Manual of International Law: For the Use of Navies, Colonies and Consulates - Jan Helenus Ferguson - Google Books

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§ 134. Durability of the Obligatory Force of Treaties for Pages.

which no time of expiration has been stipulated. Opinion of

Sir Robert Phillimore. The Treaty of Paris of 1856.

Clayton-Bulwer Treaty. ......

§ 135. Circumstances under which the Obligatory Force

of a Treaty ceases.

§ 137. The Durability of International Treaties depends

upon the International Spirit of Law. Moral Causes of the

Imperfect Observance of Treaties. Characteristics of Inter-

national Treaties and International Customs compared. Ma-

terial Causes of the Imperfect Observance of Treaties........ ... 52-63

§ 138. Effect of War upon Treaties and Conventions.

Opinions of Mr. Hall. ..

$139. Treaties of Guarantee. Halleck's Opinion. Opi-

nion of Mr. Hall.

TREATIES AFFECTING INTERNATIONAL LAW.

§ 140. History of International Treaties. Some of the
most important treaties which affected International Law,
beginning with the Treaty of Westphalia.

INTERNATIONAL AGENTS.

Public Ministers, their Rights and Duties.

§ 141. International Status of Public Ministers. .........
§ 142. Immunities of a Public Minister. Sir Robert

Phillimore's Opinion.....

71-75

§ 143. Right of Exterritoriality. Droit d'Asile. Prof.

Lorimer's Opinion. Marriages in Legation Chapels. Halleck's

Opinion on the Immunities of a Public Minister. No right

of Asylum to refugees in the house of a Public Minister....... 96-104

§ 144. Passage through a third State, in Peace and War.

Opinion of Sir Robert Phillimore.

§ 145. The Minister of Foreign Affairs and his Depart-

§ 146. Mutual ranking of International Agents. Nomi-

nal ranking of International Agents by the Congress of Vien-
na in 1815, and that of Aix-la-Chapelle, 1818. Sir Robert
Phillimore on the ranking of International Agents... ..

104-105

105-107

107-116

§ 147. Letters of Credence. The full Power (Plein Pages.

Pouvoir). Audience for the delivery of the Letter of Credence.

Rules of Diplomatic Etiquette. Ending of the Mission. Re-

call or death of the Diplomatic Agent. Sir Robert Phillimore's

CONSULAR OFFICERS.

§ 148. Origin of the Consular Mission.

$149. Consular Officers, their Rights and Duties. Ex-

emptions and Immunities of Consuls regulated on the principle

of perfect reciprocity. Statement of Sir Robert Phillimore

with regard to the International Status of Consular Officers.

Consular Privileges under the Laws of Nations. Ground and

extent of the Consular Powers. General Privileges and Rights.

Trading Consuls. Consular Power in Countries where they

enjoy the right of Exterritoriality........

§ 150. Mutual Ranking of Consular Officers. Assimila-

tion with Naval Officers' Rank......

Judicial Functions.

§ 151. The Consular Functions.

Administrative Functions. Magisterial Functions. ....

Rules for the Consular Office.

§ 152. 1°. The Exequatur. 2°. Condition on which it is

permitted to exhibit the National Arms. 3°. Relations with

Local Authorities. 4°. Appointment of Vice-Consuls and

Consular Agents. 5°. General Attributes attached to the Con-

sular Mission. 6°. Consular Reports and Communications.

Express Communications. 7°. The Consular Seal. Na-

tional Arms and Ensign. Consular Memoranda. Consular

Archives. 8°. The Annual Trade-report. 9°. Non-periodical

Communications. 10°. Shipping Statistics. Annual List of

National Subjects. 11°. Mutual Observance of Treaties.

12°. Duties of the Consul towards the Subjects or Citizens of

his Country. 13°. Commercial Affairs. Most favoured Na-

tion Clause. 14°. Information as to Lighthouses, Buoys,

Shoals, etc. 15°. Ascertaining of Nationality before giving

protection. Register of Nationality. 16°. Consular Attributes

with regard to unadministered estates of deceased countrymen.

17°. Duties with regard to the Navy. 18°. Claiming Deser-

ters. 19°. Deposit of Ship's Papers at the Consulate on the

arrival of Merchant Vessels. What constitutes an arrival.

