CHAPTER III. INTERNATIONAL LAW AND ITS JURISPRUDENCE. § 16. Origin of States. Natural and Political Nationality. Conditions for the Political Individuality of States as Persons of International Law. §17. Rights and Obligations of States. International Morality. § 18. The dealings of State towards State tested by the Moral Law of Nature. § 19. International Law. International Jurisprudence. Diplomacy. § 20. International Legislation supplied by International Jurisprudence. § 21. Present Condition and Definition of International Law. State Policy. Justice versus Power. § 22. The EthicoHistorical system of International Jurisprudence. The Philosophical or Idealistic School and the Historico-Pratical School combined in the Ethico-Historical Theory.................. CHAPTER IV. HISTORY OF INTERNATIONAL LAW. Pages. .... 54-76 § 23. Historical Sketch of the development of International Law..... 77-78 Part II. THE INDIVIDUAL RIGHTS OF STATES OF THESE RIGHTS. CHAPTER V. THE SOVEREIGNTY RIGHTS OF STATES. $24. Sovereignty and Autonomy. Government. Sovereign States. Right to Recognition. Union of Crowns (Unio Personalis). Neutral States. Protected Sovereignty. Colonial Protectorates. Tributary States. Difference between Protectorate and Tributary Obligations. §25. Union of Sovereign States. Perfect and Imperfect Union, Federal and Confederate Unions. Distinction between a Confederacy (Staatenbund) and a Federal Union (Bundesstaat). § 26. The different Rights of Soverign States, and their Classification as Fundamental or Absolute and Conditional or Occasional Rights. These Rights enumerated. § 27. Rights of Existence, from which devolve those of Self-preservation and Self-defence. Pages. § 28. Right of Independence. §29. Right of Equality. Right of Respect and Reputation. Mutual understanding with regard to the Right of Respect. Comity between individual States. International Comity. CHAPTER VI. RIGHT OF PROPERTY AND TERRITORIAL RIGHTS. .... 81-95 §30. Private and Public State Property. Eminent Domain. Territorial Rights. Alienation of Territorial Rights. $31. Legal Modes of Acquisition of Territorial Rights by a State. §32. Right of Occupation. Usucapion and Prescription; Acquisition by Prescription. §33. The Faitaccompli...... CHAPTER VII. COLONIAL POSSESSIONS. § 34. Origin of Colonization. § 35. Principles of Modern Colonial Policy. Acquisition of Trans-Oceanic Possessions. War with Savages. Punishment of same. § 36. Responsibilities and Rights of Colonial Powers, CHAPTER VIII. RIGHT OF LEGISLATION AND JURISDICTION. 96-102 ....103-109. § 37. General Principles of the Legislation and Jurisdiction of a state. Public Law. Law of Persons. Private Law. Civil Law. Political Law (Staatsrecht). Public Law includes Public International Law. Civil Law includes Private International Law. §38. Legislation and Jurisdiction of a State with regard to its external relations. External relations of the Public Law of a State. International conflict of Laws....110-116 CHAPTER IX. JURISDICTION OF PERSONS. DETERMINATION OF NATIONALITY. § 39. Determination of Nationality. Natural or Tribal Nationality and Political Nationality. § 40. Nationality of Domicile. Domiciliation and its effects. § 41. Obligations of a State with regard to Foreigners temporarily domiciled in it, or passing through its territories. The Foreigners' Right. §42. Naturalization and Expatriation. § 43. Emigration. 44. Droit d'Asile and Extradition. Military and Naval Deserters. Simple and Qualified Desertion. Rules regarding the Re-integration of Seamen, deserting their vessels in the territorial waters of a Foreign State. § 45. Modifications of the Sover eignty Right of Jurisdiction. § 46. Exterritoriality. § 47. Pages. Self-jurisdiction. §48. Abandoned Jurisdiction. §49. Concurrent Jurisdiction. CHAPTER X. PRIVATE INTERNATIONAL LAW. I.-General Observations. .....117-141 § 50. International Usages with regard to conflict of Laws. Definition of Private International Law. Difference between Private International Law and Comity. Locus regit actum. Sources of Private International Law. Subject-matter of Private International Law treated in this Chapter. Works on Private International Law. II. Personal Status. .......142-150 $51. Personal Status (Statuta Personalia). Personal Status of Corporations. Personal Status of the Alien. Personal Status of the Foreigner in the time of Grotius. Personal Status of Domiciled Foreigners under the present state of International Law. Litigation between temporary residents. Suits with regard to properties outside the State. Personal Status of domiciled Foreigners in the United States of America.... III. The Lex Fori. ....150-158 $52. Competency of Foreign Law Courts (the lex fori). Ordinatoria and Decisoria Forms. International Treaties belonging to the lex fori. ....... IV.