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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. The
§ 135. Circumstances under which the Obligatory Force
§ 136. Circumstances under which a Treaty becomes void-
§ 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.
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.
Public Ministers, their Rights and Duties.
§ 141. International Status of Public Ministers.
§ 142. Immunities of a Public Minister. Sir Robert
§ 146. Mutual ranking of International Agents. Nomi-
$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-
$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.
call or death of the Diplomatic Agent. Sir Robert Phillimore's
§ 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. .....
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
$151. The Consular Functions. Judicial Functions.
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-
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.
BALANCE OF POWER AND INTERVENTION.
§ 153. The Right of Convenience (Droit de Convenance).
§ 154. Principles of Intervention. Sir Robert Philli-
more's Statement with regard to the Doctrine of Intervention.
English and American Neutrality Statutes, regarding non-
intervention. Foreign Enlistment Statute of 1819. Foreign
Settlement of International Differences. Amicable Arrange-
ment and Compromise. Mediation and Arbitration.
§ 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. ............. 204-210
§ 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.
§ 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
§ 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-
§ 166. Embargo. Mr. Hall's definition. Judgment of Lord
Stowell. Judge Kent's Opinion. Dr. Woolsey's Opinion.