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to the general management of the State, of the interests of its subjects or citizens (Staats-angehörigen) and of its internal and external affairs. Public Law includes, accordingly, POLITICAL LAW (Staatsrecht), PENAL LAW (Criminal Recht) which covers also Police Legislation, COMMERCIAL and MARITIME LAW and PUBLIC INTERNATIONAL LAW.

(Staatsrecht).

The Political Law of a State comprehends Political Law those legislative acts which establish fundamental rules with regard to the criteria of what constitutes its Political Nationality (jus civitatis), and with regard to emigration, domiciliation in foreign countries and expatriation of its subjects; with regard to the admittance of foreigners to unmolested passage or peaceable residence, their Right of Asylum and Domicile, their prohibition, extradition or expulsion, also with regard to questions of exteritoriality, and the conditions. required for the naturalization of aliens.

(Jus Persona

The Law of Persons (jus personarum) estab- Law of Persons. lishes the legal status of the individual, with rum. regard to his personal conditions, his age, profession, parentage and affinity, including the rules of registration of birth, death, marriage and divorce, the formalities appertaining thereto and the relative legal consequences and obligations. The Law of Persons establishes further with regard to every individual, his capacity to possess and to acquire rights and things, movable and immovable, which are termed personal and real property. The Law of Persons includes finally the rights relating to succession and to the capacity of making a will, and the relation in which the individual stands to Private Law, that is to say, his capability of performing legal acts and transactions in connection with the obligations which correspond to things and to rights.

Private Law
(Res, Jura, Obli-
gationes).

Civil Law
(Jus Civile).

Legislation and

Jurisdiction of a

to its external relations.

. VIII

Political Law regulates the relation in which the individual stands to the State, while the Law of Persons governs his natural status and the mutual relation of individuals in and outside of family-life.

Private Law is the term by which are comprehended the principles on which are regulated the private interests of individuals with relation to things and to rights, and the obligations which correspond to them, (res, jura, obligationes), embracing the Law of Contracts, the rights and liabilities ex-contractu, and the legislation which regulates rights and claims to things movable or immovable, the transaction originating therefrom and the means whereby rights in general may be judicially vindicated and executed or realized.

The Law of Persons and the Private Law constitute what is called Civil Law (jus civile), with the legislation, jurisprudence and jurisdiction appertaining thereto; thus including PRIVATE INTERNATIONAL LAW.

Political Right (jus civitatis) is the capacity acquired by Political Nationality and in some instances also by Domiciliation (§ 40), viz.: the right to take a part in the Government and the Legislation of a state. But with regard to Civil Right (jus civile), there is rarely any distinction made between aliens and subjects or citizens.

§ 38. The internal policy of a State is closely State with regard connected with its external success as a Nation, and, as the basis of this policy is the entire range of its legislation, it is obvious, that, in the present state of civilization and progress, the internal legislation of States exercises a growing influence on their mutual intercourse. This influence may well be borne in mind by the Legislative Author

VIII

ities of every civilized State, when making laws for the regulation of the interests of their subjects, in order to frame those laws which come into direct contact with the legislation and usages of other Nations, on that liberal and broad ground, where all can meet for purposes of mutual and general welfare. To this end the study of International Law, in all its branches, is necessary for those who are called to participate in the legislation of a State or to administer its laws, but, more particularly is this study indispensable with regard to Private International Law.

tions of the Public

The branches of legislation belonging to the External RelaPublic Law of a State, which have influence on Law of a State. its external relations, are:

1st. Laws connected with Sovereignty Rights, as noted before, viz.: Nationality Laws, etc. 2nd. Laws regarding postal and telegraphic

concerns.

3rd. Commercial Laws (lex mercatoria, §§ 58-65 and 79-84).

4th. Law regulating the monetary system, weights and measures.

5th. The Fiscal Laws.

6th. The Shipping Laws (§§ 66-78), i.e., Laws regarding the Nationality of ships and ships-papers, regarding collisions or fouling, salvage, shipwreck, stranding and flatson, pilotage and quarantine.

7th. Laws regarding prizes and prize-courts.

As to Civil Law, the branches of its legislation which come more directly into contact with the laws of other States, and as such overlap the domain of International Law, are those concerning the personal status of individuals, laws regarding marriage and divorce, laws regarding wills, obligations, contracts and compromise.

.

38

The questions connected with Commercial and Shipping Legislation, which covers the principal ground of international intercourse, are treated in PART III, containing Maritime and Commercial International Law, while the conflicts of these laws of one State, with those of an other State, in their mutual commerce and intercourse, are subjects of Private International Law, treated in Chapter X.

With reference to Penal Law, the legislative and judicial powers of a State extend over offences committed by any individual within its territories, whether native or alien, with the exceptions hereafter to be mentioned (§§ 45-49).

In some particular instances those powers extend also beyond the territories of the State, viz.:

1st. In the case of offences, as specified and prohibited under penalty by Public Law, committed against the integrity, internal or external safety of the State and its public institutions of commercial, domestic and foreign credit and its financial establishments as guaranteed by Law, wheresoever and by whomsoever such offences be committed, whenever the offender is found within the jurisdiction of the State or his extradition is obtained.

2nd. In the case of all offences against the Laws of Trade and Navigation of a State, committed anywhere by its own subjects or citizens.

3rd. In the case of all offences, committed anywhere, by a subject against a fellow citizen, when both, having their domicile within the Native State, are temporarily abroad.

4th. In cases, independent of the question of domicile, when murder or other grave offences or crimes, subject to infamous punishment, are committed, anywhere, by a subject against fellow citizens or foreigners, or by an alien against sub

jects; whenever the culprit is found within the territory or his extradition is obtained; provided judgment have not already been passed and sentence delivered in the case by the competent lawcourt of the foreign State, within whose territory the offence in question has been committed.

The offences, stated above, for which a subject is punishable in his native State, though having been committed beyond its territory, are the same for which extradition is generally asked by a foreign State; thus any State, rendering punishable this class of offences, committed abroad by its subjects, can fairly refuse, on this principle, all demands for the extradition of its own subjects (Comp. § 44).

5th. In the case of offences committed on board of the Public Vessels (vessels of war) of a State, in any parts of the world,—on the high sea as well as within the territory of other States, and without regard as to the person by whom such offences be committed.

6th. In the case of offences committed on board of the Private Vessels (merchant-ships) of a State, when on the high sea and, in some cases of internal ship's dicipline, also in foreign ports, and, when such is stipulated by treaty, for minor offences between the crews in those ports.

7th. Cases of Piracy and those acts which are declared to be piracy by the Public Law of the State.

Piracy under the Law of Nations (jure gentium) are acts over which all States have equal right of jurisdiction, to try and punish, without regard to the question by whom or where such offences be committed, as this class of offenders against the Law of Nations do not possess any Political Nationality (Chapt. XIII).

8th. Action taken for the suppression of the Slave-trade.

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