International Law: A Treatise, Volume 1

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Contents

Certain Rules of Municipal Law necessitated or interdicted
27
Presumption against conflicts between International and Municipal Law
28
Case of the Franconia
29
Dominion of the Law of Nations 26 Range of Dominion of International Law controversial
30
Three Conditions of Membership of the Family of Nations
31
Present Range of Dominion of the Law of Nations
32
2 Treatment of States outside the Family of Nations
34
Codification of the Law of Nation
35
Movement in Favour of Codification
36
Work of the Hague Peace Conference
37
U S Naval War Code
38
Merits of Codification in general
39
Merits of Codification of International Law
41
How Codification could be realised
43
CHAPTER II
44
The Jews
45
The Greeks
48
The Romans
50
No need for a Law of Nations during the Middle Ages
52
The Fifteenth and Sixteenth Century
54
Development of the Law of Nations after Grotius
58
CT page 43 The time of Grotius
59
The period 16481721
62
The period 18151856
65
The period 18561874
68
The period 18741899
70
The Twentieth Century
72
Five Lessons of the History of the Law of Nations 73
73
The Science of the Law of Nations 52 Forerunners of Grotius
76
Grotius
77
Zouche
81
The Naturalists
82
The Positivists
83
The Grotians
85
Treatises of the Nineteenth and Twentieth Centuries
87
The Science of the Law of Nations in the Nineteenth Cen tury as represented by treatises
90
Collection of Treaties
94
Bibliographies
95
PART I
97
CHAPTER I
99
Conception of the State
100
Notfull Sovereign States
101
Divisibility of Sovereignty contested
103
Meaning of Sovereignty in the Eighteenth Century
105
Meaning of Sovereignty in the Nineteenth Century to6 70 Result of the Controversy regarding Sovereignty
108
Change in the Condition of International Persons
114
How far Succession actually takes place
120
Independence and Territorial as well as Personal Supremacy
123
States in Personal Union
126
Vassal States
133
Protectorates outside the Family of Nations
139
ioj International position of nonChristian States besides Turkey
148
International Persons of the Present
154
Other Characteristics of the position of the States within
160
Titles of States
167
Selfpreservation an excuse for violations
177
Intervention by Right
183
Intercourse
191
tCT A
197
RESPONSIBILITY OF STATES
198
Stale Responsibility for Acts of Private Persons
211
PART II
215
CHAPTER I
217
Different kinds of Territory
218
Importance of State Territory
219
One Territory one State
220
Real and Fictional Parts of Territory
222
173 Territorial Subsoil 223 r 174 Territorial Atmosphere
223
Inalienability of Parts of Territory
224
Rivers 176 Rivers State Property of Riparian States
225
Navigation on National Boundary and not National Rivers
226
Navigation on International Rivers
227
TV Lakes and Landlocked Seas 179 Lakes and Landlocked Seas State Property of Riparian States
230
Socalled International Lakes and Landlocked Seas
231
Canals 182 Canals State Property of Riparian States 233
233
The Suez Canal
234
The Panama Canal
236
Maritime Belt 185 State Property of Maritime Belt contested
239
Breadth of Maritime Belt
240
Fisheries Cabotage Police and Maritime Ceremonials within the Belt
242
Jurisdiction within the Belt
244
CT PAGE
246
Boundaries of State Territory
253
5 Object of State Servitudes
259
2ia Former Doctrine concerning Acquisition of Territory
265
Tradition of the ceded Territory
272
Accretion
283
Subjugation of the whole or of a part of Enemy Territory
289
Loss of State Territory
296
Practical Expression of claims to Maritime Sovereignty
302
Conception of the Open Sea STT MOE 252 Discrimination between Open Sea and Territorial Waters
306
Clear Instancesof Parts of the Open Sea
307
The Freedom of the Open Sea 254 Meaning of the Term Freedom of the Open Sea
308
Legal Provisions for the Open Sea
309
Freedom of the Open Sea and war
310
Navigation and ceremonials on the Open Sea
312
Rationale for the Freedom of the Open Sea
313
JurUdietion on the Open Sea 26a Jurisdiction on the Open Sea mainly connected with Flag
315
Ship Papers
317
Names of Vessels
318
Safety of Traffic on the Open Sea
319
Powers of Menofwar over Merchantmen of all Nations
320
How Verification of Flag is effected
322
How Search is effected
323
Shipwreck and Distress on the Open Sea
324
Piracy 272 Conception of Piracy
325
Private Ships as Subjects of Piracy
326
Seal Fisheries in Behring Sea
336
Fisheries around the Faroe Islands and Iceland
337
Telegraph Cables in the Open Sea admitted
338
Individuals Objects of the Law of Nations
344
Socalled Protigis and de facto Subjects
350
Naturalisation in Especial
357
Position of Individuals with Double Nationality
364
No Obligation to admit Foreigners
369
32a Protection to be afforded to Foreigners Persons and Pro
376
Extradition
382
Effectuation and Condition of Extradition
388
The socalled Belgian Attentat Clause
394
Reactionary Extradition Treaties
400
SRCT PAQ
403
The Retinue of Monarohs abroad
410
TheInstitution of Legation
416
Envoys Ceremonial and Political
422
Combined Legations
428
38a Observation
434
limitation of Inviolability
440
HECT FACE 391 Exemption from Criminal and Civil Jurisdiction
445
Exemption from Subpoena as witness
446
Exemption from Police
447
Right of Chapel
449
Position of Diplomatic Envoys as regards Third States 397 Possible Cases
450
Envoy found by Belligerents on occupied Enemy Territory
452
The Retinue of Diplomatic Envoys 401 Different Classes of Members of Retinue
