The Diplomatic Protection of Citizens Abroad

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Columbia University, 1914 - 84 страница
 

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Страница 45 - We do not guarantee any state against punishment if it misconducts itself, provided that punishment does not take the form of an acquisition of territory by any nonAmerican power.
Страница 54 - The only escape from these alternatives may at any time be that we must ourselves undertake to bring about some arrangement by which so much as possible of a just obligation shall be paid. It is far better that this country should put through such an arrangement, rather than allow any foreign country to undertake it. To do so insures the defaulting republic from having to pay debts of an improper character under duress, while it also insures honest creditors of the republic from being passed by in...
Страница 503 - Case in 1851, and since repeated by this court, "independently of a residence with intention to continue such residence; Independently of any domiciliation ; independently of the taking of any oath of allegiance or of renouncing any former allegiance, it is well known that, by the public law, an alien, or stranger born, for so long a time as he continues within the dominions of a foreign government, owes obedience to the laws of that government, and may be punished for treason, or other crimes, as...
Страница 42 - British subjects have such claims, that it is for the British Government entirely a question of discretion, and by no means a question of international right, whether they should or should not make this matter the subject of diplomatic negotiation.
Страница 508 - State, and it would seem that one might be a citizen of a State without being a citizen of the United States, although the authorities differ on this point.
Страница 35 - In a word, the principle which she would like to see recognized is : that the public debt can not occasion armed intervention nor even the actual occupation of the territory of American nations by a European power.
Страница 54 - ... houses of an American Republic in order to enforce the payment of its obligations ; for such temporary occupation might turn into a permanent occupation. The only escape from these alternatives...
Страница 13 - ... one individual claiming a comparatively small sum there are a great number of individuals to whom a very large amount is due. It is therefore simply a question of discretion with the British Government whether this matter should or should not be taken up by diplomatic negotiation, and the decision of that question of discretion turns entirely upon British and domestic considerations.
Страница 16 - So, also, the case is widely different when the foreign government becomes itself a party to important contracts, and then not only fails to fulfill them, but capriciously annuls them, to the great loss of those who have invested their time and labor and capital from a reliance upon its own good faith and justice.
Страница 46 - It is doubtless true that the non-payment of public debts may be accompanied by such circumstances of fraud and wrongdoing or violation of treaties as to justify the use of force. This Government would be glad to see an international consideration of the subject which shall discriminate between such cases and the simple nonperformance of a contract with a private person, and a resolution in favor of reliance upon peaceful means in cases of the latter class.

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