CONTENTS OF THE FIRST VOLUME
INTRODUCTION
CHAPTER I
FOUNDATION OF THE LAW OF NATIONS
I. The Law of Nations as Law
SECT. PAGE
1. Conception of the Law of Nations [3]
2. Legal Force of the Law of Nations contested [4]
3. Characteristics of Rules of Law [ 6]
4. Law-giving authority not essential for the existence of Law [ 6]
5. Definition and Three Essential Conditions of Law [ 8]
6. Law not to be identified with Municipal Law [9]
7. The "Family of Nations" a Community [9]
8. The "Family of Nations" a Community with Rules of Conduct [11]
9. External Power for the enforcement of Rules of International Conduct [13]
10. Practice recognises Law of Nations as Law [14]
II. Basis of the Law of Nations
11. Common Consent the Basis of Law [15]
12. Common Consent of the Family of Nations the Basis of International Law [16]
13. States the Subjects of the Law of Nations [19]
14. Equality an Inference from the Basis of International Law [20]
III. Sources of the Law of Nations
15. Source in Contradistinction to Cause [20]
16. The Two Sources of International Law [21]
17. Custom in Contradistinction to Usage [22]
18. Treaties as Source of International Law [23]
19. Factors influencing the Growth of International Law [24]
IV. Relations between International and Municipal Law
20. Essential Difference between International and Municipal Law [25]
21. Law of Nations never per se Municipal Law [26]
22. Certain Rules of Municipal Law necessitated or interdicted [27]
23. Presumption against conflicts between International and Municipal Law [28]
24. Presumption of Existence of certain necessary Municipal Rules [28]
25. Presumption of the Existence of certain Municipal Rules in Conformity with Rights granted by the Law of Nations [28]
V. Dominion of the Law of Nations
26. Range of Dominion of International Law controversial [30]
27. Three Conditions of Membership of the Family of Nations [31]
28. Present Range of Dominion of the Law of Nations [32]
29. Treatment of States outside the Family of Nations [34]
VI. Codification of the Law of Nations
30. Movement in Favour of Codification [35]
31. Work of the First Hague Peace Conference [37]
32. Work of the Second Hague Peace Conference and the Naval Conference of London [38]
33. Value of Codification of International Law contested [40]
34. Merits of Codification in general [40]
35. Merits of Codification of International Law [42]
36. How Codification could be realised [44]
CHAPTER II
DEVELOPMENT AND SCIENCE OF THE LAW OF NATIONS
I. Development of the Law of Nations before Grotius
37. No Law of Nations in Antiquity [45]
38. The Jews [46]
39. The Greeks [49]
40. The Romans [50]
41. No need for a Law of Nations during the Middle Ages [53]
42. The Fifteenth and Sixteenth Centuries [54]
II. Development of the Law of Nations after Grotius
43. The time of Grotius [59]
44. The period 1648-1721 [61]
45. The period 1721-1789 [64]
46. The period 1789-1815 [64]
47. The period 1815-1856 [66]
48. The period 1856-1874 [69]
49. The period 1874-1899 [71]
50. The Twentieth Century [74]
51. Six Lessons of the History of the Law of Nations [80]
III. The Science of the Law of Nations
52. Forerunners of Grotius [83]
53. Grotius [85]
54. Zouche [88]
55. The Naturalists [89]
56. The Positivists [90]
57. The Grotians [92]
58. Treatises of the Nineteenth and Twentieth Centuries [94]
59. The Science of the Law of Nations in the Nineteenth and Twentieth Centuries, as represented by Treatises [98]
60. Collection of Treatises [102]
61. Bibliographies [103]
62. Periodicals [103]
PART I
THE SUBJECTS OF THE LAW OF NATIONS
CHAPTER I
INTERNATIONAL PERSONS
I. Sovereign States as International Persons
63. Real and apparent International Persons [107]
64. Conception of the State [108]
65. Not-full Sovereign States [109]
66. Divisibility of Sovereignty contested [110]
67. Meaning of Sovereignty in the Sixteenth and Seventeenth Centuries [111]
68. Meaning of Sovereignty in the Eighteenth Century [112]
69. Meaning of Sovereignty in the Nineteenth Century [113]
70. Result of the Controversy regarding Sovereignty [115]
