International Law: A Treatise, Volume 1 |
Contents
How far Aliens can be treated according to Discretion | 496 |
Departure from the Foreign Country | 497 |
Expulsion of Aliens 323 Competence to expel Aliens | 498 |
Just Causes of Expulsion of Aliens | 499 |
Expulsion how effected | 501 |
Extradition | 502 |
Extradition no Legal Duty | 503 |
Municipal Extradition Laws | 506 |
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| 85 | |
| 98 | |
| 100 | |
| 103 | |
| 104 | |
| 105 | |
| 107 | |
| 109 | |
The Science of the Law of Nations in the Nineteenth and Twentieth Centuries as represented by Treatises | 114 |
Collections of Treaties | 118 |
Bibliographies | 120 |
PART I | 123 |
CHAPTER I | 125 |
Conception of the State | 126 |
Notfull Sovereign States | 127 |
Divisibility of Sovereignty contested | 129 |
Meaning of Sovereignty in the Eighteenth Century | 131 |
Result of the Controversy regarding Sovereignty | 133 |
Recognition of States as International Persons 71 Recognition a Condition of Membership of the Family of Nations | 134 |
Mode of Recognition | 135 |
Recognition under Conditions | 136 |
Recognition timely and precipitate | 137 |
State Recognition in contradistinction to other Recognitions | 139 |
Changes in the Condition of International Persons 76 Important in contradistinction to Indifferent Changes | 140 |
Changes not affecting States as International Persons | 141 |
Changes affecting States as International Persons | 142 |
Extinction of International Persons | 143 |
Vassal States | 161 |
ВЕСТ PAGE | 164 |
17 | 166 |
Selfgoverning Dominions | 169 |
Conception of Neutralised States | 175 |
SECT PAGE | 188 |
International Personality a Body of Qualities | 194 |
Rank of States | 200 |
Independence and Territorial and Personal Supremacy | 206 |
Restrictions upon Personal Supremacy | 213 |
Intervention SECT PAGE 134 Conception and Character of Intervention | 221 |
Intervention by Right | 226 |
Admissibility of Intervention in default of Right | 227 |
Intervention in the Interest of Humanity | 229 |
The Monroe Doctrine | 231 |
Merits of the Monroe Doctrine | 233 |
Intercourse 141 Intercourse a Presupposition of International Personality | 235 |
Consequences of Intercourse as a Presupposition of International Personality | 236 |
Jurisdiction 143 Jurisdiction important for the Position of the States within the Family of Nations | 237 |
Restrictions upon Territorial Jurisdiction | 238 |
Jurisdiction on the Open Sea | 239 |
CHAPTER III | 242 |
Original and Vicarious State Responsibility | 244 |
Essential Difference between Original and Vicarious Responsi bility | 245 |
Subjects of International Delinquencies | 246 |
State Organs able to commit International Delinquencies | 247 |
No International Delinquency without Malice or Culpable Negligence | 248 |
Objects of International Delinquencies | 250 |
State Responsibility for Acts of State Organs 157 Responsibility varies with Organs concerned | 251 |
Internationally Injurious Acts of Members of Government | 252 |
Internationally Injurious Attitudes of Parliaments | 253 |
Internationally Injurious Acts of Administrative Officials and Military and Naval Forces | 255 |
Vicarious Responsibility for Acts of Private Persons relative | 259 |
The Membership of the League | 266 |
167e The Assembly | 272 |
167h Various other Organs of the League | 278 |
Reduction of Armaments | 284 |
Defects and Merits of the Constitution of the League | 291 |
568d The Resettlement after the World | 293 |
CHAPTER I | 305 |
SECT PAGE | 311 |
178a Utilisation of the Flow of Rivers | 321 |
The Occupation of Juarez 1919 219 | 327 |
183a The Kiel Canal | 329 |
Navigation within the Belt | 337 |
717 | 342 |
Nonterritorial Gulfs and Bays | 346 |
The Air and Aerial Navigation | 352 |
Boundaries of State Territory SECT PAGE 198 Natural and Artificial Boundaries | 360 |
Boundary Waters | 361 |
