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

Sampul Depan
University Press, 1863

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Reprisals
20
Embargo
21
Marque and Contremarque
23
The Admiralty Jurisdiction
25
Reprisals consistent with Peace
27
Sect Page 163 Exceptions in transactions of good Faith originating in time of Peace 323
28
Negative and Positive Reprisals
29
Special and General Reprisals
30
Reprisals against the Two Sicilies in 1839
33
Reprisals not always lawful
35
Reprisals against PersonsThe Duc de Belleislem The Envoys of the Confederate States of America
37
Congress of Paris of 1856
40
CHAPTER II
43
munitiesView of Grotius as to Private Warfare
45
Albericus Gentilis
47
War a necessary alternative
49
Lord Bacons view of War
51
Private Peace inconsistent with Public War
52
Lawful recourse to War
54
Offensive and Defensive War
56
Formal Declaration of WarLaw of Germanic Em pire in twelfth centuryLaw of Europe in four teenth century
57
Declaration and Proclamation of War by Heraldsat ArmsLast Declaration of War by a Heraldat Arms in 1657
60
Printed Declarations of WarManifestoes of War to Neutral Nations
62
Recall of Resident Envoys
64
Disuse of Formal Declarations of War
65
Object of Proclamations of War at home
68
Object of Manifestoes to Neutral Powers
69
Opinion of M de Hautefeuille and of Burlamaqui Practice of the United States of America
71
The Status ante bellum ambiguous
73
Unilateral Declaration of War sanctions reciprocal hostilities
75
Recall or Dismissal of Resident EnvoysIgnorance of hostilities on the part of Neutrals
76
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
88
Obligation of good Faith
89
Ancient Practice of Provisional Embargo
91
Enemysubjects resident in the Territory of a Belligerent
93
Enemysubjects in transitu Detention 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
Usage of Europe in the sixteenth centuryAlbe
125
State Papers and Public Archives
128
Property waterborne in an Enemys ports
134
the sixteenth century 243
138
Object of WarEnemys property on the High Seas
140
Distinction of Ship from CargoFrench Règlement
147
Sect Page
149
Sect Page
152
Four systems of Maritime LawThe Natural system
158
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
Fact of a Blockade must accord with the Notification
204
Practice of the French Prize Courts
206
Practice of the United States Prize Courts
208
Violation of a Blockade
209
Equity of British Prize Courts
211
II1 Favourable construction of Licenses
213
Breach of Blockade by Egress
214
Egress lawful in certain cases
216
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
of Contraband of War
235
Practice of the seventeenth century
248
Treaty of Whitehall in 1661Treaties of Breda
255
Treaty of Utrecht of 1713
261
Bynkershoeks view
267
General doctrine of British Prize Tribunals
275
Right of PreemptionTreaty of Westminster
281
Belligerents may not interfere with Trade within
294
The Character of Property is not always identical
305
Distinction between Enemies de facto and Enemies
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
Enemies have no locus standi in a Prize Court
330
What is essential to constitute a Capture
331
Form of proceeding in Great Britain to constitute Prize Courts
333
Jurisdiction of Courts to distribute Prize
335
Absolute Control of the Crown over all Captures
339
Recapture subject to the jus postliminii
340
Rule of TwentyFour hours Possession
342
Salvage on RecapturePractice of Great Britain and of the United States of America
344
Practice of France Spain Denmark Sweden and Holland
345
Insurable interest of British Captors
347
Ancient Practice as to Prisoners of War
349
Modern Cartels for the exchange of Prisoners
352
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
ON PRIVATEERS
373
Declaration of the Congress of Paris of 1856
422
CHAPTER XII
425
Views of Wolff and Vattel
428
Exceptional Status of the Merchant on the High Seas
435
The Passage of Belligerents through Neutral Ter
442
Right of a Neutral Power to exelude Privateers
450
ON THE RIGHTS AND DUTIES OF NEUTRAL POWERS
459
Sale of Ships of War by a Neutral Power
466
231 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
Belligerent Right of Capture reconcilable with

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Halaman 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.
Halaman 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.
Halaman 195 - And whereas it frequently happens that vessels sail for a port or place belonging to an enemy without knowing that the same is...
Halaman 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...
Halaman 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.
Halaman 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...
Halaman 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.
Halaman 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...
Halaman 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.
Halaman 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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