The Law of Private Property in War: With a Chapter on Conquest. (Being the Yorke Prize Essay for 1906)Sweet & Maxwell, limited, 1907 - 151 sider |
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Almindelige termer og sætninger
absolute contraband American American Civil War annexation applied army belli belligerent rights belligerent's blockade Captain Mahan cargo carrying ceded century commerce compensation condemned conditional contraband confiscation conqueror conquest Continental contraband trading contract Crimean war cruisers debt decision Declaration of Paris demand destination detention domiciled Droit effect enemy character enemy country enemy property enemy subjects enemy vessels enemy's England English French gerents Grotius Hague Conference Hague laws held hostile immunity innocent interference International Law land 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 offence outbreak peace penalty practice present principle private property Prize Court proclamation prohibition property at sea proposed recognise regard requisitions rule Russian Russo-Japanese War seized seizure Snow South African Republic sovereign territory to-day Transvaal Government treaty United usage
Populære passager
Side 126 - 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.
Side 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.
Side 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.
Side 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.
Side 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.
Side 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...
Side 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...
Side 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).
Side 38 - Railway plant, land telegraphs, telephones, steamers, and other ships, apart from cases governed by maritime law, as well as depots of arms and, generally, all kinds of war material, even though belonging to Companies or to private persons, are likewise material which may serve for military operations, but they must be restored at the conclusion of peace, and indemnities paid for them.
Side 126 - 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...