Halleck's International Law: Or, Rules Regulating the Intercourse of States in Peace and War, Volume 1

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C. K. Paul & Company, 1878

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Table des matières

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
Division into natural law and positive law
42
Its application to independent States
43
Relation between the natural and positive law of nations
45
The Customary law of nations
46
Objections to those divisions
47
There is no universal law of nations
48
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
A sovereign State defined
58
II
59
Effect of a protectorate
61
IO 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
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
Rights of Property and of Domain
124
21
152
Droit daubaine and droit de rétraction
153
Law of treason and other crimes
167
Between assignments in bankruptcy and voluntary assign
174
272
272
274
274
287
288
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
Divisions of the consular organisation
312
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
IO 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
20
348
PARA PAGE 6 Offers after declaration
479
Effect upon individuals
480
Carrying supplies and withdrawing goods
481
Single exception to rule of nonintercourse
482
Effect upon subjects of an ally
483
Laws of particular States
484
Enemys property in territory of belligerents
485
Conduct of belligerents in war of 18534
487
Opinions of Kent and Wheaton
489
Distinction made by England between debts and other property
490
Her conduct towards Denmark in 1807
491
Commencement of war how determined
493
How notified to neutrals
497
Martial and military law
499
Martial law in European countries
500
United States Constitution on suspension of writ of habeas corpus
501
Examples of its suspension
506
Powers and duties of the President
507
Exercise of power to declare martial law
508

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Page 228 - 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 332 - 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 172 - The jurisdiction of the nation within its own territory is necessarily exclusive and absolute. 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.
Page 379 - Real and personal property of every description may be taken, acquired, held, and disposed of by an alien in the same manner in all respects as by a natural-born British subject...
Page 332 - 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 206 - A fugitive criminal shall not be surrendered to a foreign state unless provision is made by the law of that state or by arrangement that the fugitive criminal shall not, until he has been restored or had an opportunity of returning to Her Majesty's dominions, be detained or tried in that foreign state for any offence committed prior to his surrender other than the extradition crime proved by the facts on which the surrender is grounded...
Page 210 - Act, or of any part thereof, so far as it relates to such foreign State, and so long as such law or ordinance continues in force, there, and no longer ; or direct that such law or ordinance, or any part thereof, shall have effect in such British possession, with or without modifications and alterations, as if it were part of this Act.
Page 501 - 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 172 - 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 207 - 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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