453
Privileges of Members of Legation
454
Privileges of Private Servants
455
Privileges of Couriers of Envoys
456
Accomplishment of Object of Mission
457
Recall
458
Promotion to a higher Class
459
Constitutional Changes
460
Death of Envoy
461
CHAPTER III
463
vol i
465
Appointment of Consult
469
Position and Privileges of Consuls
475
Exceptional Character of Consuls in nonChristian States
481
STE TAGK
485
455 8pies
492
Permanent Office of the Sugar Convention
498
ON INTERNATIONAL TRANSACTIONS IN GENERAL
505
Parties to Congresses and Conferences
511
SKIT PAOK 562 Declaration of St Petersburg 566
513
CHAPTER II
517
Treatymaking Power exercised by Heads of States
523
Objects in general of Treaties
526
Obligations of Contracting Parties only can be Object
527
Illegal Obligations
528
Acts Conventions Declarations
529
Conception and Function of Ratification
531
Rationale for the Institution of Ratification
532
Ratification regularly but not absolutely necessary
533
Space of Time for Ratification
534
Refusal of Ratification
535
Ratification by whom effected
536
Ratification cannot be partial and conditional
537
Effect of Ratification
538
Effect of Treaties 519 Effect of Treaties upon Contracting Parties
539
Effect of Changes in Government upon Treaties
540
Effect of Treaties upon Third States
541
Mean of Securing Performance of Treaties 523 What means have been in use
542
Hostages
543
Guarantee
544
f in loo OIllcoH and Mediation
545
Fr AocuMion
546
ment
547
Mutual Consent of the Contracting Parties
548
Withdrawal by Notice
549
Vital Change of Circumstances
551
Voidance of Treaties 540 Grounds of Voidance
553
Impossibility of Execution
554
Cancellation of Treaties 545 Grounds of Cancellation
555
Subsequent Change of Status of one of the Contracting Parties
556
549 War
557
Reconfirmation
558
Interpretation of Treaties
559
IMPORTANT GROUPS OF TREATIES I Important Lawmaking Treaties 555 Important Lawmaking Treaties a product of the Nineteenth Century
563
Final Act of the Vienna Congress
564
Geneva Convention
565
Treaty of London of 1867
566
Treaty of Constantinople of 1888
567
Treaty of Washington of 1901
568
Alliances
569
Conception of Alliances
570
Different kinds of Alliances
571
Casus Foederis
572
Treaties of Guarantee and of Protection 574 Conception and Objects of Guarantee Treaties
573
Effect of Treaties of Guarantee
574
Effect of Collective Guarantee
575
Treaties of Protection
576
Universal Postal Union
577
Universal Telegraph Union
578
Convention concerning the Metric System
579
Union for the Publication of Customs Tariffs
580
Phylloxera Conventions
581
Convention for Preservation of Wild Animals in Africa
582
APPENDIX
583
Declaration respecting Egypt and Morocco
585
Convention signed a t London April 8 1904
588
III Declaration concerning Siam Madagascar and the New Hebrides
593
INDEX
595
Occupation how effected 276
604
Zone for Revenue and Sanitary Laws 245
610
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Page 237 - The canal shall be free and open to the vessels of commerce and of war of all nations observing these Rules, on terms of entire equality, so that there shall be no discrimination against any such nation, or its citizens or subjects, in respect of the conditions or charges of traffic, or otherwise. Such conditions and charges of traffic shall be just and equitable.
Page 189 - In the discussions to which this interest has given rise, and in the arrangements by which they may terminate, the occasion has been deemed proper for asserting, as a principle in which the rights and interests of the United States are involved, that the American continents, by the free and independent condition which they have assumed and maintained, are henceforth not to be considered as subjects for future colonization by any European power.
Page 237 - It is agreed that the canal may be constructed under the auspices of the Government of the United States, either directly at its own cost, or by gift or loan of money to individuals or corporations, or through subscription to or purchase of stock or shares, and that, subject to the provisions of the present Treaty, the said Government shall have and enjoy the rights incident to such construction, as well as the exclusive right of providing for the regulation and management of the canal.
Page 568 - Convention for the adaptation to maritime warfare of the principles of the Geneva Convention of August 22, 1864.
Page 46 - Now go and smite Amalek, and utterly destroy all that they have, and spare them not ; but slay both man and woman, infant and suckling, ox and sheep, camel and ass.
Page 570 - If, in the above event, any other Power or Powers should join in hostilities against that ally, the other High Contracting Party will come to its assistance, and will conduct the war in common, and make peace in mutual agreement with it.
Page 237 - No belligerent shall embark or disembark troops, munitions of war, or warlike materials in the canal, except in case of accidental hindrance of the transit, and in such case the transit shall be resumed with all possible dispatch.
Page 69 - that it is an essential principle of the law of nations that no power can liberate itself from the engagements of a treaty, nor modify the stipulations thereof, unless with the consent of the contracting powers, by means of an amicable arrangement.
Page 37 - Convention with Respect to the Laws and Customs of War on Land.

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