20°. Bills of Health. 21°. Declarations before the Consul

on arrival. Certifying the Log-book and other Papers. Ship's

Report. 22°. The Sea-protest. 23°. Surveying damaged

Ships and Cargoes. 24°. Repairs with authorization of the

Consul. 25°. Consular Attributes with regard to the raising Pages.

of money for repairs in a port of refuge; with regard to Bot-

tomry and Respondentia. 26°. With regard to the sell-

ing of Cargo. 27°. Consular Attributes with regard to con-

demned cargo. 28°. Documents to be legalized by the Consul.

29°. Consular attributes with regard to condemned vessels. 30°.

Cancelling Ship's Register in the case of a condemned vessel.

31°. Consular Authority with regard to Experts or Surveyors'

Certificates. 32°. Consular Attributes with regard to Salvage

and Wrecks. 33°. Consular Legalizations and Certificates in

general. 34°. Forwarding and serving of Documents, Admi-

nistrative and Judicial. 35°. Un-official Services. 36°. No-

tary Acts. 37°. Depositions. 38°. Letters Rogatory (com-

missions rogatoires). 39°. Consular Duties with regard to

Emigration. 40°. Misuse of the Flag by Masters of Ships.

41°. Master's Signature on Register. 42°. Vessels without Re-

gister or with doubtful Register. 43°. Fitting out of Private

Vessels for war purposes. 44°. Ship's name to be exhibited

externally. 45°. Concurrent Jurisdiction. Foreigners under

Consular Protection. 46°. Master, Officers and Members of

the Crew cannot be discharged under Consular authority except

in strict conformity with the Law. The impartiality of the

Consular Magisterial decisions to be rigidly maintained. ...... 153-179

BALANCE OF POWER AND INTERVENTION.

§ 153. The Right of Convenience (Droit de Convenance).

Balance of Power versus Balance of Justice.

Sir Robert Philli-

§ 154. Principles of Intervention.

more's Statement with regard to the Doctrine of Intervention.

English and American Neutrality Statutes, regarding non-

intervention. Foreign Enlistment Statute of 1819. Foreign

Enlistment Act of 1870. Halleck's Opinion.

THE LAWS OF PEACE.

Settlement of International Differences. Amicable Arrange-

ment and Compromise. Mediation and Arbitration.

Political Conferences and International

§ 155. The Phenomena of Physical and Moral Variations

of the Laws of Nature. Monstrosities of the Moral Law of

Nature. The Intermediate State between Peace and War. ... 195-199

$156. The Laws of Peace. Confirmation of International

§ 157. Means of Peaceable Settlement of International Pages.

Disputes. Amicable Arrangement and Compromise..................................... 202–204

§ 158. Measures viâ amicabili and viâ facta. The latter

often preferred to the former. Physiological causes of the

inclination to war. Mediation. Principal duty of a mediator.

Arbitration. Halleck's Opinion with regard to Mediation

and Arbitration. Rules as proposed by Halleck.

§ 159. Political Conferences and International Congresses.

Verification of the Pleins-pouvoirs. The Protocols or Procès-

Verbaux. Halleck's Statement with regard to Congresses and

§ 160. Rules proposed by the Institut de Droit Interna-

tional, for the pacific solution of international differences....... 214-219

THE CONDITION BETWEEN PEACE AND WAR.

Measures of constraint falling short of war.

Retortion and Reprisal.

§ 161. The Right of Redress. General principles of the

right to apply measures of Constraint..........

§ 162. Conditions for the Legality of Measures of Cons-

§ 163. Retortion or Retaliation.

§ 164. Difference between Retortion and Reprisal. Wool-

sey's definition. Halleck's Opinion with regard to Retortion

and Retaliation.

§ 165. Different acts of Reprisal short of war, admissible

by International Law. Special Reprisal (Lettres de Repré-

sailles). General Reprisal. Passive and Active Reprisal.

Seizure. Halleck's Opinion. Opinion of Sir Robert Philli-

more on Reprisal,

§ 166. Embargo. Mr. Hall's definition. Judgment of Lord

Stowell. Judge Kent's Opinion. Dr. Woolsey's Opinion.

Halleck's Statement.

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