Halleck's International Law Or Rules Regulating the Intercourse of States in Peace and War, Volume 2

Capa
K. Paul, Trench, Trübner & Company, Limited, 1893
 

O que estão dizendo - Escrever uma resenha

Não encontramos nenhuma resenha nos lugares comuns.

Conteúdo

Opinions of publicists
21
Policy of treating enemys allies as friends
22
Effect of resistance of neutral master
23
Neutral property in enemys vessels
24
Documents required to prove neutral character
25
PAGE 129
27
Probable cause of seizure usually sufficient
29
App The Convention of Geneva 1864
36
18
42
132
52
CHAPTER XXI
58
The Admirals Court 25 The English Prize Court 26 English law respecting booty PAGE 74 75 75 70 77
78
CHAPTER XXII
80
No relaxation of ancient rules as to maritime captures 2 Attempts to modify it
81
Difficulties in its application
82
Ownership at time of capture
83
Rule as to consignee
84
Doctrine in the United States courts
85
Contract and shipment made in contemplation of war
86
If both be made in time of peace
87
Shipment at risk of neutral consignee
88
If neutral consignor become an enemy during voyage 12 Acceptance in transitu by neutral consignee
90
Change of ownership by stoppage in transitu 14 National character of goods
91
Transfer of enemys ships to neutrals 16 Rules of such transfer
94
General rule as to character of ships and goods
96
Effect of liens
98
Laws of different States
102
Decisions of French prize courts
103
Vessels of discovery
105
Fishingboats
106
Cases of shipwreck
107
Distinctions between reprisals and privateering 26 Privateers not used in recent wars
112
Declaration of the Conference of Paris 1856
117
Privateers by whom commissioned
119
Treaty stipulations
122
Trade with the Enemy 1 Property of subjects engaged in trade with the enemy liable to confiscation
124
Good faith or a mistake no defence
132
Continuous voyages
133
When offence is completed
134
Transfer of ships 135 16 Regularity of papers not conclusive
135
Trade by stranger in enemys country
136
Acceptance of a license from enemy
137
Trade with possessions and colonies of enemy
139
CHAPTER XXIV
141
Qualified neutrality
142
Neutrality must be observed and enforced
143
No hostilities to be permitted within neutral jurisdiction
145
Passage of troops through neutral territory
146
Pretended exception of Bynkershoek
148
Neutral ports and the Suez Canal 9 Right of asylum
150
Duties of belligerents while in neutral waters
151
Arming vessels and enlisting troops
155
Loans of money by neutrals
163
Passage over neutral waters
165
Municipal laws enforcing neutrality 100
169
Protection of property in neutral territory 22 Restitution of property captured in neutral territory
172
Decisions in the United States
173
Purchasers in foreign ports
174
Distinction concerning relations of inhabitants with regard to foreign States 445
178
CHAPTER XXV
182
In the wars of Napoleon
188
De facto blockades
189
Public blockades
190
If driven away by force
191
If blockade be irregularly maintained
192
Effect of a siege upon communications by sea
193
Breach of blockade a criminal act
194
Public notification charges parties with knowledge
195
Effect of general notoriety
196
When presumption of knowledge may be rebutted
197
Proof of actual knowledge or warning
198
Inception of voyage
200
Exception in case of de facto blockades
201
When presumption of intention to enter cannot be repelled
202
Declaration of master
203
Delay in obeying warning
204
When ingress is excused
205
Violation of blockade by egress
206
When egress is allowed
207
Penalty for breach of blockade
208
When cargo is exempted from condemnation
209
Duration of offence
210
Insurance how affected by violation of a blockade
211
Hautefeuilles theory of the law of blockades
212
28
214
Transfer from one port to another
221
Of those of more recent date
227
Intended use deduced from destination
233
Opinions of English and American textwriters
281
Neutral goods in enemys vessels
282
Treaties and ordinances
285
France and England as allies in 1854
286
Proof of neutral goods in enemys ships 14 Neutral ships under enemys flag and pass 15 Neutral goods in such vessels
289
Transporting military persons
290
The case of the Trent
299
Rules of 1756 1793 and 1801
301
Explanation of them
302
Distinction between them
305
Effect on American commerce of the rule of 1793
307
Opinions of Story and of Phillimore
308
Change of British colonial policy
309
CHAPTER XXIX
310
App Conference of Brussels 1874
324
CHAPTER XXX
343
If its date be altered
356
CHAPTER XXXI
362
Of joint captures generally
371
By public ships of allies
377
Forfeiture of claims to prize
384
Exceptions to rule 125
393
PAGE
395
Prize courts of the United States
400
Decision of competent court conclusive
406
Character of proceedings
412
Laws contrary to fundamental principles of new sovereignty 489
413
171
416
Who may appear as claimants
418
App Practice in prize courts
425
14
432
Punishment of crimes in such territory
439
Penalty for offences
442
In regard to States of the Union
446
u Collection and use of revenues in such territory
447
Military contributions
448
Allegiance of inhabitants of occupied territory
450
Implied obligations of the conquered
451
Of the conqueror
452
Right of revolution
453
Military insurrection
454
Alienations of territory occupied by an enemy
455
Alienations made in anticipation of conquest
456
Private grants so made 458 25 Transfer of territory to neutrals
458
Effect of military occupation on incorporeal rights
460
Debts due to the displaced government
461
If former government be restored
462
Examples from ancient history
463
CHAPTER XXXIV
467
Its application to foreign residents
477
Rule may be varied by treaty or municipal law
478
Right to citizenship under new sovereignty
479
English law on this subject
480
Laws of the conquered territory
481
Conquered territory under British laws
482
Under the United States 17 Laws of conquered territory and the constitution of the new State
485
How far laws of military occupation continue after complete conquest
487
To the laws of the new sovereignty 20 Distinction in English law between conquered and dis covered territory
489
Conquest changes political rights but not rights of property
493
Necessity of remedial laws
494
Effect of conquest on the property of the State
495
476
496
CHAPTER XXXV
500
Postliminy in regard to things
502
Postliminy in regard to allies
503
Upon movables on land
504
Upon towns and provinces
506
If a State be entirely subjugated
508
Case of Genoa in 1814
509
Application of postliminy to maritime captures
510
Textwriters and prize courts
511
Laws of Great Britain
513
Laws of the United States
515
Laws of different European States
516
Quantum of salvage on recaptures
519
International law on salvage
520
Military and civil salvage
521
If original capture be unlawful
523
A vessel recaptured by her master and crew
524
Recapture from pirates
525
Recapture by land and sea forces
526
General Act of the Brussels Conference 1890
529
Earliest age at which marriage can be solemnised in each of the States of Europe
556
The Foreign Marriage Act 1892
569
INDEX
579
483
587
488
628