II. Recognition of States as International Persons
71. Recognition a condition of Membership of the Family of Nations [116]
72. Mode of Recognition [117]
73. Recognition under Conditions [118]
74. Recognition Timely and Precipitate [119]
75. State Recognition in contradistinction to other Recognitions [120]
III. Changes in the Condition of International Persons
76. Important in contradistinction to Indifferent Changes [121]
77. Changes not affecting States as International Persons [122]
78. Changes affecting States as International Persons [123]
79. Extinction of International Persons [124]
IV. Succession of International Persons
80. Common Doctrine regarding Succession of International Persons [125]
81. How far Succession actually takes place [127]
82. Succession in consequence of Absorption [127]
83. Succession in consequence of Dismemberment [130]
84. Succession in case of Separation or Cession [131]
V. Composite International Persons
85. Real and apparent Composite International Persons [132]
86. States in Personal Union [133]
87. States in Real Union [134]
88. Confederated States (Staatenbund) [135]
89. Federal States (Bundesstaaten) [136]
VI. Vassal States
90. The Union between Suzerain and Vassal State [140]
91. International position of Vassal States [141]
VII. States under Protectorate
92. Conception of Protectorate [144]
93. International position of States under Protectorate [145]
94. Protectorates outside the Family of Nations [146]
VIII. Neutralised States
95. Conception of Neutralised States [147]
96. Act and Condition of Neutralisation [148]
97. International position of Neutralised States [149]
98. Switzerland [151]
99. Belgium [152]
100. Luxemburg [152]
101. The former Congo Free State [153]
IX. Non-Christian States
102. No essential difference between Christian and other States [154]
103. International position of non-Christian States except Turkey and Japan [155]
X. The Holy See
104. The former Papal States [157]
105. The Italian Law of Guaranty [158]
106. International position of the Holy See and the Pope [159]
107. Violation of the Holy See and the Pope [161]
XI. International Persons of the Present Day
108. European States [162]
109. American States [163]
110. African States [164]
111. Asiatic States [164]
CHAPTER II
POSITION OF THE STATES WITHIN THE FAMILY OF NATIONS
I. International Personality
112. The so-called Fundamental Rights [165]
113. International Personality a Body of Qualities [166]
114. Other Characteristics of the position of the States within the Family of Nations [167]
II. Equality, Rank, and Titles
115. Legal Equality of States [168]
116. Political Hegemony of Great Powers [170]
117. Rank of States [171]
118. The Alternat [173]
119. Titles of States [173]
III. Dignity
120. Dignity a Quality [174]
121. Consequences of the Dignity of States [175]
122. Maritime Ceremonials [176]
IV. Independence and Territorial and Personal Supremacy
123. Independence and Territorial as well as Personal Supremacy as Aspects of Sovereignty [177]
124. Consequences of Independence and Territorial and Personal Supremacy [178]
125. Violations of Independence and Territorial and Personal Supremacy [179]
126. Restrictions upon Independence [180]
127. Restrictions upon Territorial Supremacy [182]
128. Restrictions upon Personal Supremacy [183]
V. Self-preservation
129. Self-preservation an excuse for violations [184]
130. What acts of self-preservation are excused [185]
131. Case of the Danish Fleet (1807) [186]
132. Case of Amelia Island [186]
133. Case of the Caroline [187]
VI. Intervention
134. Conception and Character of Intervention [188]
135. Intervention by Right [189]
136. Admissibility of Intervention in default of Right [193]
137. Intervention in the interest of Humanity [194]
138. Intervention de facto a Matter of Policy [195]
139. The Monroe Doctrine [196]
140. Merits of the Monroe Doctrine [198]
141. Intercourse a presupposition of International Personality [199]
142. Consequences of Intercourse as a presupposition of International Personality [200]
VIII. Jurisdiction
