specting intercourse.

§ 64. What a state may do.

§ 65. Individual aliens entitled to protection. Right of asylum, of innocent

passage, of emigration.

§ 66. Relations of aliens to the laws, and their condition.

$67. Progress of comity and humanity towards aliens illustrated.

d'aubaine.

Droit

§ 68. Exterritoriality, its limits as to sovereigns, ships of war, armies in transit,

vessels in French harbors. Treatment of vessels driven into foreign

waters out of their course.

§ 69. Exemptions to foreigners in certain Eastern countries.

§ 70. Aliens parting with the character of aliens. Naturalization. Rules of
several nations as it respects naturalization.

§ 71. Domicil, what?

§ 72. Conflict of laws as to a particular person.

§ 73. Private international law, what? Its growth. Its leading rules show
tendency of nations to similar principles of law.

74. Jural capacity.

§ 75. Effects of foreign judgments.

§ 76. Crimes committed in a foreign country.

§ 77. Criminals escaping into a foreign country. Extradition.

$ 78.

Extradition continued.

§ 79. Political crimes.

§ 80. Appendix. Case of Martin Koszta.

CHAPTER IV.

THE FORMS AND AGENTS OF INTERNATIONAL INTERCOURSE.

SECTION I. The Forms of Intercourse, or International Courtesy.

§ 81. General comity between nations.

§ 82. Respect for the reputation of another state. The Hülsemann affair.

Treatment of foreign sovereigns, etc. Ceremonial of courts. Diplo-

§ 83.

matic correspondence of states.

§ 84. Ceremonial of the sea. Forms of politeness there.

§ 85. Disputes in Cent. XVII., concerning ceremonies at sea.

The Agents in the Intercourse of Nations; or Ambassadors and
Consuls.

Persons appointed to manage the intercourse between nations.

§ 86.

§ 87.

Origin of the privilege of ambassadors.

2. Their exterritoriality, as (1.) Immunity from criminal. (2.) From

civil jurisdiction.

§ 92. Immunity of their hotel and goods without right of asylum for crim-

inals.

$93. Freedom from imposts.

$94. Freedom of private worship.

§ 95. Privileges of ambassador's family and train. His power over his suite.

Limits of his immunity,- ambassador engaging in trade- committing

great crimes.

§ 96.

§ 97.

Relations of an ambassador to a third power.

-

§ 98. Rank of ambassadors, ceremonial, termination of their mission.

$99. Consuls. Origin of the consular office. Consuls of the Middle Ages.

§ 100. Functions of consuls. Their jurisdiction out of Christendom. Their

privileges and status. Their privileges in non-Christian countries.

Who can serve as consuls.

CHAPTER V.

OF THE RIGHT OF CONTRACT, OR OF TREATIES BETWEEN STATES.

§ 101. Of contract in general, especially between states. With whom can states

make contracts?

§ 102. What treaties are lawful?

§ 103. Treaties made by a limited sovereign.

§ 104. Treaties procured by fraud, falsehood, or force, not binding.

§ 105. Treaties to do an unlawful thing not binding.

§ 106. Kinds of treaties.

§ 107. Treaties of alliance.

§ 108. Treaties of confederation.

§ 109. Treaties of guaranty. Guaranties of treaties. Origin of guaranties to

treaties.

§ 110. Other modes of confirming the faith of treaties. Hostages. Pledges.

§ 111. When do treaties begin to be binding?

§ 112. Violation of treaties.

§ 113. Interpretation of treaties. Repugnant clauses and conflicting treaties.

PART II.

INTERNATIONAL LAW AND USAGE IN A STATE OF WAR.

CHAPTER I.

OF A NATION'S RIGHT OF SELF-DEFENSE AND REDRESS OF INJURIES Or of

WAR, CAPTURE, AND TREATIES OF PEACE.

§ 114. Of war in general.

-

SECTION I. Of War.

§ 115. War and just war, what? Who is to judge of its justice? Are nations
bound to resort to arbitration? Ought an ally to judge?

§ 116. Rightfulness of war. For what may war be undertaken ?

§ 117. Defensive and offensive war.

§ 118. Measures for redress falling short of war. 1. Embargo. Hostile em-
bargo. 2. Retorsion. 3. Reprisals. Greek and Roman, mediæval
and modern usage as to reprisals.

§ 119. Pacific blockade.

§ 120. Commencement of war. Declaration. Greek and Roman practice.
Medieval practice. Modern. Reasons for the modern usage.

§ 121. Declaration of war continued.

§ 122. What notice of a state of war ought to be given?