Boundary Mountains | 362 |
Natural Boundaries sensu politico | 363 |
State Servitudes 203 Conception of State Servitudes | 364 |
Subjects of State Servitudes | 366 |
Object of State Servitudes | 367 |
Different Kinds of State Servitudes | 369 |
Modes of acquiring State Territory 209 Who can acquire State Territory? | 372 |
Former Doctrine concerning Acquisition of Territory | 374 |
Original and Derivative Modes of Acquisition | 375 |
Cession 213 Conception of Cession of State Territory | 376 |
Object of Cession | 377 |
Form of Cession | 378 |
Veto of Third Powers | 380 |
Plebiscite and Option | 381 |
Occupation 220 Conception of Occupation | 383 |
Occupation how effected | 384 |
Inchoate Title of Discovery | 385 |
Notification of Occupation to other Powers | 386 |
Protectorate as Precursor of Occupation | 388 |
Spheres of Influence | 389 |
Accretion 229 Conception of Accretion | 390 |
Different Kinds of Accretion | 391 |
Alluvions | 392 |
Subjugation SECT PAGE 236 Conception of Conquest and of Subjugation | 394 |
Subjugation in contradistinction to Occupation | 395 |
Justification of Subjugation as a Mode of Acquisition | 396 |
Consequences of Subjugation | 397 |
Veto of Third Powers | 399 |
Prescription 242 Conception of Prescription | 400 |
Prescription how effected | 401 |
Loss of State Territory 244 Six Modes of losing State Territory | 403 |
Operation of Nature | 404 |
Dereliction | 405 |
CHAPTER II | 407 |
Practical Expression of Claims to Maritime Sovereignty | 409 |
Grotius Attack on Maritime Sovereignty | 410 |
Gradual Recognition of the Freedom of the Open Sea | 412 |
Conception of the Open Sea 252 Discrimination between Open Sea and Territorial Waters | 413 |
Clear Instances of Parts of the Open Sea | 414 |
The Freedom of the Open Sea 254 Meaning of the Term Freedom of the Open Sea | 415 |
Legal Provisions for the Open Sea | 416 |
Freedom of the Open Sea and War | 417 |
Navigation and Ceremonials on the Open Sea | 418 |
Rationale for the Freedom of the Open Sea | 420 |
Jurisdiction on the Open Sea 260 Jurisdiction on the Open Sea mainly connected with Flag | 421 |
Claim of Vessels to sail under a certain Flag | 422 |
Ship Papers | 423 |
Names of Vessels | 424 |
Safety of Traffic on the Open Sea | 425 |
Powers of MenofWar over Merchantmen of all Nations | 428 |
How Verification of Flag is effected | 430 |
How Search is effected | 431 |
Pirata non mutat dominium | 439 |
Fisheries around the Faroe Islands and Iceland | 446 |
568f The Treaty of Peace with Austria | 451 |
CHAPTER III | 456 |
Nationality | 463 |
Five Modes of Acquisition of Nationality | 468 |
Acquisition of Nationality through Naturalisation | 469 |
Acquisition of Nationality through Redintegration | 471 |
Five Modes of losing Nationality | 472 |
Naturalisation in especial | 473 |
Conception and Importance of Naturalisation | 474 |
Object of Naturalisation | 475 |
Effect of Naturalisation upon Previous Citizenship | 476 |
Naturalisation in Great Britain | 480 |
Double and Absent Nationality 308 Possibility of Double and Absent Nationality | 481 |
Nationality | 485 |
Reception of Aliens and Right of Asylum 314 No Obligation to admit Aliens | 488 |
Reception of Aliens under Conditions | 489 |
Socalled Right of Asylum | 490 |
Position of Aliens after Reception 317 Aliens subjected to Territorial Supremacy | 491 |
Aliens in Eastern Countries | 493 |
Aliens under the Protection of their Home State | 494 |
Protection to be afforded to the Persons and Property of Aliens | 495 |
Extraditable Crimes | 508 |
Effectuation and Condition of Extradition | 509 |
Principle of nonExtradition of Political Criminals | 511 |
SECT PAGE 333 How nonExtradition of Political Criminals became the Rule | 512 |
Difficulty concerning the Conception of Political Crime | 515 |
The socalled Belgian Attentat Clause | 516 |
The Russian Project of 1881 | 517 |
