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

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C. K. Paul & Company, 1878

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Table des matières

Political events from the Peace of Westphalia to that of
12
Utrecht
13
Questions of international law agitated during that period
14
Political events from the Peace of Utrecht to the end of the Seven Years War
17
Writings of publicists
18
From the close of the Seven Years War to the French Revolution
20
Questions of public law during that period
21
Writings on international law
22
From the beginning of the French Revolution to the Con
23
Decisions of judicial tribunals
27
From the Congress of Vienna to the Treaty of Washington
28
Questions of international law during that period
29
Writers on international law
30
From the Treaty of Washington to the beginning of civil
32
war in the United States
33
Questions agitated in America during that period
34
Textwriters and judicial opinions
35
Diplomatic and legislative discussions
37
CHAPTER II
41
What is meant by natural law
42
Its application to independent States
43
Relation between the natural and positive law of nations
45
The Customary law of nations 9 Customs how far binding 10 Divisions of the positive law of nations by Wolfius and Vattel
46
Objections to those divisions I 2 Distinction between absolute rights rights of comity and private rights
47
There is no universal law of nations 14 How far its rules are obligatory 15 Violations of its rules how punished
49
General sources of international law
50
Authorities on this point
51
The Roman civil law
52
Adjudications of mixed tribunals
53
Decisions of local courts
54
Reason of the authority of textwriters
55
Treaties and international compacts
56
State papers and diplomatic correspondence
57
PARA PAGE I A sovereign State defined
58
A State distinguished from a nation or people
59
Mere fact of dependence does not destroy sovereignty
60
They may impair or destroy sovereignty
61
Effect of a union of several States
62
An incorporate union
63
gress of Vienna 23
64
When a composite State
65
Identity not affected by internal changes
66
Independence of a revolted colony or province
68
Recognition of such independence
72
State sovereignty how lost
75
Change by internal revolution
76
By the incorporation of several States into one
78
CHAPTER IV
80
Its right to choose its own rulers
81
Interference in virtue of treaty stipulations
82
Distinction between pacific mediation and armed inter vention
83
When an arbitrator may employ force
85
Interference to preserve a balance of power
87
Attempted tripartite treaty respecting Cuba
88
CHAPTER VI
124
Jura majestatis and regalia
127
Property and domain of State
128
Right of eminent domain
129
Right of a State to own property
131
Black Sea how far a mare clausum
143
The great lakes and their outlets
145
Changes in rivers or lakes dividing States
146
Navigable rivers passing through several States
147
Incidental use of their banks
148
Navigation of the Rhine
149
Navigation of the Mississippi
150
Of the St Lawrence
151
CHAPTER VII
153
Law of contracts
155
Exceptions to rule of comity in contracts
157
Rule of judicial proceeding
158
Law of personal capacity and duty
159
Over real property
171
Private vessels in foreign ports
190
Extraterritorial operation of a criminal sentence
196
CHAPTER VIII
222
CHAPTER IX
251
PAGE
258
260
260
262
262
265
265
22
268
CHAPTER X
270
274
274
287
288
PARA PAGE 28 The ministers instructions
301
Presentation and reception
302
Passage through other States
303
Termination of public missions
304
By death of minister
305
By expiration of term or by promotion
306
Duty of respect to local authorities
307
CHAPTER XI
310
Consuls have no representative or diplomatic character
313
Have no rank except among themselves
314
Enjoy certain privileges and exemptions
315
The office to be distinguished from the personal status of the officer
317
If exequatur be issued to a citizen without conditions
320
Opinions of textwriters
321
United States laws respecting foreign consuls
323
Duties and powers respecting their own countrymen
324
They have no civil or criminal jurisdiction
326
The granting of passports
327
Certificates acknowledgements etc
328
Engaging in trade
329
Judicial decisions on public character of consuls
330
Consuls of Christian States in the East
331
Same system extended to China
332
Act of Parliament
334
French laws and regulations
335
Treaty between the United States and China
336
Determination of National Character
348
Classification of the duties of States
391
22
413
21
439
20
449
Offers after declaration
474
22

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Expressions et termes fréquents

Fréquemment cités

Page 236 - But when the terms of the stipulation import a contract, when either of the parties engages to perform a particular act, the treaty addresses itself to the political, not the judicial department; and the legislature must execute the contract before it can become a rule for the Court.
Page 340 - China who may be guilty of any criminal act towards citizens of the United States, shall be arrested and punished by the Chinese authorities according to the laws of China: and citizens of the United States, who may commit any crime in China, shall be subject to be tried and punished only by the Consul, or other public functionary of the United States, thereto authorized according to the laws of the United States.
Page 388 - Kingdom, with this qualification, that he shall not, when within the limits of the foreign State of which he was a subject previously to obtaining his certificate of naturalization, be deemed to be a British subject unless he has ceased to be a subject of that State in pursuance of the laws thereof, or in pursuance of a treaty to that effect.
Page 340 - All questions in regard to rights, whether of property, or person, arising between citizens of the United States in China, shall be subject to the jurisdiction of, and regulated by, the authorities of their own government.
Page 503 - That the raising or keeping a standing army within the kingdom in time of peace, unless it be with consent of parliament, is against law.
Page 183 - Without doubt, the sovereign of the place is capable of destroying this implication. He may claim and exercise jurisdiction either by employing force, or by subjecting such vessels to the ordinary tribunals. But until such power be exerted in a manner not to be misunderstood, the sovereign cannot be considered as having imparted to the ordinary tribunals a jurisdiction, which it would be a breach of faith to exercise.
Page 285 - Process, being thereof convicted, by the Confession of the Party, or by the Oath of one or more Credible Witness...
Page 180 - It is susceptible of no limitation not imposed by itself. Any restriction upon it, deriving validity from an external source, would imply a diminution of its sovereignty to the extent of the restriction and an investment of that sovereignty to the same extent in that power which could impose such restriction. All exceptions, therefore, to the full and complete power of a nation within its own territories must be traced up to the consent of the nation itself. They can flow from no other legitimate...
Page 216 - If he commits such criminal to prison, he shall commit him to " the Middlesex House of Detention, or to some other prison in " Middlesex, there to await the warrant of a Secretary of State for " his surrender, and shall forthwith send to a Secretary of State a " certificate of the committal, and such report upon the case as he
Page 215 - State, shall be discharged by the police magistrate, unless the police magistrate, within such reasonable time as, with reference to the circumstances of the case, he may fix, receives from a Secretary of State an order signifying that a requisition has been made for the surrender of such criminal.

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