Researches, Historical and Critical, in Maritime International Law, Հատոր 1T. Clark, 1844 - 1045 էջ |
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Researches, Historical and Critical, in Maritime International Law, Հատոր 1 James Reddie Ամբողջությամբ դիտվող - 1844 |
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17th century adopted appears belli belligerent nations belonging board neutral vessels Britain captured cargo carry chapter civilized confiscation Consolato del Mare consuetudinary law contraband contraband of war contracting parties conventional law course cruizers declared doctrines Droit des Gens enemy England established Europe European nations favour flag foreign found on board France French Gentium Grotius guerre Hanse towns Hanseatic hostile vessels Hübner independent intercourse international jurists judge judicial jure jurisdiction Jus Gentium justice king Lampredi law of Maritime law of nations lawful prize letters of marque marchandises Maritime commerce Maritime international law Maritime law Martens ment merces merchants natural navigation navire neutral nations neutres obligations observed ordinances ordonnance owner Pardessus particular peace ports practice principles Prises prize law qu'il quae quod reciprocal recognized regard regulations rules seizure ship sovereign Spain stipulation subjects territory tion trade traités treaties usages vaisseaux Valin
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Էջ 243 - When two powers are at war, they have a right to make prizes of the ships, goods, and effects, of each other, upon the high seas. Whatever is the property of the enemy may be acquired by capture at sea; but the property of a friend can not be taken, provided he observes his neutrality.
Էջ vi - COLLEGE LIBRARY FROM THE BEQUEST OF CHARLES SUMNER CLASS OF 1830 Senator from Massachusetts FOR BOOKS RELATING TO POLITICS AND FINE ARTS...
Էջ 248 - Where the judges are left free, and give sentence according to their conscience, though it should be erroneous, that would be no ground for reprisals. Upon doubtful questions different men think and judge differently; and all a friend can desire is, that justice should be impartially administered to him, as it is to the subjects of that Prince in whose Courts the matter is tried.
Էջ 243 - Before the ship or goods can be disposed of by the captor, there must be regular judicial proceedings, wherein both parties may be heard, and condemnation thereupon, as prize, in a court of admiralty, judging by the law of nations and treaties. " The proper and regular court for these condemnations, is the court of that state to whom the captor belongs.
Էջ 268 - But the other parties in the controversy, as they are members of another State, are only bound to submit to its sentence, so far as this sentence is agreeable to the law of nations, or to particular treaties; because it has no jurisdiction over them, in respect either of their persons, or of the things that are the subject of the controversy.
Էջ 243 - That the goods of an enemy, on board the ship of a " ' friend, may be taken; " ' That the lawful goods of a friend, on board the ship " ' of an enemy, ought to be restored : " ' That contraband goods, going to the enemy, though " ' the property of a friend, may be taken as prize ; because " ' supplying the enemy with what enables him better to " ' carry on the war, is a departure from neutrality.
Էջ 243 - The evidence to acquit or condemn, with or without costs or damages, must, in the first instance, come merely from the ship taken, viz, the papers on board, and the examination on oath of the master and other principal officers...
Էջ 243 - Whatever is the property of the enemy, may be acquired by capture at sea ; but the property of a friend, cannot be taken, provided he observes his neutrality. Hence the law of nations has established, That the goods of an enemy, on board the ship of a friend, may be taken. That the lawful goods of a friend, on board the ship of an enemy, ought to be restored.
Էջ 247 - The law of nations, founded upon justice, equity, convenience, and the reason of the thing, and confirmed by long usage, does not allow of reprisals, except in case of violent injuries directed or supported by the State, and justice absolutely denied in re minime dubia by all the tribunals and afterwards by the Prince.
Էջ 247 - Particular treaties, too, have inverted the rule of the law of nations, and by agreement declared the goods of a friend on board the ship of an enemv to be prize, and the goods of an enemy on board the ship of a friend to be free, as appears from the treaties already mentioned, and many others.* So, likewise, by particular treaties, some goods reputed contraband by the law of nations are declared to be free.