International Law

480 Pages·2012·1.984 MB·English

by  George Grafton Wilson

INTERNATIONAL LAW
BY
GEORGE GRAFTON WILSON, Ph.D.

PROFESSOR IN

BROWN UNIVERSITY
AND
GEORGE FOX TUCKER, Ph.D.

LATELY REPORTER OF

DECISIONS OF THE SUPREME JUDICIAL COURT OF

MASSACHUSETTS

SILVER, BURDETT AND COMPANY

NEW YORK

BOSTON CHICAGO

Copyright, 1901,
 By SILVER, BURDETT AND COMPANY.
PREFACE
The authors have aimed to prepare a brief introduction to the
subject of International Law. They have freely used the substantive
material as found in cases, codes, etc., which involve the principles
of International Law. Owing to the increasing importance of
international negotiation, relatively more attention than usual has
been given to matters connected with diplomacy. The appendices
contain material which the authors have found advantageous to
have easily accessible to each student. The study of this book
should in all cases be supplemented by reference to a considerable
number of the books mentioned in the bibliography.
G. G. W.
 G. F. T.
September, 1901.

CONTENTS
PAGE
Bibliography xix
Abbreviation of Cases Cited xxi
Table of Cases Cited xxiii
PART I

GENERAL AND HISTORICAL
CHAPTER I
Definition and General Scope 3
1. Definition.
(a) Philosophical: what ought to be.

(b) Scientific: what is.
2. Divisions.
(a) Public.
(b) Private.
3. Scope.
CHAPTER II
Nature 6
4. Early Terminology.
(a) Jus naturale.
(b) Jus gentium.
(c) Other terms.
5. Historical Bases.
6. Ethical Bases.
7. Jural Bases.
(a) Roman law.
(b) Canon law.
(c) Common law.
(d) Equity.
(e) Admiralty law.
8. International Law and Statute Law.
9. How far is International Law entitled to be called
Law?
CHAPTER III
Historical Development 12
10. Early Period.
(a) Greece.
(b) Rome.
11. Middle Period.
(a) Roman Empire.
(b) The Church.
(c) Feudalism.
(d) Crusades.
(e) Chivalry.
(f) Commerce and Sea Laws.
(g) Consulates.
(h) Discovery of America.
(i) Conclusion.
12. Modern Period from 1648.
(a) 1648-1713.
(b) 1713-1815.
(c) 1815- .
13. Writers.
CHAPTER IV
Sources 29
14. Practice and Usage.
15. Precedent and Decisions.
(a) Prize and Admiralty Courts.
(b) Domestic Courts.

(c) Courts of Arbitration.
16. Treaties and State Papers.
17. Text Writers.
18. Diplomatic Papers.
PART II

PERSONS IN INTERNATIONAL LAW
CHAPTER V
States 39
19. Definition.
(a) Political.
(b) Sovereign.
20. Nature.
(a) Moral.
(b) Physical.
(c) Communal.
(d) External conditions.
21. Recognition of New States.
(a) De facto existence.
(b) Circumstances of recognition.
(1) By division.
(2) By union.
(3) By admission of old states.
(4) By admission of former barbarous
communities.
(5) Individual and collective recognition.
(c) Act of recognition.
(d) Premature recognition.
(e) Conditions.
(f) Recognition irrevocable.
(g) Consequences.
(1) The Recognizing state.
(2) The Recognized state.
(3) The Parent state.
(4) Other States.
CHAPTER VI
Legal Persons having Qualified Status 50
22. Members of Confederations and Other Unions.
23. Neutralized States.
24. Protectorates, Suzerainties.
25. Corporations.
(a) Private.
(b) Exercising political powers.
26. Individuals.
27. Insurgents.
(a) Definition.
(b) Effect of admission of insurgency.
28. Belligerents.
(a) Definition.
(b) Conditions prior to recognition.
(c) Grounds of recognition.
(d) Who may recognize.
(e) Consequences.
(1) Recognition by a foreign state.
(2) Recognition by the parent state.
29. Communities not fully Civilized.
PART III

INTERNATIONAL LAW OF PEACE
CHAPTER VII
General Rights and Obligations of States 67
30. Existence.
31. Independence.
32. Equality.

