International Law; a Treatise, Volumen1

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No Need for a Law of Nations during the Middle Ages
61
Development of the Law of Nations after Grotius
67
The period 18741899
78
Development of the Law of Nations during and since the World
87
PART IV
92
The Science of the Law of Nations
103
SECT PAGE 52 Forerunners of Grotius
104
Grotius
105
Zouche
108
The Naturalists
109
The Positivists
110
The Grotians
112
Treatises of the Nineteenth and Twentieth Centuries
114
The Science of the Law of Nations in the Nineteenth and Twentieth Centuries as represented by Treatises
119
Collections of Treaties
123
Bibliographies
126
Periodicals
127
Selfpreservation an Excuse for Violations
129
What Acts of Selfpreservation are Excused
130
PART I
131
CHAPTER I
133
Conception of the State
135
Divisibility of Sovereignty contested
137
Meaning of Sovereignty in the Sixteenth and Seventeenth Cen turies
138
Meaning of Sovereignty in the Eighteenth Century
139
Meaning of Sovereignty in the Nineteenth Century
140
Result of the Controversy regarding Sovereignty
142
Recognition a Condition of Membership of the Family of Nations
143
Modes of Recognition
145
Recognition under Conditions
147
Recognition timely and precipitate
148
74a Retroactive Effect of Recognition
149
Recognition of new Heads and Governments of old States
150
75a When coming into Power normally and constitutionally
151
When coming into Power abnormally and in a Revolutionary Manner
152
75c Recognition of Heads and Governments of Nascent States
153
75d Consequences of Recognition of new Heads and Governments
154
75e Withdrawal of Recognition of Heads and Governments
156
Important in contradistinction to Indifferent Changes
159
How far Succession actually takes place
165
Succession in consequence of Dismemberment
171
Confederated States Staatenbund
178
International Position of Vassal States
184
93a Egypt
191
Mandated Areas
201
94e National Status of the Inhabitants
210
Neutralised States
216
Luxemburg
223
19141918
224
SECT PAGE
225
87
231
Other Characteristics of the Position of the States within
237
19181920
244
Consequences of Independence and Territorial and Personal
250
Case of the Danish Fleet 1807
258
Case of Amelia Island 1817
259
Case of The Caroline 1837
260
133c The German Invasion of Luxemburg and Belgium 1914
261
Conception and Character of Intervention 135 Intervention by Right
267
Admissibility of Intervention in default of Right 137 Intervention in the Interest of Humanity
270
Intervention de facto a Matter of Policy
271
The Monroe Doctrine
272
Merits of the Monroe Doctrine 262 264 268 270
273
272
275
Intercourse 141 Intercourse a Presupposition of International Personality 142 Consequences of Intercourse as a Presupposition of Inter national Perso...
277
Jurisdiction 143 Jurisdiction important for the Position of the States within the Family of Nations
279
Jurisdiction on the Open Sea 280
280
281
281
Criminal Jurisdiction over Foreigners in Foreign States 147a The Lotus case
283
RESPONSIBILITY OF STATES I On State Responsibility in general
286
Nature of State Responsibility 149 Original and Vicarious State Responsibility
289
State Responsibility for International Delinquencies
290
Five Modes of Acquisition of Nationality
297
Conception of International Delinquencies 152 Subjects of International Delinquencies
300
State Responsibility for Acts of Private Persons
307
167a How the League arose
313
167c Essential Character of the League
319
167f The Council
328
167h Other Organisations connected with the League
335
SECT PAGE
342
Defects of the Constitution of the League
348
CHAPTER I
359
The Different Parts of State Territory
366
Navigation on National Boundary and notNational Rivers
372
Adhesion
378
178a Utilisation of the Flow of Rivers
381
Seven Lessons of the History of the Law of Nations
393
Jurisdiction within the Belt
399
288
406
Straits
412
197a Theories as to the Air Space
418
197e Customary International Law
424
State Servitudes
429
SECT PAGE 203 Conception of State Servitudes
430
Subjects of State Servitudes
431
Object of State Servitudes
432
Different Kinds of State Servitudes
434
Validity of State Servitudes
435
289
436
Who can acquire State Territory?