143. Jurisdiction important for the position of the States within the Family of Nations [201]
144. Restrictions upon Territorial Jurisdiction. [202]
145. Jurisdiction over Citizens abroad [202]
146. Jurisdiction on the Open Sea [203]
147. Criminal Jurisdiction over Foreigners in Foreign States [203]
CHAPTER III
RESPONSIBILITY OF STATES
I. On State Responsibility in General
148. Nature of State Responsibility [206]
149. Original and Vicarious State Responsibility [207]
150. Essential Difference between Original and Vicarious Responsibility [208]
II. State Responsibility for International Delinquencies
151. Conception of International Delinquencies [209]
152. Subjects of International Delinquencies [210]
153. State Organs able to commit International Delinquencies [211]
154. No International Delinquency without Malice or culpable Negligence [212]
155. Objects of International Delinquencies [212]
156. Legal consequences of International Delinquencies [213]
III. State Responsibility for Acts of State Organs
157. Responsibility varies with Organs concerned [214]
158. Internationally injurious Acts of Heads of States [214]
159. Internationally injurious Acts of Members of Governments [215]
160. Internationally injurious Acts of Diplomatic Envoys [215]
161. Internationally injurious Attitudes of Parliaments [216]
162. Internationally injurious Acts of Judicial Functionaries [216]
163. Internationally injurious Acts of administrative Officials and Military and Naval Forces [218]
IV. State Responsibility for Acts of Private Persons
164. Vicarious in contradistinction to Original State Responsibility for Acts of Private Persons [221]
165. Vicarious responsibility for Acts of Private Persons relative only [222]
166. Municipal Law for Offences against Foreign States [222]
167. Responsibility for Acts of Insurgents and Rioters [222]
THE OBJECTS OF THE LAW OF NATIONS
CHAPTER I
STATE TERRITORY
I. On State Territory in General
168. Conception of State Territory [229]
169. Different kinds of Territory [230]
170. Importance of State Territory [231]
171. One Territory, one State [231]
II. The different Parts of State Territory
172. Real and Fictional Parts of Territory [235]
173. Territorial Subsoil [235]
174. Territorial Atmosphere [236]
175. Inalienability of Parts of Territory [238]
III. Rivers
176. Rivers State Property of Riparian States [239]
177. Navigation on National, Boundary, and not-National Rivers [240]
178. Navigation on International Rivers [241]
178a. Utilisation of the Flow of Rivers [243]
IV. Lakes and Land-locked Seas
179. Lakes and Land-locked Seas State Property of Riparian States [245]
180. So-called International Lakes and Land-locked Seas [246]
181. The Black Sea [247]
V. Canals
182. Canals State Property of Riparian States [248]
183. The Suez Canal [249]
184. The Panama Canal [251]
VI. Maritime Belt
185. State Property of Maritime Belt contested [255]
186. Breadth of Maritime Belt [256]
187. Fisheries, Cabotage, Police, and Maritime Ceremonials within the Belt [257]
188. Navigation within the Belt [258]
189. Jurisdiction within the Belt [260]
190. Zone for Revenue and Sanitary Laws [261]
VII. Gulfs and Bays
191. Territorial Gulfs and Bays [262]
192. Non-territorial Gulfs and Bays [263]
193. Navigation and Fishery in Territorial Gulfs and Bays [265]
194. What Straits are Territorial [265]
195. Navigation, Fishery, and Jurisdiction in Straits [266]
196. The former Sound Dues [267]
197. The Bosphorus and Dardanelles [268]
IX. Boundaries of State Territory
198. Natural and Artificial Boundaries [270]
199. Boundary Waters [270]
200. Boundary Mountains [272]
201. Boundary Disputes [272]
202. Natural Boundaries sensu politico [273]
X. State Servitudes
203. Conception of State Servitudes [273]
204. Subjects of State Servitudes [276]
205. Object of State Servitudes [276]
206. Different kinds of State Servitudes [278]
207. Validity of State Servitudes [279]
208. Extinction of State Servitudes [280]
XI. Modes of acquiring State Territory
209. Who can acquire State Territory? [281]
210. Former Doctrine concerning Acquisition of Territory [282]
