Introduction to the Study of International Law: Designed as an Aid in Teaching and in Historical Studies

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C. Scribner, 1864 - 441 страница

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Importance of the history of international
34
Method pursued in this work
35
CHAPTER I
36
Essential attributes of a state Sovereignty independence equality all included in sovereignty May be parted with by confederated and by protected stat...
37
Obligations not affected by change of government
38
All forms of government legitimate in the view of international
39
It knows only governments de facto
40
Assistance to provinces in revolt unlawful but aid to another state against rebellion lawful
41
Noninterference the rule but with exceptions Interference when justified
42
Interference to preserve the balance of power
43
Historical illustrations of such interference
44
Interference to prevent revolutions
45
Instances of such interference in the French revolution The holy alliance Congress of TroppauLaybach Congress of Verona
46
Property of states what in international law?
52
CHAPTER III
58
Exterritoriality its limits as to sovereigns ships of war armies in transit
64
The Monroe doctrine 48 Results of an attempt to establish a law of interference in the internal affairs of states
70
Interference in the Belgic revolution of 1830
76
General comity between nations
82
Origin of the privilege of ambassadors
88
Rank of ambassadorsceremonialtermination of their mission
94
Treaties procured by fraud falsehood or force not binding
100
Other modes of confirming the faith of treaties Hostages Pledges
106
Commencement of war Declaration Greek and Roman practice Media val practice Modern Reasons for the modern usage
115
What notice of a state of war ought to be given?
116
Effects of war Nonintercourse with the enemy License to trade
117
Enemys property within a belligerent country
118
Have all in each hostile state a right to wage war?
119
Treatment of enemys property on land and sea compared
120
Forces employed in war especially on the sea Privateers
121
Evils of privateering Testimony to these evils Endeavors to stop it by treaty Declaration of Paris 1856 Attitude of the United States
122
Restrictions on privateering to prevent its evils
123
Laws and usages of war somewhat vague yet improving Causes of this amelioration
124
Fundamental rules of
125
Retaliation
126
Special rules 1 as to weapons and ways of injuring an enemys person
127
2 Allowable weapons in war 3 Breach of faith Solicitations to crime 128 4 Treatment of captured persons especially of soldiers 5 Treatment of irre...
128
Summing
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7 Public property
131
8 Sieges and storms of forts and towns
132
Laws of war on the
133
Complete title given by a court
141
Peace what? Of treaties of peace in general Language used in treaties
150
Restrictions on the power to make peace
151
Effect of treaties of peace
152
Continued
153
Time when a treaty begins to be binding
154
Doctrine of neutrality of modern growth Neutrals who? Gradations of neutrality Permanent neutrality Armed neutrality
155
Obligations of neutrals to be impartial
156
To stand aloof from both parties
157
To be humane to both
158
The neutral may admit into his ports warvessels of the belligerents
159
What neutrals may not do Cases doubtful or disputed 1 Transit
160
2 Furnishing troops to belligerents
161
What may a neutrals subject
162
Rights of neutrals Case of the Caroline
163
Continued
164
Municipal laws enforcing neutrality
165
Treatment of vessels conveying hostile goods
170
Justice of the rules respecting neutral trade considered
171
Former practice in regard to neutral trade
172
PART II
182
Rightfulness of war For what may war be undertaken
191
203 Defects of international law 1 Its uncertainty
203
20a 3 Is there a right of punishing other states
206
Its prospects for the future
209
Commercia belli
229
Spies SECTION III Of Civil Wars Wars with Savages Piracy and the Slavetrade 136 Civil wars Wars with savages
230
Pirates and their treatment
232
Is the slavetrade piracy?
234
Historical illustrations
287
Continued
289
Declaration attached to the peace of Paris in 1856
293
Neutral property in armed enemies vessels 178 Contraband of war 179 What goods are contraband in the usage of nations? 180 Results as to decidi...
297
Evidence of a blockade What is due notice? What is a discontinuance of a blockade
316
Penalty for breach of blockade Duration of liability to penalty 189 Attempts to stretch the doctrine of blockade Prussian decree decree First and seco...
323
The right of search Its narrow limits Duty of submitting to it Treaties often regulate the right
325
Moral relations or duties and moral claims of states
328
Is there a right of convoy? Historical illustrations 192 Its justice considered 193 Neutrals under belligerent convoy 194 Search during peace to exec...
330
Obligations of the United States in regard to the slavetrade Resolutions of Congress Feb 28 1823 Negotiations in England and convention of 1824 a...
338
Treaty of Washington in 1842
341
92c 5 Freedom of private worship
376
Case of the British ambassador in 1856
423
92d 6 Privileges of ambassadors family and train
427

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Страница 68 - 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...
Страница 292 - 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.
Страница 258 - And it is declared that neither the pretence that war dissolves all treaties, nor any other whatever, shall be considered as annulling or suspending the solemn covenant contained in this article. On the contrary, the state of war is precisely that for which it is provided ; and, during which, its stipulations are to be as sacredly observed as the most acknowledged obligations under the law of nature or nations.
Страница 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.
Страница 317 - And whereas it frequently happens that vessels sail for a port or place belonging to an enemy, without knowing that the same is besieged, blockaded, or invested, it is agreed, that every vessel, so circumstanced, may be turned away from such port or place, but shall not be detained, nor shall any part of her cargo, if not contraband, be confiscated, unless, after warning of such blockade or investment, from the commanding officer of the blockading forces, she shall again attempt to enter...
Страница 68 - ... we could not view any interposition for the purpose of oppressing them, or controlling in any other manner their destiny, by any European power, in any other light than as a manifestation of an unfriendly disposition towards the United States.
Страница 292 - 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.
Страница 300 - And generally all kinds of arms and instruments of iron, steel, brass and copper or of any other materials manufactured, prepared and formed expressly to make war by sea or land.
Страница 334 - Resolved, That the President of the United States be requested to enter upon and prosecute from time to time such negotiations with the several maritime powers of Europe and America as he may deem expedient for the effectual abolition of the African slave trade and its ultimate denunciation as piracy under the law of nations, by the consent of the civilized world.
Страница 208 - It is for the interest of humanity in gene'ral, that the occasions of war, and the inducements to it, should be diminished. If rapine be abolished, one of the encouragements to war is taken away ; and peace, therefore, more likely to continue and be lasting. The practice of robbing merchants on the high seas — a remnant of the ancient piracy — though it may be accidentally beneficial to particular persons, is far from being profitable to all engaged in it, or to the nation that authorizes it.

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