437
Former Doctrine concerning Acquisition of Territory
438
What Modes of Acquisition of Territory there are
439
Original and Derivative Modes of Acquisition
440
Subjects of Cession
441
Form of Cession
442
Tradition of the Ceded Territory
445
219a Option of Nationality and of Emigration
446
Occupation
448
Conception of Occupation
449
Occupation how effected
450
Inchoate Title of Discovery
451
Notification of Occupation to other Powers
452
Protectorate as Precursor of Occupation
454
Spheres of Influence
455
Consequences of Occupation
456
Accretion 229 Conception of Accretion
457
Artificial Formations
458
Deltas
459
Abandoned Riverbeds
460
Subjugation 236 Conception of Conquest and of Subjugation
461
Subjugation in contradistinction to Occupation
462
Subjugation of the Whole or of a Part of Enemy Territory
463
SECT PAGE 240 Consequences of Subjugation
464
Veto of Third Powers
466
290
467
Conception of Prescription
469
Loss of State Territory 244 Six Modes of losing State Territory
471
Revolt
472
CHAPTER II
475
Practical Expression of Claims to Maritime Sovereignty
477
Jurisdiction on the Open Sea 260 Jurisdiction on the Open Sea mainly connected with Flag
488
Claim of Vessels to sail under a certain Flag
489
Ships Papers
490
Names of Vessels
491
Safety of Traffic on the Open Sea
492
Powers of Menofwar over Merchantmen of all Nations
495
How Verification of Flag is effected
497
How Search is effected
498
SECT PAGE 272 Conception of Piracy
500
Private Ships as Subjects of Piracy
501
Mutinous Crew and Passengers as Subjects of Piracy
503
Piracy how effected
504
Jurisdiction over Pirates and their Punishment
505
Pirata non mutat dominium
506
Fisheries in the Open Sea free to all Nations
507
Fisheries in the North Sea
508
Telegraph Cables in the Open Sea 286 Telegraph Cables in the Open Sea permitted
510
International Protection of Submarine Telegraph Cables
511
Wireless Communication on the Open Sea 287a and 2876 Wireless Communication on the Open Sea
512
The Surface of the Bed of the Open Sea 287bb The Surface of the Bed of the Open Sea
513
The Subsoil beneath the Bed of the Open Sea 287c Five Rules concerning the Subsoil beneath the Bed of the Open Sea
514
287d The proposed Channel Tunnel
516
CHAPTER III
518
Individuals never Subjects of the Law of Nations
519
291
521
The Law of Nations and the Rights of Mankind
522
No International Delinquency without Malice or Culpable Negligence 293
524
294
526
Socalled Protégés and de facto Subjects
527
Nationality and Emigration
528
Expiration and Dissolution in contradistinction to Fulfilment
534
Naturalisation in Especial
536
Grounds of Voidance
540
Double Nationality and Statelessness
542
Inconsistency with subsequent International
546
Reception of Aliens and Right of Asylum
548
Aliens in certain Asian and African Countries
554
Expulsion of Aliens
560
Municipal Extradition Laws
567
Principle of nonExtradition of Political Criminals SECT PAGE 333 How nonExtradition of Political Criminals became the Rule
573
Difficulty concerning the Conception of Political Crime
576
The socalled Belgian Attentat Clause
578
The Swiss Solution of the Problem in 1892
579
The Protection and Development of Human Personality 340a International Law and Concern for the Individual
580
340b Until the End of the World War
581
340c Since the World War
582
340d The Sanctions of the Minority Clauses
583
340e Other Minority Protection
584
340f The International Labour Organisation
585
340g The Sanctions of Labour Conventions
589
Slavery and the Slave Traffic 340h Slavery and the Slave Traffic
590
PART III
593
CHAPTER I
595
Heads of States Objects of the Law of Nations
596
Honours and Privileges of Heads of States
597
Consideration due to Monarchs Abroad
598
The Retinue of Monarchs Abroad
600
Regents
601
Right of Legation
608
PAGE
612
Ministers Plenipotentiary and Envoys Extraordinary
614
Mode and Solemnity of Reception
620
SECT PAGE 380 Observation
622
Envoys not to interfere in Internal Politics
623
Position of Diplomatic Envoys 384 Diplomatic Envoys Objects of International Law
624
Privileges due to Diplomatic Envoys
625
Protection due to Diplomatic Envoys
626
Exemption from Criminal Jurisdiction
627
Limitation of Inviolability
628
Reason and Fictional Character of Exterritoriality
629
Immunity of Domicile
631
Exemption from Criminal and Civil Jurisdiction
632
Exemption from Subpoena as Witnesses
634
Exemption from Police
635
Right of Chapel
636
Position of Diplomatic Envoys as regards Third States 397 Possible Cases
637
Envoy travelling through Territory of Third State
638
Envoy found by Belligerent on Occupied Enemy Territory
640
The Retinue of Diplomatic Envoys 401 Different Classes of Members of Retinue
641
Privileges of Members of Legation
642
Privileges of Private Servants
643
Privileges of Family of Envoy
644
Termination of Diplomatic Mission 406 Termination in contradistinction to Suspension
645
Accomplishment of Object of Mission
646