33. Jurisdiction.
34. Property.
35. Intercourse.
CHAPTER VIII
Existence 71
36. Application of the Right in General.

37. Extension of the Right to Subjects of the State.
CHAPTER IX
Independence 74
38. Manner of Exercise.
39. Balance of Power.
40. Monroe Doctrine.
41. Non-intervention.
42. Practice in Regard to Intervention.
(a) For self-preservation.
(b) To prevent illegal acts.
(c) By general sanction.
(d) Other grounds.
(1) Treaty stipulations.
(2) Balance of power.
(3) Humanity.
(4) Civil war.
(5) Financial.
(e) Conclusion.
CHAPTER X
Equality 88
43. Equality in General.
44. Inequalities among States.
(a) Court precedence.
(b) Matters of ceremonial.
(c) Weight of influence in affairs.
CHAPTER XI
Jurisdiction 94
45. Jurisdiction in General.
46. Territorial Domain and Jurisdiction.
47. Method of Acquisition.
(a) Discovery.
(b) Occupation.
(c) Conquest.
(d) Cession.
(1) Transfer by gift.
(2) Transfer by exchange.
(3) Transfer by sale.
(4) Cession of jurisdiction.
(e) Prescription.
(f) Accretion.
48. Qualified Jurisdiction.
(a) Protectorates.
(b) Sphere of influence.
49. Maritime and Fluvial Jurisdiction.
50. Rivers.
(a) Which traverse only one state.
(b) Flowing through two or more states.
(c) Under jurisdiction of two states.
51. The Navigation of Rivers.
52. Enclosed Waters.
(a) Wholly enclosed.
(b) Gulfs, bays, estuaries.
(c) Straits: Danish Sounds, Dardanelles.
(d) Canals: Suez, Panama, Nicaraguan, Corinth,
Kiel.
53. The Three-mile Limit.
54. Fisheries.
(a) Deep sea.
(b) Canadian.
(c) Bering Sea.
55. Vessels.
(a) Classes.
(1) Public.
(2) Private.
(b) Nationality.
(c) Jurisdiction.
(1) Public.
(2) Private.
(3) Semi-public.
56. Personal, General—Nationality.
57. Natural-born Subjects.
58. Foreign-born Subjects.
59. Acquired Nationality.
(a) By marriage.
(b) By naturalization.
(c) By annexation of territory.
(d) Effect of naturalization.
(e) Incomplete naturalization.
60. Jurisdiction over Aliens.
(a) Over subjects abroad.
(1) Emigration laws.
(2) Recall of citizens.
(3) Penal jurisdiction.
(4) Protection of subjects.
(b) Over aliens within territory.
(1) Exclusion.
(2) Expulsion.
(3) Conditional admission.
(4) Settlement.
(5) Taxes.
(6) Sanitary and police jurisdiction.
(7) Penal jurisdiction.
(8) Maintenance of public order.
(9) Military service.
(10) Freedom of commerce.
(11) Holding property.
(12) Freedom of speech and worship.
(c) Passports.
61. Exemptions from Jurisdiction—General.
62. Sovereigns.
63. State Officers.
(a) Diplomatic agents.
(b) Consuls.
(c) Army.
(d) Navy.
64. Special Exemptions.
(a) In Oriental countries.
(1) Penal matters.
(2) Civil matters.
(b) In Egypt.
65. Extradition.
(a) Persons liable.
(b) Limitations.
(c) Conditions.
(d) Procedure.
66. Servitudes.
(a) International.
(b) General.
CHAPTER XII
Property 148
67. Property in General.

68. State Property in International Law.
CHAPTER XIII
Diplomacy and International Relations in Times of Peace 150
69. General Development.
70. Diplomatic Agents.

(a) Historical.
(b) Rank.
(1) Diplomatic agents of first class.
(2) Envoys extraordinary.
(3) Ministers resident.
(4) Chargés d'affaires.
71. Suite.
(a) Official.
(b) Non-official.
72. Who may send Diplomatic Agents.
73. Who may be sent.
74. Credentials.
75. Ceremonial.
(a) General.
(b) Reception.
(c) Precedence and places of honor.
(d) Prerogatives.
76. Functions.
(a) Internal business.
(b) Conduct of negotiations.
(c) Relation to fellow-citizens.
(d) Reports to home government.
77. Termination of Mission.
(a) Through death of agent.
(b) In ordinary manner.
(c) Under strained relations.
(d) Ceremonial of departure.
78. Immunities and Privileges.
(a) Inviolability.
(b) Exterritoriality and exemptions.
(1) Criminal jurisdiction.
(2) Civil jurisdiction.
(3) Family and suite.
(4) House of ambassador.
(5) Asylum.
(6) Taxation.
(7) Religious worship.