211. What Modes of Acquisition of Territory there are [283]
212. Original and derivative Modes of Acquisition [284]
XII. Cession
213. Conception of Cession of State Territory [285]
214. Subjects of Cession [285]
215. Object of Cession [286]
216. Form of Cession [286]
217. Tradition of the ceded Territory [288]
218. Veto of third Powers [289]
219. Plebiscite and Option [289]
XIII. Occupation
220. Conception of Occupation [291]
221. Object of Occupation [292]
222. Occupation how effected [292]
223. Inchoate Title of Discovery [294]
224. Notification of Occupation to other Powers [294]
225. Extent of Occupation [295]
226. Protectorate as Precursor of Occupation [296]
227. Spheres of influence [297]
228. Consequences of Occupation [298]
229. Conception of Accretion [299]
230. Different kinds of Accretion [299]
231. Artificial formations [299]
232. Alluvions [300]
233. Deltas [300]
234. New-born Islands [301]
235. Abandoned River-beds [302]
XV. Subjugation
236. Conception of Conquest and of Subjugation [302]
237. Subjugation in Contradistinction to Occupation [303]
238. Justification of Subjugation as a Mode of Acquisition [304]
239. Subjugation of the whole or of a part of Enemy Territory [304]
240. Consequences of Subjugation [305]
241. Veto of third Powers [307]
XVI. Prescription
242. Conception of Prescription [308]
243. Prescription how effected [309]
XVII. Loss of State Territory
244. Six modes of losing State Territory [311]
245. Operation of Nature [312]
246. Revolt [312]
247. Dereliction [313]
CHAPTER II
THE OPEN SEA
I. Rise of the Freedom of the Open Sea
248. Former Claims to Control over the Sea [315]
249. Practical Expression of claims to Maritime Sovereignty [317]
250. Grotius's Attack on Maritime Sovereignty [318]
251. Gradual recognition of the Freedom of the Open Sea [319]
II. Conception of the Open Sea
252. Discrimination between Open Sea and Territorial Waters [321]
253. Clear Instances of Parts of the Open Sea [322]
III. The Freedom of the Open Sea
254. Meaning of the Term "Freedom of the Open Sea" [323]
255. Legal Provisions for the Open Sea [324]
256. Freedom of the Open Sea and War [325]
257. Navigation and ceremonials on the Open Sea [326]
258. Claim of States to Maritime Flag [326]
259. Rationale for the Freedom of the Open Sea [327]
IV. Jurisdiction on the Open Sea
260. Jurisdiction on the Open Sea mainly connected with Flag [329]
261. Claim of Vessels to sail under a certain Flag [329]
262. Ship Papers [331]
263. Names of Vessels [332]
264. Territorial Quality of Vessels on the Open Sea [332]
265. Safety of Traffic on the Open Sea [333]
266. Powers of Men-of-war over Merchantmen of all Nations [335]
267. How Verification of Flag is effected [337]
268. How Visit is effected [337]
269. How Search is effected [338]
270. How Arrest is effected [338]
271. Shipwreck and Distress on the Open Sea [339]
V. Piracy
272. Conception of Piracy [340]
273. Private Ships as Subjects of Piracy [341]
274. Mutinous Crew and Passengers as Subjects of Piracy [343]
275. Object of Piracy [344]
276. Piracy, how effected [344]
277. Where Piracy can be committed [345]
278. Jurisdiction over Pirates and their Punishment [345]
279. Pirata non mutat dominium [346]
280. Piracy according to Municipal Law [347]
VI. Fisheries in the Open Sea
281. Fisheries in the Open Sea free to all Nations [348]
282. Fisheries in the North Sea [349]
283. Bumboats in the North Sea [351]
284. Seal Fisheries in Behring Sea [351]
285. Fisheries around the Faröe Islands and Iceland [353]
VII. Telegraph Cables in the Open Sea
286. Telegraph Cables in the Open Sea admitted [353]
287. International Protection of Submarine Telegraph Cables [354]
VIII. Wireless Telegraphy on the Open Sea
287a. Radiotelegraphy between Ships and the Shore [355]
287b. Radiotelegraphy between Ships at Sea [356]
IX. The Subsoil beneath the Sea Bed
287c. Five Rules concerning the Subsoil beneath the Sea Bed [357]
287d. The Proposed Channel Tunnel [359]
INDIVIDUALS
I. Position of Individuals in International Law
288. Importance of Individuals to the Law of Nations [362]