Promotion to a Higher Class
648
SECT PAGE
649
167k Peaceful Settlement of International Disputes 337
651
General Character of Consuls
655
Functions of Consuls
661
Change in the Headship of States not Cause of Termination
667
CHAPTER IV
669
Position of Menofwar in Foreign Waters
676
Commissaries
682
INTERNATIONAL TRANSACTIONS
687
CHAPTER I
689
Purpose of Negotiation
690
Form of Negotiation
691
Congresses and Conferences 483 Conception of Congresses and Conferences
692
Parties to Congresses and Conferences
694
Transactions besides Negotiation and Treaties 486 Different Kinds of Transaction
696
Notification
697
Protest
698
CHAPTER II
700
Different Kinds of Treaties
702
Binding Force of Treaties
703
Parties to Treaties 494 The Treatymaking Power
705
Treatymaking Power exercised by Heads of States or their Governments
706
Minor Functionaries exercising Treatymaking Power
707
Constitutional Restrictions
709
Mutual Consent of the Contracting Parties
710
Effect of Coercion of a State or of its Representatives
711
Delusion and Error in Contracting Parties
712
Illegal Obligations
714
The two Sources of International
716
755
718
Ratification regularly but not absolutely necessary
722
Exchange and Deposit of Ratifications
728
Means of Securing Performance of Treaties
737
Essential Difference between International and Municipal
749
CHAPTER III
766
SECT PAGE
772
Commercial Treaties
779
APPENDIX B List of the more Important General Conventions of
795
List of Labour Conventions and Recommendations
804
Conception and Objects of Guarantee Treaties
807
Guarantee
810
Reduction of Armaments 338
816
673
818
75f De facto and De jure Recognition 157
821

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Página 779 - THE high contracting parties, in order to promote international co-operation and to achieve international peace and security by the acceptance of obligations not to resort to war, by the prescription of open, just, and honorable relations between nations, by the firm establishment of the understandings of International law as the actual rule of conduct among Governments, and by the maintenance of Justice and a scrupulous respect for all treaty obligations In the dealings of organized peoples with...
Página 205 - Certain communities formerly belonging to the Turkish Empire have reached a stage of development where their existence as independent nations can be provisionally recognised subject to the rendering of administrative advice and assistance by a Mandatory until such time as they are able to stand alone.
Página 322 - Amendments to this Covenant will take effect when ratified by the Members of the League whose Representatives compose the Council and by a majority of the Members of the League whose Representatives compose the Assembly. 2. No such amendment shall bind any Member of the League which signifies its dissent therefrom, but in that case it shall cease to be a Member of the League.
Página 265 - The Contracting Powers agree not to have recourse to armed force for the recovery of contract debts claimed from the Government of one country by the Government of another country as being due to its nationals.
Página 336 - The Members of the League undertake to respect and preserve as against external aggression the territorial integrity and existing political independence of all Members of the League. In case of any such aggression or in case of any threat or danger of such aggression the Council shall advise upon the means by which this obligation shall be fulfilled.
Página 286 - A belligerent party which violates the provisions of the said Regulations shall, if the case demands, be liable to pay compensation. It shall be responsible for all acts committed by persons forming part of its armed forces.
Página 342 - The Members of the League severally agree that this Covenant is accepted as abrogating all obligations or understandings inter se which are inconsistent with the terms thereof, and solemnly undertake that they will not hereafter enter into any engagements inconsistent with the terms thereof.
Página 206 - Africa and certain of the South Pacific islands, which, owing to the sparseness of their population or their small size, or their remoteness from the...
Página 327 - Any Member of the League not represented on the Council shall be invited to send a Representative to sit as a member at any meeting of the Council during the consideration of matters specially affecting the interests of that Member of the League.
Página 787 - The best method of giving practical effect to this principle is that the tutelage of such peoples should be entrusted to advanced nations who, by reason of their resources, their experience or their geographical position, can best undertake this responsibility and who are willing to accept it, and that this tutelage should be exercised by them as mandatories on behalf of the League.

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