The Law of Nations Considered as Independent Political Communities ...

Front Cover
University Press, 1863 - International law

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Contents

Reprisals
20
Embargo
21
Marque and Contremarque
23
The Admiralty Jurisdiction
26
Reprisals consistent with Peace
27
Negative and Positive Reprisals
29
Special and General Reprisals
30
Reprisals against the Two Sicilies in 1839 33333
35
Reprisals not always lawful 20 Reprisals against PersonsThe Duc de Belleisle The Envoys of the Confederate States of America
39
Formal Declaration of WarLaw of Germanic
57
COMMENCEMENT OF
60
Recall of Resident Envoys
64
The Status ante bellum ambiguous
74
Sect Page 42 Effect of War upon individuals
79
Naturalborn and adopted Citizens
82
Inhibition of intercourse with the EnemyRecall of naturalborn Subjects
83
Commissions to carry on hostilities
84
Enemysubjects within the Territory of a Belligerent
86
Treaties of CommerceEnemyproperty within the Territory of a Belligerent
87
Sect Page Polish EnvoyQueen Elizabeth and the Hanse Towns 239
88
Obligation of good Faith
89
Ancient Practice of Provisional Embargo
91
Enemysubjects resident in the Territory of a Belligerent
93
Enemysubjects in transituDetention of British Subjects in France by the First Consul in 1803
95
Modern practice not to detain Enemysubjects
98
Debts due to Enemysubjects
100
Chancellor KentVattelBynkershoek
103
Judgment of Lord Ellenborough in Wolff v Oxholm
105
Suspension of Commercial Contracts
108
Debts due by an EnemysovereignThe Silesian Loan The RussianDutch Loan
112
Embargo of Enemyproperty afloat in the ports of a Belligerent
114
Commencement of War with Russia in 1854
116
Immovable property of Enemies in the Territory of a Belligerent
118
Right within Enemys TerritoryMovable property
122
Usage of Europe in the sixteenth centuryAlbe ricus Gentilis 242
125
KlüberHeffterEarly Conventions in restraint
126
State Papers and Public Archives
128
Property waterborne in an Enemys ports
134
Neutral TradePlacaarts of the States General in the sixteenth century 243
138
Customs of the SeaRooles dOleronConsolato
145
Sect Page
152
Four systems of Maritime LawThe Natural system
158
Sect Page 163 Exceptions in transactions of good Faith originating in time of Peace 323
163
EnemyCharacter may attach to Places in the
164
The Parties to the Declaration of Paris
165
The Passport or SeaLetterAmbiguity of the Mer
172
Right of Approach
178
Right of Detention for Enquiry
184
Sect Page 100 Penalties for the violation of a Blockade
189
Object of a Blockade
191
Regulated exercise of the Right of Blockade
194
Legal requirements of a binding BlockadeDecla ration of the Congress of Paris
196
Characteristics of an Effective Blockade
197
Knowledge on the part of the Master of a Vessel dispenses with actual Warning
200
Constructive Notice Public NotificationGeneral Notoriety
203
Duration of delictum after Egress
217
Effect of Fraud in Egress
220
Cargo not always condemned with the Ship
221
Extent of Coast which may be placed under Blockade
223
Limited operations of a Blockade
226
Effect of a Blockade on Licenses
227
Effect of Licenses on a Blockade
229
CHAPTER VII
232
Treaty of Whitehall in 1661Treaties of Breda and Madrid in 1677Treaty of St GermainenLaye of 1677
255
Treaty of Whitehall of 1689
258
Opinion of Sir Leoline Jenkins
260
Treaty of Utrecht of 1713
261
British TreatyEngagements
263
Concert of European Nations as to certain articles
266
Bynkershoeks view
267
Vattel
269
French Jurists
270
Practice of British Prize Courts
271
General doctrine of British Prize Tribunals
275
British Treaty with the United States in 1796
279
Right of PreemptionTreaty of Westminster of 1656Treaty of Whitehall of 1661Treaty of Orebro of 1812
286
Belligerents may not interfere with Trade within
294
The Character of Property is not always identical
305
Employment of Neutral Property in the service
312
The Character of the produce of Landed Estates
319
Friendly Character may attach to Places in the oc cupation of an Ally
326
CHAPTER IX
328
Cartel Ships
354
Ransom of Captures at Sea
355
Ransom Bills
356
Hostages
359
Modern Restraints upon Ransom
360
Joint Captures
363
Distribution of Prize amongst joint Captors
366
Condemnation of Prizes brought into the port of an Ally
368
Congress of Paris of 1856 40
373
A Commission of War must be on board a Privateer
382
A Privateer may not have two Commissions of
388
Purport of Instructions issued to British Privateers
395
The exercise of the Belligerent Right of Visit
402
Privateers not admitted to the same Comity
406
Municipal prohibitions against Subjects accepting
413
CHAPTER XI
424
Views of Martens
430
The Political Duties of Neutral Nations towards
438
Hospitality to Belligerent ships discretional on
445
Belligerent privilege of Asylum in Neutral waters
452
Sect Page
456
Sale of Ships of War by a Neutral Power
466
The Policy of the United States of America as
473
Jurisdiction over Captures in Neutral waters exer
481
Neutral Courts do not entertain the question
487
Neutral Powers do not interpose their jurisdiction
494
Conflict of jurisdiction between a Neutral Admiralty
507
Privateers under Special Conventions Piratical vessels
507

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Page 191 - The neutral flag covers enemy's goods, with the exception of contraband of war ; 3. 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.
Page 443 - But there is nothing in our laws or in the Law of Nations that forbids our citizens from sending armed vessels, as well as munitions of war, to foreign ports for sale. It is a commercial adventure which no nation is bound to prohibit, and which only exposes the persons engaged in it to the penalty of confiscation.
Page 195 - And whereas it frequently happens that vessels sail for a port or place belonging to an enemy without knowing that the same is...
Page 257 - ... masts, planks, and wood of all kind, and all other things proper either for building or repairing ships, and all other goods whatever, which have not been worked into the form of any instrument...
Page 209 - It is intended to suspend the entire commerce of the place, and a neutral is no more at liberty to assist the traffic of exportation than of importation. The utmost that can be allowed to a neutral vessel, is, that having already taken on board a cargo, before the blockade begins, she may be at liberty to retire with it.
Page 157 - Considering: That Maritime Law, in time of war, has long been the subject of deplorable disputes; That the uncertainty of the law, and of the duties in such a matter, gives rise to differences of opinion between neutrals and belligerents which may occasion serious difficulties, and even conflicts...
Page 146 - I believe it cannot be doubted, but that by the general law of nations, the goods of a friend found in the vessel of an enemy are free, and the goods of an enemy found in the vessel of a friend are lawful prize.
Page 223 - States ship, shall be permitted to continue their voyage if on examination of their papers it shall appear that their cargoes were taken on board before the expiration of the above term: Provided, That nothing herein contained shall...
Page 287 - And it shall be further allowed to use in the service of the captors the whole or any part of the military stores so detained, paying the owners the full value of the same, to be ascertained by the current price at the place of its destination.
Page 328 - ... ships, vessels and goods, that are or shall be taken, and to hear and determine the same ; and, according to the course of Admiralty, and the law of nations...

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