289. Individuals never Subjects of the Law of Nations [362]
290. Individuals Objects of the Law of Nations [365]
291. Nationality the Link between Individuals and the Law of Nations [366]
292. The Law of Nations and the Rights of Mankind [367]
II. Nationality
293. Conception of Nationality [369]
294. Function of Nationality [370]
295. So-called Protégés and de facto Subjects [371]
296. Nationality and Emigration [373]
III. Modes of Acquiring and Losing Nationality
297. Five Modes of Acquisition of Nationality [374]
298. Acquisition of Nationality by Birth [375]
299. Acquisition of Nationality through Naturalisation [375]
300. Acquisition of Nationality through Redintegration [376]
301. Acquisition of Nationality through Subjugation and Cession [377]
302. Seven Modes of losing Nationality [377]
IV. Naturalisation in Especial
303. Conception and Importance of Naturalisation [379]
304. Object of Naturalisation [380]
305. Conditions of Naturalisation [380]
306. Effect of Naturalisation upon previous Citizenship [381]
307. Naturalisation in Great Britain [382]
V. Double and Absent Nationality
308. Possibility of Double and Absent Nationality [383]
309. How Double Nationality occurs [384]
310. Position of Individuals with Double Nationality [385]
311. How Absent Nationality occurs [387]
312. Position of Individuals destitute of Nationality [387]
313. Redress against Difficulties arising from Double and Absent Nationality [388]
VI. Reception of Aliens and Right of Asylum
314. No Obligation to admit Aliens [390]
315. Reception of Aliens under conditions [392]
316. So-called Right of Asylum [392]
VII. Position of Aliens after Reception
317. Aliens subjected to Territorial Supremacy [393]
318. Aliens in Eastern Countries [395]
319. Aliens under the Protection of their Home State [395]
320. Protection to be afforded to Aliens' Persons and Property [397]
321. How far Aliens can be treated according to Discretion [397]
322. Departure from the Foreign Country [398]
VIII. Expulsion of Aliens
323. Competence to expel Aliens [399]
324. Just Causes of Expulsion of Aliens [400]
325. Expulsion how effected [402]
326. Reconduction in Contradistinction to Expulsion [402]
IX. Extradition
327. Extradition no legal duty [403]
328. Extradition Treaties how arisen [404]
329. Municipal Extradition Laws [405]
330. Object of Extradition [407]
331. Extraditable Crimes [408]
332. Effectuation and Condition of Extradition [409]
X. Principle of Non-Extradition of Political Criminals
333. How Non-extradition of Political Criminals became the Rule [411]
334. Difficulty concerning the Conception of Political Crime [414]
335. The so-called Belgian Attentat Clause [416]
336. The Russian Project of 1881 [416]
337. The Swiss Solution of the Problem in 1892 [417]
338. Rationale for the Principle of Non-extradition of Political Criminals [418]
339. How to avoid Misapplication of the Principle of Non-extradition of Political Criminals [420]
340. Reactionary Extradition Treaties [422]
PART III
ORGANS OF THE STATES FOR THEIR INTERNATIONAL RELATIONS
CHAPTER I
HEADS OF STATES AND FOREIGN OFFICES
I. Position of Heads of States according to International Law
341. Necessity of a Head for every State [425]
342. Recognition of Heads of States [425]
343. Competence of Heads of States [426]
344. Heads of States Objects of the Law of Nations [427]
345. Honours and Privileges of Heads of States [428]
346. Sovereignty of Monarchs [428]
347. Consideration due to Monarchs at home [429]
348. Consideration due to Monarchs abroad [429]
349. The Retinue of Monarchs abroad [431]
350. Monarchs travelling incognito [431]
351. Deposed and Abdicated Monarchs [432]
352. Regents [432]
353. Monarchs in the service or subjects of Foreign Powers [432]
III. Presidents of Republics
354. Presidents not Sovereigns [433]
355. Position of Presidents in general [434]
356. Position of Presidents abroad [434]
IV. Foreign Offices
357. Position of the Secretary for Foreign Affairs [435]
CHAPTER II
DIPLOMATIC ENVOYS
I. The Institution of Legation
358. Development of Legations [437]
359. Diplomacy [438]
