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88. A permanently neutralized State is bound to avoid, in time of peace, taking any engagement which might prevent its observing the duties of neutrality in time of war, or any duties which are incompatible with the conditions of neutrality.

89. A permanently neutralized State may, however, enter into defensive alliances with other neutral States for the maintenance of their neutrality.

90. In other respects a permanently neutralized State is sovereign and independent, and may therefore lawfully exercise, in its intercourse with other States, all the rights and attributes of external sovereignty.

91. No hostility can be permitted within the territory of permanently neutralized States, nor the passage of an army or fleet through the limits of their territory. If a belligerent army or fleet forces its passage through its territory on land or sea, it is the duty of the permanently neutralized State to protest against the infringement of its rights.

CHAPTER V.

EQUALITY OF STATES.

92. ALL Sovereign States, great or small, are equal in the eyes of International Law, such equality being subject to modification by compact

or usage.

93. Republics take the same rank as monarchies and other Sovereign States.

In general Treaties the names of States are placed in alphabetical order, according to the French language. In political language States are known as of the first, second, or third rank, according to their power and political influence.

94. All Sovereign States are equal in matters concerning maritime ceremonials.

95. Salutes at sea between war vessels are not obligatory. They are regulated by the customary etiquette and courtesy.

CHAPTER VI.

THE SEA AND SHIPS.

96. THE sea is free to all. The ships of all nations are equally free to navigate every sea.

"Naturale jure omnium communia sunt illa; aer, aqua profluens, et mare" (Digest, lib. 1, cit. 8).

97. No territorial sovereignty exists or can be claimed beyond the three miles' zone.

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L'impossibilité de la proprieté des mers résulte de la nature physique de cet élément qui ne peut être possédé et qui sert essentiellements aux communications des hommes et l'impossibilité de l'empire des mers résulte de l'égalité de droits et de l'indépendance réciproque des nations" (Ortolan, lib. ii. c. 7, p. 129).

98. Every nation has a right of fishing on the high sea.

The territorial waters of Her Majesty's dominions, in reference to the sea, mean such part of the sea adjacent to the coast of the United Kingdom, or of the coast of

some other parts of Her Majesty's dominions, as is deemed by International Law to be within the territorial waters of Her Majesty, and for the purpose of any offence declared to be within the jurisdiction of the Admiral, any part of the open sea within one marine league of the coast measured from low-water mark being deemed to be open sea within the territorial waters of Her Majesty. An offence committed by a person, whether he is or is not a subject of Her Majesty, on the open sea, within the territorial waters of Her Majesty's dominions, is an offence within the jurisdiction of the Admiral, although it may have been committed on board or by means of a foreign ship (41 and 42 Vict. c. 73). Reg. v. Klein, 2 Ex. Div., L.R. 63; Reg. v. Lopez; Rex v. Sattler, Dears and B.C. 525; Rex v. Jones, 2 C. and K. 165.

99. International Law recognizes only two classes of ships, viz. vessels of war and merchant vessels.

100. A war vessel is an armed ship employed in the public military service of the State. A war vessel is part of the national territory. On board such ship no other sovereignty is recognized, but that of the Government to which the ship belongs.

101. A ship of war entering within the maritime territory of a friendly State is entitled to the

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same privileges which are extended to the of the Sovereign.

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102. A ship of war is not subject to local jurisdiction in a foreign port.

Proceedings against ships of war cannot be instituted (The Schooner "Exchange" v. McFadden, 7 Crànch, 135). No maritime lien can be enforced against them (The "Prinz Fred," 2 Dod. Adm. 451; "The Constitution," 4 P. D. 39).

"Le droit d'éxtérritoralité est plein et entier pour les navires de guerre. Dans les ports qui leur ont été ouverts ils sont généralement exempts de la visite des douanes quoique à vrai dire cette visite ne constitue pas un act de jurisdiction" (Ortolan's" Règles,” liv. ii. c. 10).

103. The proofs of the public character of a ship of war are the flag, the public commission, and the public officers in command. The commission would be of itself sufficient, if duly authenticated, but the visible signs are the flag and pennant.

104. A merchant ship on the high sea is subject to the Municipal Law of the country to which the ship belongs. A crime committed on board a merchant ship by any of the officers or crew comes within the jurisdiction of the tribunals of that country.

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