Rationale for the Principle of nonExtradition of Political Criminals | 518 |
How to avoid Misapplication of the Principle of nonExtradition of Political Criminals | 521 |
Reactionary Extradition Treaties | 523 |
PART III | 525 |
CHAPTER I | 527 |
Competence of Heads of States | 529 |
Honours and Privileges of Heads of States | 530 |
Sovereignty of Monarchs | 531 |
The Retinue of Monarchs Abroad | 533 |
Monarchs travelling Incognito | 534 |
Monarchs in the Service or Subjects of Foreign Powers | 535 |
The Institution of Legation | 539 |
Kinds and Classes of Diplomatic Envoys | 545 |
Combined Legations | 551 |
Observation | 557 |
Exterritoriality of Diplomatic Envoys SECT PAGE 389 Reason and Fictional Character of Exterritoriality | 563 |
Immunity of Domicile | 564 |
Exemption from Criminal Jurisdiction | 568 |
Exemption from Subpoena as Witnesses | 569 |
Exemption from Police | 570 |
Exemption from Taxes and the like | 571 |
Selfjurisdiction | 572 |
Position of Diplomatic Envoys as regards Third States 397 Possible Cases | 573 |
Limitation of Inviolability | 574 |
Envoy found by Belligerent on Occupied Enemy Territory | 576 |
Envoy interfering with Affairs of a Third State | 577 |
Privileges of Members of Legation | 578 |
Privileges of Private Servants | 579 |
Privileges of Family of Envoy | 580 |
Termination of Diplomatic Mission 406 Termination in contradistinction to Suspension | 581 |
Accomplishment of Object of Mission | 582 |
Promotion to a Higher Class | 584 |
Constitutional Changes | 585 |
Extinction of sending or receiving State | 586 |
CHAPTER III | 588 |
General Character of Consuls | 590 |
Consular Organisation 420 Different Kinds of Consuls | 591 |
Consular Districts | 592 |
Qualification of Candidates | 594 |
Consular Privileges | 601 |
CHAPTER IV | 607 |
Occasions for Menofwar Abroad | 613 |
Agents lacking Diplomatic or Consular Character | 616 |
Public Political Agents | 617 |
Spies | 618 |
Commissaries | 619 |
Bearers of Despatches | 620 |
Commissions in the Interest of Navigation | 621 |
Commissions in the Interest of Sanitation | 623 |
Commissions in the Interest of Foreign Creditors | 624 |
International Offices 463 Character of International Offices | 625 |
International Telegraph Office | 626 |
467a The PanAmerican Union | 627 |
471a Agricultural Institute | 628 |
471e Central Liquor Office | 629 |
The Permanent Council | 630 |
The Court of Arbitration | 631 |
The Proposed International Prize Court and the Proposed International Court of Justice 476a The Proposed International Prize Court | 634 |
PART IV | 639 |
CHAPTER I | 641 |
Purpose of Negotiation | 643 |
End and Effect of Negotiation | 644 |
Conception of Congresses and Conferences | 645 |
Parties to Congresses and Conferences | 646 |
Procedure at Congresses and Conferences | 647 |
Transactions besides Negotiation 486 Different Kinds of Transaction | 648 |
Declaration | 649 |
Protest | 650 |
Renunciation | 651 |
CHAPTER II | 652 |
Different Kinds of Treaties | 654 |
Parties to Treaties 494 The Treatymaking Power | 656 |
Treatymaking Power exercised by Heads of States or their Governments | 657 |
Minor Functionaries exercising Treatymaking Power | 658 |
Objects in general of Treaties | 661 |
Obligations of Contracting Parties only can be Object | 662 |
Illegal Obligations | 663 |
Acts Conventions Declarations etc | 665 |
Parts of Treaties | 666 |
Ratification of Treaties 510 Conception and Function of Ratification | 667 |
Rationale for the Institution of Ratification | 668 |
Ratification regularly but not absolutely necessary | 669 |
Length of Time for Ratification | 670 |
Refusal of Ratification | 671 |
Form of Ratification | 672 |
Ratification by whom effected | 673 |
Ratification cannot be Partial and Conditional | 674 |
Effect of Ratification | 676 |
Effect of Treaties upon Contracting Parties | 677 |
Effect of Changes in Government upon Treaties | 678 |
