Institutes of International Law, Томови 1-2W. Benning, 1849 |
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Страница 45
... command of the sovereign , is employed by him for national objects . He has many and powerful motives for preventing those objects from being defeated by the interference of a foreign state . Such interference cannot take place without ...
... command of the sovereign , is employed by him for national objects . He has many and powerful motives for preventing those objects from being defeated by the interference of a foreign state . Such interference cannot take place without ...
Страница 66
... command and disposi- tion of this force . The grant of a free passage , therefore , implies a waiver of all jurisdiction over the troops during their passage , and permits the foreign general to use that discipline and inflict those ...
... command and disposi- tion of this force . The grant of a free passage , therefore , implies a waiver of all jurisdiction over the troops during their passage , and permits the foreign general to use that discipline and inflict those ...
Страница 71
... commands them : he maintains , that inland seas , including the Mediter- ranean , are still capable of appropriation though at present unappropriated . Hence it follows , that any one navigating the Mediterranean in a single vessel with ...
... commands them : he maintains , that inland seas , including the Mediter- ranean , are still capable of appropriation though at present unappropriated . Hence it follows , that any one navigating the Mediterranean in a single vessel with ...
Страница 153
... commands of the respective sovereigns cannot at the same time reach all their subjects ; it hath been thought fit to appoint these following limits for the committing of any acts of hostility or force upon each other ; viz . , that ...
... commands of the respective sovereigns cannot at the same time reach all their subjects ; it hath been thought fit to appoint these following limits for the committing of any acts of hostility or force upon each other ; viz . , that ...
Страница 200
... command of the Crown for a libel on a French ambassador , then residing at the British court , consisting principally of angry reflections on his public conduct , charging him with ignorance in his official capacity , and with having ...
... command of the Crown for a libel on a French ambassador , then residing at the British court , consisting principally of angry reflections on his public conduct , charging him with ignorance in his official capacity , and with having ...
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ambassador appears authority bassador belligerent belonging blockaded port bonā 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
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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.