II. Right of Legation
360. Conception of Right of Legation [440]
361. What States possess the Right of Legation [441]
362. Right of Legation by whom exercised [442]
III. Kinds and Classes of Diplomatic Envoys
363. Envoys Ceremonial and Political [443]
364. Classes of Diplomatic Envoys [443]
365. Ambassadors [444]
366. Ministers Plenipotentiary and Envoys Extraordinary [445]
367. Ministers Resident [445]
368. Chargés d'Affaires [445]
369. The Diplomatic Corps [446]
IV. Appointment of Diplomatic Envoys
370. Person and Qualification of the Envoy [446]
371. Letter of Credence, Full Powers, Passports [447]
372. Combined Legations [448]
373. Appointment of several Envoys [448]
V. Reception of Diplomatic Envoys
374. Duty to receive Diplomatic Envoys [449]
375. Refusal to receive a certain Individual [450]
376. Mode and Solemnity of Reception [451]
377. Reception of Envoys to Congresses and Conferences [452]
VI. Functions of Diplomatic Envoys
378. On Diplomatic Functions in general [453]
379. Negotiation [453]
380. Observation [454]
381. Protection [454]
382. Miscellaneous Functions [454]
383. Envoys not to interfere in Internal Politics [455]
VII. Position of Diplomatic Envoys
384. Diplomatic Envoys objects of International Law [455]
385. Privileges due to Diplomatic Envoys [456]
VIII. Inviolability of Diplomatic Envoys
386. Protection due to Diplomatic Envoys [457]
387. Exemption from Criminal Jurisdiction [458]
388. Limitation of Inviolability [459]
IX. Exterritoriality of Diplomatic Envoys
389. Reason and Fictional Character of Exterritoriality [460]
390. Immunity of Domicile [461]
391. Exemption from Criminal and Civil Jurisdiction [464]
392. Exemption from Subpœna as witness [465]
393. Exemption from Police [466]
394. Exemption from Taxes and the like [467]
395. Right of Chapel [467]
396. Self-jurisdiction [468]
X. Position of Diplomatic Envoys as regards Third States
397. Possible Cases [469]
398. Envoy travelling through Territory of third State [469]
399. Envoy found by Belligerent on occupied Enemy Territory [471]
400. Envoy interfering with affairs of a third State [472]
XI. The Retinue of Diplomatic Envoys
401. Different Classes of Members of Retinue [472]
402. Privileges of Members of Legation [473]
403. Privileges of Private Servants [474]
404. Privileges of Family of Envoy [474]
405. Privileges of Couriers of Envoy [475]
XII. Termination of Diplomatic Mission
406. Termination in contradistinction to Suspension [476]
407. Accomplishment of Object of Mission [476]
408. Expiration of Letter of Credence [477]
409. Recall [477]
410. Promotion to a higher Class [478]
411. Delivery of Passports [478]
412. Request for Passports [478]
413. Outbreak of War [479]
414. Constitutional Changes [479]
415. Revolutionary Changes of Government [479]
416. Extinction of sending or receiving State [480]
417. Death of Envoy [480]
CHAPTER III
CONSULS
I. The Institution of Consuls
418. Development of the Institution of Consuls [482]
419. General Character of Consuls [484]
II. Consular Organisation
420. Different kinds of Consuls [485]
421. Consular Districts [485]
422. Different classes of Consuls [486]
423. Consuls subordinate to Diplomatic Envoys [487]
III. Appointment of Consuls
424. Qualification of Candidates [487]
425. No State obliged to admit Consuls [488]
426. What kind of States can appoint Consuls [488]
427. Mode of Appointment and of Admittance [489]
428. Appointment of Consuls includes Recognition [489]
IV. Functions of Consuls
429. On Consular Functions in general [490]
430. Fosterage of Commerce and Industry [491]
431. Supervision of Navigation [491]
432. Protection [492]
433. Notarial Functions [492]
V. Position and Privileges of Consuls
434. Position [493]
435. Consular Privileges [494]
VI. Termination of Consular Office
436. Undoubted Causes of Termination [496]
437. Doubtful Causes of Termination [496]
438. Change in the Headship of States no cause of Termination [496]
VII. Consuls in non-Christian States
439. Position of Consuls in non-Christian States [497]
440. Consular Jurisdiction in non-Christian States [498]
