Institutes of International Law, Томови 1-2W. Benning, 1849 |
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Страница 4
... bound to allow it . The phrase moral claim at once conveys the idea which Puffendorf and Vattel have employed countless pages to confuse . It is obvious that such rules can impose no legal obligation until they are sanctioned by usage ...
... bound to allow it . The phrase moral claim at once conveys the idea which Puffendorf and Vattel have employed countless pages to confuse . It is obvious that such rules can impose no legal obligation until they are sanctioned by usage ...
Страница 9
... bound ? That all the penalties of the French law would immediately have been thundered upon it . Why is a British judge to obtrude himself in subsidium juris , when every thing requi- site will be performed in the French Court in a ...
... bound ? That all the penalties of the French law would immediately have been thundered upon it . Why is a British judge to obtrude himself in subsidium juris , when every thing requi- site will be performed in the French Court in a ...
Страница 10
... bound by treaties to suppress it , must be respected by all tribunals , foreign as well as domestic . So that if their slaves are taken they are to be restored to them , and if not taken under an innocent mistake , to be restored with ...
... bound by treaties to suppress it , must be respected by all tribunals , foreign as well as domestic . So that if their slaves are taken they are to be restored to them , and if not taken under an innocent mistake , to be restored with ...
Страница 11
... bound by the acts of the British Legislature prohibiting this trade , it would be unjust to deprive him of a remedy for a wrong which he has sustained ( k ) . In one of the circuit courts of America it was decided , that the slave trade ...
... bound by the acts of the British Legislature prohibiting this trade , it would be unjust to deprive him of a remedy for a wrong which he has sustained ( k ) . In one of the circuit courts of America it was decided , that the slave trade ...
Страница 18
... bound to confine himself to those modes which the common practice of mankind ( f ) iii . 1 , viii . 2 , ( n ) . Valde philosophice dixit , placuit ; ut osten- deret hæc valere εκ συνθηκησ . ( g ) F. L. iii . Ita placuisse omnibus vel ...
... bound to confine himself to those modes which the common practice of mankind ( f ) iii . 1 , viii . 2 , ( n ) . Valde philosophice dixit , placuit ; ut osten- deret hæc valere εκ συνθηκησ . ( g ) F. L. iii . Ita placuisse omnibus vel ...
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Чести термини и фразе
ambassador appears authority bassador belligerent belonging blockaded port bonâ fide bound Britain British Bynk Bynkershoek capture carried circumstances claim claimant colony commerce condemned confiscation considered consignee consul contraband contracting parties convoy Court of Admiralty declared domiciled Dutch duty enemy enemy's country England entitled Flass force foreign France freight French gentium Grot Grotius Heinecc held hostilities ibid intention jurisdiction jus gentium justice Kent Comm King law of nations letters of marque liable license Lord master merchant national character neutral country offence officers owner persons possession prince principle privilege prize Prize Court protection provides public minister Puff punishment purpose reprisals residence respect restitution rule sador sailing seized shew ship and cargo sovereign Spain Spanish subjects taken territory tion trade transhipment treaty of peace treaty of Utrecht United Provinces usage Valin Vatt viii violation voyage Wicq
Популарни одломци
Страница 60 - The jurisdiction of the nation within its own territory is necessarily exclusive and absolute. It is susceptible of no limitation not imposed by itself. Any restriction upon it, deriving validity from an external source, would imply a diminution of its sovereignty to the extent of the restriction, and an investment of that sovereignty to the same extent in that power which could impose such restrictions.
Страница 46 - It seems, then, to the court, to be a principle of public law, that national ships of war, entering the port of a friendly power open for their reception, are to be. considered as exempted by the consent of that power from its jurisdiction.
Страница 36 - The decisions of the courts of every country, so far as they are founded upon a law common to every country, will be received, not as authority, but with respect. The decisions of the courts of every country show how the law of nations, in the given case, is understood in that country, and will be considered in adopting the rule which is to prevail in this.
Страница 182 - And that the citizens of the said United States may freely carry on a trade between the said territories and the said United States, in all articles of which the importation or exportation respectively, to or from the said territories, shall not be entirely prohibited.
Страница 352 - By the maritime law of nations universally and immemorially received, there is an established method of determination, whether the capture be, or be not, lawful prize. Before the ship or goods can be disposed of by the captor there must be a regular judicial proceeding wherein both parties may be heard, and condemnation thereupon as prize in a Court of Admiralty, judging by the law of nations and treaties.
Страница 16 - In my opinion, no principle ought to be held more sacred than that this intercourse cannot subsist on any other footing than that of the direct permission of the state. Who can be insensible to the consequences that might follow, if every person in time of war had a right to carry on a commercial intercourse with the enemy, and under colour of that, had the means of carrying on any other species of intercourse he might think fit?
Страница 354 - If the sentence of the court of Admiralty is thought to be erroneous, there is in every maritime country a superior court of review, consisting of the most considerable persons, to which the parties who think themselves aggrieved may appeal ; and this superior court judges by the same rule which governs the court of Admiralty — viz. the law of nations, and the treaties subsisting with that neutral power, whose subject is a party before them.
Страница 82 - A sovereign committing the interests of his nation with a foreign power to the care of a person whom he has selected for that purpose, cannot intend to subject his minister in any degree to that power ; and, therefore, a consent to receive him, implies a consent that he shall possess those privileges which his principal intended he should retain — privileges which are essential to the dignity of his sovereign, and to the duties he is bound to perform.
Страница 46 - If, for reasons of state, the ports of a nation generally, or any particular ports be closed against vessels of war generally, or the vessels of any particular nation, notice is usually given of such determination. If there be...
Страница 73 - The second is, that all nations being equal, all have an equal right to the uninterrupted use of the unappropriated parts of the ocean for their navigation. In places where no local authority exists, where the subjects of all States meet upon a footing of entire equality and independence, no one State, or any of its subjects, has a right to assume or exercise authority over the subjects of another.