Means of Securing Performance of Treaties 523 What Means have been in Use | 681 |
Hostages | 682 |
Guarantee | 683 |
Good Offices and Mediation | 684 |
Adhesion | 685 |
Expiration and Dissolution of Treaties 534 Expiration and Dissolution in contradistinction to Fulfilment | 686 |
Mutual Consent of the Contracting Parties 659 | 687 |
Voidance of Treaties SECT PAGE 540 Grounds of Voidance | 694 |
Realisation of Purpose of Treaty other than by Fulfilment | 695 |
Subsequent Change of Status of One of the Contracting Parties | 697 |
War | 698 |
Reconfirmation | 699 |
Interpretation of Treaties 553 Authentic Interpretation and the Compromise Clause | 700 |
Rules of Interpretation which recommend themselves | 701 |
CHAPTER III | 705 |
Final Act of the Vienna Congress | 706 |
Geneva Convention | 707 |
Declaration of St Petersburg | 708 |
Treaty of Constantinople of 1888 | 709 |
General Act of the Brussels AntiSlavery Conference and the Conventions of St Germain | 710 |
Two Declarations of the First Hague Peace Conference | 711 |
Treaty of Washington of 1901 | 712 |
The International Air Convention | 715 |
568g The Treaty of Peace with Bulgaria | 727 |
Alliances | 733 |
19141918 | 734 |
Conception and Objects of Guarantee Treaties | 740 |
Transport and Communication | 755 |
Newborn Islands 393 | 773 |
Consuls subordinate to Diplomatic Envoys 593 | 777 |
Withdrawal by Notice 687 | 779 |
Welfare of Working Classes | 789 |
Presidents not Sovereigns 535 | 792 |
Pharmacopoeia | 797 |
Vital Change of Circumstances 688 | 798 |
VOL I | i |
Sources of the Law of Nations | iii |
Source in contradistinction to Cause | 15 |
19181920 | 51 |
The former Congo Free State | 97 |
NonChristian States | 183 |
133c The German Invasion of Luxemburg and Belgium 1914 220 | 220 |
171 | 242 |
No essential difference between Christian and other States | 254 |
and Japan | 266 |
Function of Nationality | 294 |
The former Papal States | 341 |
106a Position of the Holy See and the Pope when Italy is at | 389 |
Shipwreck and Distress on the Open Sea 432 | 432 |
773 | 503 |
Position of Presidents in general 536 | 536 |
Position of the Secretary for Foreign Affairs 537 | 537 |
Humanity and Public Morality | 592 |
| 645 | |
| 660 | |
| 661 | |
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Common terms and phrases
according acts aliens alliance Allied and Associated American arbitration Article Associated Powers Austria Austria-Hungary Belgium belligerent boundary Britain British Bulgaria century cession civilised codification concerning concluded Congress consular consuls Convention Council Court Covenant criminals declaration Declaration of London diplomatic envoys Droit international enemy exercise existence exterritoriality extradition fact Family of Nations fisheries flag foreign France French Germany Government granted Grotius Hague Hague Peace Conference Holland Holtzendorff importance independence individuals intercourse International Law International Person intervention Italy jurisdiction land Law of Nations League of Nations legation maritime belt maritime flag Martens matters member-States men-of-war ment monarchs Municipal Law national Law naturalisation navigation neutral neutralised Office open sea Paris parties Peace Conference political position purpose ratification recognised regard rivers rules of International Russia ship signed so-called sovereign sovereignty Spain stipulated subjects territorial supremacy tion Treaty of Peace Turkey Union United vessels violation Völkerrechts vols Westlake
Popular passages
Page 52 - And many people shall go and say, " Come ye, and let us go up to the mountain of the Lord, to the house of the God of Jacob ; and he will teach us of his ways, and we will walk in his paths : " for out of Zion shall go forth the law, and the word of the Lord from Jerusalem.
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