Halleck's International Law, Or, Rules Regulating the Intercourse of States in Peace and War, Band 2

Cover
Kegan Paul, Trench, Trübner, 1893

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Inhalt

Laying waste a country
76
The Admirals Court
78
CHAPTER XXII
80
Attempts to modify it
81
Difficulties in its application
82
Ownership at time of capture
83
Rule as to consignee
84
Doctrine in the United States courts
85
Contract and shipment made in contemplation of war
86
Contract made in peace and shipment in war
87
Shipment at risk of neutral consignee
88
If neutral consignor become an enemy during voyage
89
Acceptance in transitu by neutral consignee
90
National character of goods
91
Transfer of enemys ships to neutrals
93
Rules of such transfer
94
General rule as to character of ships and goods
96
Effect of liens
98
Laws of different States
102
Decisions of French prize courts
103
Vessels of discovery
105
Fishingboats
106
Cases of shipwreck
107
Distinctions between reprisals and privateering
108
Privateers not used in recent wars
112
Declaration of the Conference of Paris 1856
117
Opinion of other States
119
Treaty stipulations
122
CHAPTER XXIII
124
Necessity of a license of withdrawal discussed
130
Decisions in the United States
131
Where order of shipment cannot be countermanded
132
Continuous voyages
133
When offence is completed
134
Transfer of ships
135
Trade by stranger in enemys country
136
Acceptance of a license from enemy
137
Trade with possessions and colonies of enemy
139
CHAPTER XXIV
141
Qualified neutrality
142
Neutrality must be observed and enforced
143
No hostilities to be permitted within neutral jurisdiction
145
Passage of troops through neutral territory
146
Pretended exception of Bynkershoek
148
Right of asylum
150
Duties of belligerents while in neutral waters
151
The Alabama case
152
Arming vessels and enlisting troops
155
Loans of money by neutrals
163
Passage over neutral waters
165
Municipal laws enforcing neutrality
166
Laws of the United States
168
Foreign Enlistment Act
169
Protection of property in neutral territory
171
Restitution of property captured in neutral territory
172
Decisions in the United States
173
Purchasers in foreign ports
174
I
181
29
182
When presumption of intention to enter cannot be repelled
202
Disregard of warning
208
8
220
23
233
CHAPTER XXVII
239
Enforcement of the right of search
258
Penalty for resisting search
259
Can they exempt their convoys?
260
Merchant ships under their convoy
261
Treaties respecting neutral convoy
262
Opinions of publicists
264
Effect of enemys convoy
266
Opinions of English and American textwriters
281
Neutral goods in enemys vessels
282
Maxims of free ships free goods and enemy ships enemy goods
283
The two maxims distinct
284
Treaties and ordinances
285
France and England as allies in 1854
286
Declaration of the Congress of Paris 1856
287
Proof of neutral goods in enemys ships
288
Neutral goods in such vessels
289
Transporting military persons
290
The case of the Trent
299
Rules of 1756 1793 and 1801
301
Explanation of them
302
Distinction between them
305
Effect on American commerce of the rule of 1793
307
Opinions of Story and of Phillimore
308
Change of British colonial policy
309
20
329
CHAPTER XXX
343
9
350
PARA PAGE 14 Quality and quantity of goods
353
License to an alien enemy
354
If cargo be injured
355
If it cannot be landed
356
Change of destination
357
Capture before and after deviation
358
A license has no retrospective action
360
Breach of blockade c by a licensed vessel
361
CHAPTER XXXI
362
What constitutes a maritime character
363
The Naval Prize Act 1864
365
Title when changed
366
Where prizes must be taken
367
Of joint captures generally
371
When actual sight is not necessary
373
Vessels associated in same service
374
Convoying ships
375
Joint captures by landand sea forces
376
By public ships of allies
377
Captures by revenue cutters
378
By tenders
379
Public vessels of war and privateers
380
Effect of fraud on claims for joint capture
381
Distribution of prize to joint captors
382
Collusive captures
383
Forfeiture of claims to prize
384
Exceptions to rule 125
393
Distinction between military occupation and complete con
409
quest
432
Upon municipal laws
438
Military contributions
448
CHAPTER XXXIV
450
Insurance how affected by violation of a blockade
463
Conquests how completed
467
16
483
Conquest changes political rights but not rights of property
493
CHAPTER XXXV
500
Upon towns and provinces
506
20
520
23
523
APPENDIX
529
Earliest age at which marriage can be solemnised in each of
556
The Foreign Marriage Act 1892
569
Of hostile populations
590
Of Lord Stowell
595
INDEX
605
Useless destruction of enemys property
609
Distinction beween pirates and slavers
619
207
621
12
626

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Seite 168 - State : or (3.) Equips any ship with intent or knowledge, or having 'reasonable cause to believe that the same shall or will be employed in the military or naval service of any foreign State at war with any friendly State...
Seite 116 - 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.
Seite 319 - I propose to receive the surrender of the Army of Northern Virginia on the following terms, to wit : Rolls of all the officers and men to be made in duplicate, one copy to be given to an officer...
Seite 178 - No ship of war or privateer of either belligerent shall hereafter be permitted, while in any port, roadstead or waters subject to the territorial jurisdiction of her majesty, to take in any supplies, except provisions and such other things as may be requisite for the subsistence of her crew, and except so much coal only as may be sufficient to carry such vessel to the nearest port of her own country, or to some nearer destination...
Seite 39 - Military necessity, as understood by modern civilized nations, consists in the necessity of those measures which are indispensable for securing the ends of the war, and which are lawful according to the modern law and usages of war.
Seite 168 - Builds, or agrees to build or causes to be built, any ship with intent or knowledge, or having reasonable cause to believe that the same shall or will be employed in the military or naval service of any foreign State at war with any friendly State...
Seite 168 - ... 1. Any person who, being a British subject, within or without the dominions of her Majesty, has, without the license of Her Majesty, accepted or agreed to accept any commission or engagement in the military or naval service of any foreign state at war with any friendly state.
Seite 166 - Sec. 2. And be it further enacted, That if any person shall, within the territory or jurisdiction of the United States, enlist or enter himself, or hire or retain another person to enlist or enter himself, or to go beyond the limits or jurisdiction of the United States...
Seite 273 - ... not only the simplest and best, but the only, rule which can be adopted and observed, consistently with the rights and honor of the United States and the security of their citizens. That rule announces, therefore, what will hereafter be the principle maintained by their government In every regularly documented American merchant- vessel, the crew who navigate it will find their protection in the flag which is over them.
Seite 410 - ... to administer with indifference that justice which the law of nations holds out, without distinction, to independent states, some happening to be neutral and some to be belligerent. The seat of judicial. authority is, indeed, locally here, in the belligerent country, according to the known law and practice of nations ; but 'the law itself has no locality.

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