-Marriage and Divorce. .......158-160 § 53. Marriages and Divorces follow the rule lex loci regit actum. Nuptial Contracts. Foreign Divorces. Husband and Wife. Parent and Child. Guardian and Ward. ...160-169 sitæ. V.-Real and Movable Property. § 54. Real Property. Personal Property. Lex loci rei Lex Domicilii. Instruments relating to personal property are governed by the lex domicilii. Litigation with regard to properties (real or personal) situated in foreign countries....170-171 VI.-Legal Obligations and Contracts. § 55. Legal Obligations. The Law of Contracts. Exceptions on the rule lex loci contractus. VII.-Limitation and Prescription. Legal Remedies. § 56. Limitation and Prescription. Legal Remedies.....177–180 VIII. Wills and Succession. $57. Wills. Intestacy. Succession, testamentary and Pages. ab-intestato. American Laws. IX.-The Lex Mercatoria. ...180-185 $58. Commercial Laws. Lex Mercatoria (the law merchant). Traders and acts of Commerce. Objects of the lex mercatoria. Partnership and Corporations. American Laws on Public Companies. Professor von Bar's opinion on the status of foreign Corporations. Mr. Gillespie's note on Corporations. Justice Lindley's opinion. Principles of the German Courts. Convention between the Netherlands and Italy with regard to mutual recognition of Sociétés Anonymes. Merchant's Books. Merchant's Books, as evidence in Law Courts. Laws governing the status and legal capacity and competency of Traders. Legal interest..... X.-Bills of Exchange. $59. Nature of the Contract of Exchange. Legal aspects of the Bill of Exchange. Re-exchange. Conflict of Laws with regard to the contract of Exchange. The German and the French systems. Laws of Great Britain and of the United States of America. The lex loci contractus and the lex loci solutionis with regard to Bills of Exchange. Protest of Bills. Moratorium with regard to Bills of Exchange. Rules with regard to Protest and Re-exchange. Opinion of Professor von Bar. XI-Stoppage in Transitu. ...202-217 Sir Robert $60. Revendication in matter of Commerce. Phillimore's statements on Stoppage in transitu, English decisions. What law governs the right of stoppage in transitu. German decision. Stoppage in transitu by the buyer..........217-224 · XII.-Insurance. $61. General Principles. Subjects of Insurance. General Rules. Contract of Insurance. The Policy. Beginning, duration and end of the risk.......... ....224-231 § 62. Marine Insurance, the Policy. Insurance on the Ship. On Goods. On Ship and Goods. Insurance of Bottomry and Respondentia. Valuation of Goods including the Insurance premium, Freight and Customs Duties. Insurance of expected profits and commissions. Valuation of expected profits. Insurance of Freight...... ..231-249 XIII-Average. $63. General Principles. General Average. Voluntary Pages. Stranding. Particular Average Loss. Average with regard to Goods in lighters. Average for which the Master is liable. Average Accustomed. (Petty Averages). Arnould's principle of Average. Total loss on goods. Goods warranted free of Average. Adjustment of Damages. Rules for deducting one third new for old, except in the case of iron ships. Cases where repairs exceed three-fourths of the value, or other portion as stated by the lex loci contractus. Aggregation of losses. ........249-263 $64. Assessment and Apportionment of Gross or General Average. Place of adjustment of General Average. Jettison. Valuation of Jettison. Deck Cargo. Ship after Jettison. Assessment on Goods lost by the fault of the Shipper. Goods rescued after Jettison. General Average according to English Law. The place of destination is the place at which the Average is to be adjusted and conformable to the laws of that place. Sir Robert Phillimore's statements. ........264-272 .... § 65. Reasons of Abandonment. Abandonment of ship. Of Goods. Total loss; constructive total loss. Opinion of Arnould with regard to constructive total loss.. XV.-Shipping Laws. .....272-277 § 66. Sea-going vessels. Registration and transfer of sea-going Vessels. Privileged debts. ..... ..... ............278-282 $67. Owners, Managers and Joint-owners. The manager or Ship's Husband. Claims of a discharged Master on the Ship's Husband. XVI.-Shipmasters, Officers and Crew. $68. The Masters. Provisional receipt for shipped goods. Ship's papers. Report to Manager. Responsibility of the Pilot. Unsafe Ports. Master's duty in case the flag be unfree. Master's duty in cases of Seizure of the vessel. In case of Average; Jettison. In case of Blockaded Ports. In case of want of provisions at sea. Liability of the Master when acting without instructions from owners. Report from Port of shelter. Report of Voyage before the Consul or other competent authority. Sea-protest. Master's Account. Settlement of Master's claims. 282-286 .......286-296 $69. Extra Repairs and necessaries during the voyage, supplied on the authority of the master. ..... ...296-297 |