CONTENTS OF THE SECOND VOLUME
PART I
CHAPTER I
AMICABLE SETTLEMENT OF STATE DIFFERENCES
I. State Differences and their Amicable Settlement in General
SECT. PAGE
1. Legal and political International Differences [3]
2. International Law not exclusively concerned with Legal Differences [4]
3. Amicable in contradistinction to compulsive settlement of Differences [4]
II. Negotiation
4. In what Negotiation consists [6]
5. International Commissions of Inquiry [6]
6. Effect of Negotiation [9]
III. Good Offices and Mediation
7. Occasions for Good Offices and Mediation [10]
8. Right and Duty of offering, requesting, and rendering Good Offices and Mediation [10]
9. Good Offices in contradistinction to Mediation [11]
10. Good Offices and Mediation according to the Hague Arbitration Convention [12]
11. Value of Good Offices and Mediation [14]
IV. Arbitration
12. Conception of Arbitration [16]
13. Treaty of Arbitration [16]
14. Who is to Arbitrate? [17]
15. On what principles Arbitrators proceed and decide [18]
16. Binding force of Arbitral Verdict [18]
17. What differences can be decided by Arbitration [19]
18. Value of Arbitration [22]
V. Arbitration according to the Hague Convention
19. Arbitral Justice in general [23]
20. Arbitration Treaty and appointment of Arbitrators [26]
21. Procedure of and before the Arbitral Tribunal [27]
22. Arbitral Award [30]
23. Binding force of Awards [30]
24. Award binding upon Parties only [31]
25. Costs of Arbitration [32]
25a. Arbitration by Summary Procedure [32]
CHAPTER II
COMPULSIVE SETTLEMENT OF STATE DIFFERENCES
I. On Compulsive Means of Settlement of State Differences in General
26. Conception and kinds of Compulsive Means of Settlement [34]
27. Compulsive Means in contradistinction to War [34]
28. Compulsive Means in contradistinction to an Ultimatum and Demonstrations [35]
II. Retorsion
29. Conception and Character of Retorsion [36]
30. Retorsion, when justified [37]
31. Retorsion, how exercised [37]
32. Value of Retorsion [38]
III. Reprisals
33. Conception of Reprisals in contradistinction to Retorsion [38]
34. Reprisals admissible for all International Delinquencies [39]
35. Reprisals admissible for International Delinquencies only [40]
36. Reprisals, by whom performed [41]
37. Objects of Reprisals [42]
38. Positive and Negative Reprisals [44]
39. Reprisals must be proportionate [44]
40. Embargo [44]
41. Reprisals to be preceded by Negotiations and to be stopped when Reparation is made [46]
42. Reprisals during Peace in contradistinction to Reprisals during War [46]
43. Value of Reprisals [46]
IV. Pacific Blockade
44. