Այս գրքի մասին
Իմ գրադարանը
Books on Google Play
Entered according to Act of Congress, in the year 1855, by
CATHARINE WHEATON, in the Clerk's Office of the District Court of the District of Massachusetts.
RIVERSIDE, CAMBRIDGE: PRINTED BY 1. 0. HOUGHTON AND COMPANY.
DEFINITION, SOURCES, AND SUBJECTS OF INTERNATIONAL LAW.
CHAPTER I.
DEFINITION AND SOURCES OF INTERNATIONAL LAW.
$ 1. Origin of international law , ,
2. Natural law defined, by Grotius .
3. Natural law identical with the law of God, or divine law .
4. Law of nations distinguished from natural law, by Grotius
5. Law of nature and law of nations asserted to be identical, by Hobbes
and Puffendorf , . .
6. Law of nations derived from reason and usage
7. System of Wolf .
8. Differences of opinion between Grotius and Wolf on the voluntary law
of nations
9. System of Vattel
10. System of Heffter.
11. Definition of international law .
12. Sources of international law.
CHAPTER II.
NATIONS AND SOVEREIGN STATES.
§ 1. Subjects of international law.
2. Definition of a State .
PAGE
28
29
31
32
33
3. Sovereign princes the subjects of international law
4. Individuals or corporations the subjects of international law .
5. Sovereignty defined
. . . . .
6. Sovereignty, how acquired
7. Identity of a State.
. .
8. Identity of a State, how affected by external violence.
9. By the joint effect of internal and external violence confirmed by treaty
10. Province or colony asserting its independence, how considered by other
foreign States .
11. International effects of a change in the person of the sovereign, or in
the internal constitution of the State .
12. Sovereign States defined
. . .
13. Semi-sovereign States
14. Tributary and vassal States
15. Single or united States
16. Personal union under the same sovereign
17. Real union under the same sovereign .
18. Incorporate union .
19. Union between Russia and Poland .
20. Federal union.
21. Confederated States, each retaining its own sovereignty .
22. Supreme federal government, or compositive State
23. Germanic Confederation .
24. United States of America
25. Swiss Confederation
PART SECOND.
ABSOLUTE INTERNATIONAL RIGHTS OF STATES.
RIGHTS OF SELF-PRESERVATION AND INDEPENDENCE.
§ 1. Rights of sovereign States with respect to one another
2. Right of self-preservation
3. Right of intervention or interference . . . .
4. Wars of the French Revolution .
5. Congress of Aix la Chapelle, of Troppau, and of Laybach.
6. Congress of Verona
la . . . . . .
7. War between Spain and her American colonies.
8. British interference in the affairs of Portugal, in 1826.
9. Interference of the Christian powers of Europe in favor of the Greeks
96
98
100
103
10. Interference of Austria, Great Britain, Prussia, and Russia, in the inter-
nal affairs of the Ottoman Empire, in 1840 .
11. Interference of the five great European powers in the Belgic revolu-
tion of 1830
. . . . . 105
12. Independence of the State in respect to its internal government . 106
13. Mediation of other foreign States for the settlement of the internal dis-
sensions of a State. Treaties of mediation and guaranty . 106
14. Independence of every State in respect to the choice of its rulers . 108
15. Exceptions growing out of compact or other just right of intervention
16. Quadruple alliance of 1834, between France, Great Britain, Portugal
and Spain
108
· 109
RIGHTS OF CIVIL AND CRIMINAL LEGISLATION.
112
113
116
117
119
§ 1. Exclusive power of civil legislation
2. Conflict of laws
3. Lex loci ræi sitæ .
4. Droit d'aubaine
5. Lex domicilii
6. Personal status
7. Lex loci contractus .
8. Lex fori
9. Foreign sovereign, his ambassador, army, or fleet, within the territory
of another State
10. Jurisdiction of the State over its public and private vessels on the high
121
140
143
seas
158
174
torritory
.
11. Consular jurisdiction .
165
12. Independence of the State as to its judicial power
168
13. Extent of the judicial power over criminal offences '.
14. Extra-territorial operation of a criminal sentence . . . 181
15. Piracy under the law of nations ...
. . 184
16. Extent of the judicial power as to property within the territory 196
17. Distinction between the rule of decision and the rule of procedure as
affecting cases in rem . . . . . 196
18. Conclusiveness of foreign sentences in rem .
. 197
19. Extent of the judicial power over foreigners residing within the terri-
tory .
· 200
20. Distinction between the rule of decision and rule of proceeding in cases
of contract .
202
21. Conclusiveness of foreign sentences in personal actions . . 205
CHAPTER III.
RIGHTS OF EQUALITY,
$ 1. Natural equality of States modified by compact and usage.
2. Royal honors.
" . o . . . .
3. Precedence among princes and States enjoying royal honors.
4. Usage of the alternat .
5. Language used in diplomatic intercourse .
6. Titles of sovereign princes and States
7. Maritime ceremonials . . . . . .
CHAPTER IV.
RIGHTS OF PROPERTY.
217
218
233
238
§ 1. National proprietary rights
2. Public and private property .
3. Eminent domain . . . . . . 217
4. Prescription :
5. Conquest and discovery confirmed by compact and the lapse of time.
6. Maritime territorial jurisdiction :
7. Extent of the term coasts or shore ..
234
8. Right of fishery
236
9. Claims to portions of the sea upon the ground of prescriptions
10. Controversy respecting the dominion of the seas
11. Rivers forming part of the territory of the State.
12. Right of innocent passage on rivers flowing through different States
13. Incidental right to use the banks of the rivers
253
14. These rights imperfect in their nature .
254
15. Modification of these rights by compact
16. Treaties of Vienna respecting the great European rivers .
17. Navigation of the Rhine
255
18. Navigation of the Mississippi . .
257
19. Navigation of the St. Lawrence ,
245
252
261
PART THIRD.
INTERNATIONAL RIGHTS OF STATES IN THEIR PACIFIC RELATIONS.
RIGHTS OF LEGATION.
. 273
273
274
§ 1. Usage of permanent diplomatic missions
2. Right to send and obligation to receive public ministers
3. Rights of legation, to what States belonging .
4. How affected by civil war or contest for the sovereignty
5. Conditional reception of foreign ministers
6. Classification of public ministers .
275
276
277