441. International Courts in Egypt [498]
442. Exceptional Character of Consuls in non-Christian States [499]
CHAPTER IV
MISCELLANEOUS AGENCIES
I. Armed Forces on Foreign Territory
443. Armed Forces State Organs [500]
444. Occasions for Armed Forces abroad [500]
445. Position of Armed Forces abroad [501]
446. Case of McLeod [501]
446a. The Casa Blanca incident [502]
II. Men-of-war in Foreign Waters
447. Men-of-war State Organs [504]
448. Proof of Character as Men-of-war [505]
449. Occasions for Men-of-war abroad [505]
450. Position of Men-of-war in foreign waters [506]
451. Position of Crew when on Land abroad [508]
III. Agents without Diplomatic or Consular Character
452. Agents lacking diplomatic or consular character [509]
453. Public Political Agents [509]
454. Secret Political Agents [510]
455. Spies [510]
456. Commissaries [511]
457. Bearers of Despatches [511]
IV. International Commissions
458. Permanent in Contradistinction to Temporary Commissions [512]
459. Commissions in the interest of Navigation [513]
460. Commissions in the interest of Sanitation [515]
461. Commissions in the interest of Foreign Creditors [515]
462. Permanent Commission concerning Sugar [515]
V. International Offices
463. Character of International Offices [515]
464. International Telegraph Offices [516]
465. International Post Office [516]
466. International Office of Weights and Measures [516]
467. International Office for the Protection of Works of Literature and Art and of Industrial Property [516]
467a. The Pan-American Union [517]
468. Maritime Office at Zanzibar and Bureau Spécial at Brussels [517]
469. International Office of Customs Tariffs [517]
470. Central Office of International Transports [517]
471. Permanent Office of the Sugar Convention [517]
471a. Agricultural Institute [518]
471b. International Health Office [518]
VI. The International Court of Arbitration
472. Organisation of Court in General [518]
473. The Permanent Council [518]
474. The International Bureau [519]
475. The Court of Arbitration [519]
476. The Deciding Tribunal [520]
VII. The International Prize Court and the proposed International Court of Justice
476a. The International Prize Court [522]
476b. The proposed International Court of Justice [524]
PART IV
INTERNATIONAL TRANSACTIONS
CHAPTER I
ON INTERNATIONAL TRANSACTIONS IN GENERAL
I. Negotiation
477. Conception of Negotiation [529]
478. Parties to Negotiation [529]
479. Purpose of Negotiation [530]
480. Negotiations by whom conducted [531]
481. Form of Negotiation [531]
482. End and Effect of Negotiation [532]
II. Congresses and Conferences
483. Conception of Congresses and Conferences [533]
484. Parties to Congresses and Conferences [534]
485. Procedure at Congresses and Conferences [535]
III. Transactions besides Negotiation
486. Different kinds of Transaction [536]
487. Declaration [536]
488. Notification [537]
489. Protest [538]
490. Renunciation [539]
CHAPTER II
TREATIES
I. Character and Function of Treaties
491. Conception of Treaties [540]
492. Different kinds of Treaties [540]
493. Binding Force of Treaties [541]
II. Parties to Treaties
494. The Treaty-making Power [543]
495. Treaty-making Power exercised by Heads of States [544]
496. Minor Functionaries exercising Treaty-making Power [545]
497. Constitutional Restrictions [545]
498. Mutual Consent of the Contracting Parties [546]
499. Freedom of Action of Consenting Representatives [547]
500. Delusion and Error in Contracting Parties [547]
III. Objects of Treaties
501. Objects in general of Treaties [548]
502. Obligations of Contracting Parties only can be Object [548]
503. An Obligation inconsistent with other Obligations cannot be an Object [549]
504. Object must be physically possible [549]
505. Immoral Obligations [549]
506. Illegal Obligations [550]
IV. Form and Parts of Treaties
507. No necessary Form of Treaties [550]
508. Acts, Conventions, Declarations [551]
509. Parts of Treaties [552]
V. Ratification of Treaties
510. Conception and Function of Ratification [553]
511. Rationale for the Institution of Ratification [554]
