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 23–ի 1-ից 5-ը:
Էջ 20
... obligations handed down to him by the former sovereign power in the conquered country . Now international jurists of to - day have almost unanimously agreed that conquest implies a State- succession which is analogous to the succession ...
... obligations handed down to him by the former sovereign power in the conquered country . Now international jurists of to - day have almost unanimously agreed that conquest implies a State- succession which is analogous to the succession ...
Էջ 21
... obligations of the former sovereign with respect to such private property within the ceded territory . All that can be ... obligation . " As Professor Westlake has remarked , that is a statement that one would rather have expressed ...
... obligations of the former sovereign with respect to such private property within the ceded territory . All that can be ... obligation . " As Professor Westlake has remarked , that is a statement that one would rather have expressed ...
Էջ 22
... obligations towards the subjects of an extinguished State . An Act of State was defined by Fitzjames Stephen as " An act ... obligation . And if modern international law lays down that annexation is not to interfere with the rights of ...
... obligations towards the subjects of an extinguished State . An Act of State was defined by Fitzjames Stephen as " An act ... obligation . And if modern international law lays down that annexation is not to interfere with the rights of ...
Էջ 24
... obligations . When an offence has been committed by the sovereign against the law of nations , " act of State " is as bad a plea for him as is " public policy " for a subject when he has broken the strict law of the land . The words ...
... obligations . When an offence has been committed by the sovereign against the law of nations , " act of State " is as bad a plea for him as is " public policy " for a subject when he has broken the strict law of the land . The words ...
Էջ 33
... obligation de vivre . " There is in fact no jural foundation to requisitions , but they are justified by that necessity , the instinctive right of self- preservation , which is anterior to , and paramount over , all civil law . And only ...
... obligation de vivre . " There is in fact no jural foundation to requisitions , but they are justified by that necessity , the instinctive right of self- preservation , which is anterior to , and paramount over , all civil law . And only ...
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...