The Law of Private Property in War: With a Chapter on Conquest. (Being the Yorke Prize Essay for 1906)Sweet & Maxwell, limited, 1907 - 151 էջ |
From inside the book
Արդյունքներ 15–ի 1-ից 5-ը:
Էջ 3
... debts , were straightway confiscated upon the outbreak of war . There was supposed to be complete solidarity between all the subjects of the same prince , so that they were each liable to any member of another State for any wrongdoing ...
... debts , were straightway confiscated upon the outbreak of war . There was supposed to be complete solidarity between all the subjects of the same prince , so that they were each liable to any member of another State for any wrongdoing ...
Էջ 8
... debts of enemy subjects . Bynkershoek , who maintained the old doctrine of confiscation , added that it was relaxed ... debt of his State held by foreign creditors . The case itself did not turn upon the rights of enemy creditors , but ...
... debts of enemy subjects . Bynkershoek , who maintained the old doctrine of confiscation , added that it was relaxed ... debt of his State held by foreign creditors . The case itself did not turn upon the rights of enemy creditors , but ...
Էջ 9
... debts and of other property of the enemy found in the country at the outbreak of war ; and it was the exercise of the latter usage by England which had led to reprisals by Denmark in 1807 against the debts payable to Englishmen from her ...
... debts and of other property of the enemy found in the country at the outbreak of war ; and it was the exercise of the latter usage by England which had led to reprisals by Denmark in 1807 against the debts payable to Englishmen from her ...
Էջ 40
... debts or con- tractual obligations of individuals to the State of which the occupant secures the record . These are personal rights , and should not pass to the temporary sovereign unless he con- solidates his position by definite ...
... debts or con- tractual obligations of individuals to the State of which the occupant secures the record . These are personal rights , and should not pass to the temporary sovereign unless he con- solidates his position by definite ...
Էջ 53
... debts are not now regarded as confiscated by war . 1 Cf. Carver , p . 280 ff . 2 Snow , p . 250 ; 4 P. C. R. 171 . 3 3 B. & P. 291 . A subject of the belligerent can in his own courts War and Commerce between Belligerents . 53.
... debts are not now regarded as confiscated by war . 1 Cf. Carver , p . 280 ff . 2 Snow , p . 250 ; 4 P. C. R. 171 . 3 3 B. & P. 291 . A subject of the belligerent can in his own courts War and Commerce between Belligerents . 53.
Այլ խմբագրություններ - View all
The Law of Private Property in War: With a Chapter on Conquest. (Being the ... Norman Bentwich Ամբողջությամբ դիտվող - 1907 |
The Law of Private Property in War, With a Chapter on Conquest: Being the ... Norman Bentwich Դիտել հնարավոր չէ - 2018 |
The Law of Private Property in War, With A Chapter on Conquest Norman Bentwich Դիտել հնարավոր չէ - 2023 |
Common terms and phrases
alien enemy American American Civil War annexation applied army belli belligerent rights belligerent's blockade Captain Mahan cargo carried ceded citizens commerce companies compensation condemned confiscation conquered subjects conqueror conquest Continental contraband trading contract Crimean war cruisers debt decision Declaration of Paris demand destination domiciled effect enemy character enemy country enemy property enemy subjects enemy vessels enemy's England English France French Grotius Hague Conference Hague laws held hostilities immunity individual interference International Law invader law of nations laws of war liabilities Lord Stowell losses maritime capture military necessity military occupation modern Napoleonic naval neutral country neutral owners neutral port neutral trade neutral vessel obligation outbreak peace penalty practice principle private property Prize Courts prohibition property at sea property of enemies recognise regard requisitions rule Russo-Japanese War seized ship Snow South African South African Republic sovereign territory to-day Transvaal Government treaty United usage
Սիրված հատվածներ
Էջ 130 - First, to use due diligence to prevent the fitting out, arming, or equipping, within its jurisdiction, of any vessel which it has reasonable ground to believe is intended to cruise or to carry on war against a Power with which it is at peace ; and also to use like diligence to prevent the departure from its jurisdiction of any vessel intended to cruise or carry on war as above, such vessel having been specially adapted, in whole or in part, within such jurisdiction, to warlike use.
Էջ 79 - The neutral flag covers enemy's goods, with the exception of contraband of war; 3. Neutral goods, with the exception of contraband of war, are not liable to capture under enemy's flag; 4. Blockades, in order to be binding, must be effective — that is to say, maintained by a force sufficient really to prevent access to the coast of the enemy.
Էջ 57 - ... every kind of trading, or commercial dealing or intercourse, whether by transmission of money or goods, or orders for the delivery of either, between the two countries, directly or indirectly, or through the intervention of third persons or partnerships, or by contracts in any form looking to or involving such transmission, or by insurances upon trade with or by the enemy. Beyond the principle of these cases the prohibition has not been carried by judicial decision.
Էջ 34 - Requisitions in kind and services shall not be demanded from municipalities or inhabitants except for the needs of the army of occupation. They shall be in proportion to the resources of the country, and of such a nature as not to involve the inhabitants in the obligation of taking part in military operations against their own country.
Էջ 13 - Nevertheless, as civilization has advanced during the last centuries, so has likewise steadily advanced, especially in war on land, the distinction between the private individual belonging to a hostile country and the hostile country itself, with its men in arms. The principle has been more and more acknowledged that the unarmed citizen is to be spared in person, property, and honor as much as the exigencies of war will admit.
Էջ 24 - It is the province of the statesman, and not the lawyer, to discuss, and of the legislature to determine, what is the best for the public good, and to provide for it by proper enactments. It is the province of the judge to expound the law only...
Էջ 57 - ... the law of nations, as judicially declared, prohibits all intercourse between citizens of the two belligerents which is inconsistent with the state of war between their countries...
Էջ 80 - The character that is gained by residence ceases by residence. It is an adventitious character which no longer adheres to him from the moment that he puts himself in motion, bond fide, to quit the country sine animo recertendi (a).
Էջ 130 - Builds or agrees to build, or causes to be built any ship with intent or knowledge, or having reasonable cause to believe that the same shall or will be employed in the military or naval service of any foreign State at war with any friendly State...
Էջ 17 - The seat of judicial authority is, indeed, locally here, in the belligerent country, according to the known law and practice of nations ; but the law itself has no locality. It is the duty of the person who sits here to determine this question exactly as he would determine the same question if sitting at Stockholm...