512. Ratification regularly, but not absolutely, necessary [554]
513. Length of Time for Ratification [555]
514. Refusal of Ratification [556]
515. Form of Ratification [557]
516. Ratification by whom effected [558]
517. Ratification cannot be partial and conditional [559]
518. Effect of Ratification [561]
519. Effect of Treaties upon Contracting Parties [561]
520. Effect of Treaties upon the Subjects of the Parties [562]
521. Effect of Changes in Government upon Treaties [562]
522. Effect of Treaties upon Third States [563]
VII. Means of Securing Performance of Treaties
523. What means have been in use [565]
524. Oaths [565]
525. Hostages [566]
526. Pledge [566]
527. Occupation of Territory [566]
528. Guarantee [567]
VIII. Participation of Third States in Treaties
529. Interest and Participation to be distinguished [567]
530. Good Offices and Mediation [568]
531. Intervention [568]
532. Accession [568]
533. Adhesion [569]
IX. Expiration and Dissolution of Treaties
534. Expiration and Dissolution in Contradistinction to Fulfilment [570]
535. Expiration through Expiration of Time [570]
536. Expiration through Resolutive Condition [571]
537. Mutual Consent [571]
538. Withdrawal by Notice [571]
539. Vital Change of Circumstances [572]
X. Voidance of Treaties
540. Grounds of Voidance [576]
541. Extinction of one of the two Contracting Parties [576]
542. Impossibility of Execution [577]
543. Realisation of Purpose of Treaty other than by Fulfilment [577]
544. Extinction of such Object as was concerned in a Treaty [577]
XI. Cancellation of Treaties
545. Grounds of Cancellation [578]
546. Inconsistency with subsequent International Law [578]
547. Violation by one of the Contracting Parties [579]
548. Subsequent Change of Status of one of the Contracting Parties [579]
549. War [580]
XII. Renewal, Reconfirmation, and Redintegration of Treaties
550. Renewal of Treaties [580]
551. Reconfirmation [581]
552. Redintegration [581]
XIII. Interpretation of Treaties
553. Authentic Interpretation, and the Compromise Clause [582]
554. Rules of Interpretation which recommend themselves [583]
CHAPTER III
IMPORTANT GROUPS OF TREATIES
I. Important Law-making Treaties
555. Important Law-making Treaties a product of the Nineteenth Century [587]
556. Final Act of the Vienna Congress [588]
557. Protocol of the Congress of Aix-la-Chapelle [588]
558. Treaty of London of 1831 [588]
559. Declaration of Paris [588]
560. Geneva Convention [589]
561. Treaty of London of 1867 [589]
562. Declaration of St. Petersburg [590]
563. Treaty of Berlin of 1878 [590]
564. General Act of the Congo Conference [590]
565. Treaty of Constantinople of 1888 [591]
566. General Act of the Brussels Anti-Slavery Conference [591]
567. Two Declarations of the First Hague Peace Conference [591]
568. Treaty of Washington of 1901 [592]
568a. Conventions and Declaration of the Second Hague Peace Conference [592]
568b. The Declaration of London [595]
II. Alliances
569. Conception of Alliances [595]
570. Parties to Alliances [597]
571. Different kinds of Alliances [597]
572. Conditions of Alliances [598]
573. Casus Fœderis [599]
III. Treaties of Guarantee and of Protection
574. Conception and Objects of Guarantee Treaties [599]
575. Effect of Treaties of Guarantee [600]
576. Effect of Collective Guarantee [601]
576a. Pseudo-Guarantees [602]
577. Treaties of Protection [604]
IV. Commercial Treaties
578. Commercial Treaties in General [605]
579. Meaning of Coasting-trade in Commercial Treaties [606]
580. Meaning of Most-favoured-nation Clause [610]
V. Unions Concerning Common Non-Political Interests
581. Object of the Unions [612]
582. Post and Telegraphs [613]
583. Transport and Communication [614]
584. Copyright [615]
585. Commerce and Industry [616]
586. Agriculture [617]
587. Welfare of Working Classes [618]
588. Weights, Measures, Coinage [619]
589. Official Publications [620]
590. Sanitation [620]
591. Pharmacopœia [622]
592. Humanity [622]
593. Preservation of Animal World [623]
594. Private International Law [623]
595. American Republics [624]
596. Science [625]
INDEX [627]