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WHEATON'S ELEMENTS

OF

INTERNATIONAL LAW.

FIFTH ENGLISH EDITION,

REVISED THROUGHOUT.

NOTE.

Wheaton's Elements of International Law' was first published in 1836, in two editions, one appearing in Philadelphia and the other in London. The third edition was issued in 1846, in Philadelphia. In 1848, a French edition of the work was published at Leipsic and Paris; and in 1853 a second French edition was brought out at the same places. In 1857 an edition in English (called the sixth) was edited by W. B. Lawrence, and published in Boston; a second edition by the same editor appeared in 1863, also in Boston. The next issue, in 1864, was a translation into Chinese executed by order of the Chinese Government. The edition after that was the well-known one, edited by R. H. Dana, 1866, Boston. The first English edition proper was edited by A. C. Boyd and issued by the present publishers in 1878; the same editor prepared the second and the third edition, the latter in 1889. The fourth English edition, edited by J. B. Atlay, appeared in 1904.

OF

INTERNATIONAL LAW.

FIFTH ENGLISH EDITION,

REVISED THROUGHOUT, CONSIDERABLY ENLARGED

AND RE-WRITTEN

BY

COLEMAN PHILLIPSON, M.A., LL.D., LITT.D.,

OF THE INNER TEMPLE, BARRISTER-AT-LAW,

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Author of "Studies in International Law"; Effect of War on Contracts";
"The International Law and Custom of Ancient Greece and Rome";
"International Law and the Great War";

Part Author of "Great Jurists of the World";
Editor of Foote's "Private International Jurisprudence"; etc.

WITH AN INTRODUCTION

BY

THE RT. HON. SIR FREDERICK POLLOCK, BT., D.C.L., LL.D.,

Author of "Principles of Contract"; "The Law of Torts," etc.

LONDON:

STEVENS AND SONS, LIMITED,
119 & 120, CHANCERY LANE.

NEW YORK: BAKER, VOORHIS & CO.

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PREFACE

TO THE FIFTH ENGLISH EDITION.

THE present edition contains extensive additions, as well as a great number of modifications and corrections. The position of a good deal of the matter has been rearranged for the sake of systematic exposition and logical coherence. Several omissions have been made relating to subjects that have now lost their importance; whilst other questions are considered much more fully. Thus -to give but one or two instances among many-in the previous edition Wheaton's case (involving a discussion between the American and the Prussian Governments, in 1839, as to the exemption of public ministers from the local jurisdiction) occupied thirteen in the present pages; edition it has been reduced to half a page. Thirteen pages were also given to an account-practically a verbatim reprint --of diplomatic negotiations between the United States and the Prussian Government concerning the renewal of their treaty of 1785; now half a page is devoted to it. On the contrary, in the previous edition, International Arbitration occupied but three pages; in the present edition it has received thirteen pages. The previous edition contained little or nothing on many subjects, which are now (owing to the labours of the Second Hague Conference and the London Naval Conference) considered with comparative fulness. Moreover, the resulting Conventions have not been relegated

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