Outras edições - Visualizar todos

Termos e frases comuns

Passagens mais conhecidas

Página 168 - State : or (3.) Equips any ship with intent or knowledge, or having 'reasonable cause to believe that the same shall or will be employed in the military or naval service of any foreign State at war with any friendly State...
Página 116 - 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.
Página 319 - I propose to receive the surrender of the Army of Northern Virginia on the following terms, to wit : Rolls of all the officers and men to be made in duplicate, one copy to be given to an officer...
Página 178 - No ship of war or privateer of either belligerent shall hereafter be permitted, while in any port, roadstead or waters subject to the territorial jurisdiction of her majesty, to take in any supplies, except provisions and such other things as may be requisite for the subsistence of her crew, and except so much coal only as may be sufficient to carry such vessel to the nearest port of her own country, or to some nearer destination...
Página 39 - Military necessity, as understood by modern civilized nations, consists in the necessity of those measures which are indispensable for securing the ends of the war, and which are lawful according to the modern law and usages of war.
Página 168 - Builds, or agrees to build or causes to be built, any ship with intent or knowledge, or having reasonable cause to believe that the same shall or will be employed in the military or naval service of any foreign State at war with any friendly State...
Página 168 - ... 1. Any person who, being a British subject, within or without the dominions of her Majesty, has, without the license of Her Majesty, accepted or agreed to accept any commission or engagement in the military or naval service of any foreign state at war with any friendly state.
Página 166 - Sec. 2. And be it further enacted, That if any person shall, within the territory or jurisdiction of the United States, enlist or enter himself, or hire or retain another person to enlist or enter himself, or to go beyond the limits or jurisdiction of the United States...
Página 273 - ... not only the simplest and best, but the only, rule which can be adopted and observed, consistently with the rights and honor of the United States and the security of their citizens. That rule announces, therefore, what will hereafter be the principle maintained by their government In every regularly documented American merchant- vessel, the crew who navigate it will find their protection in the flag which is over them.
Página 410 - ... to administer with indifference that justice which the law of nations holds out, without distinction, to independent states, some happening to be neutral and some to be belligerent. The seat of judicial. authority is, indeed, locally here, in the belligerent country, according to the known law and practice of nations ; but 'the law itself has no locality.

Informações bibliográficas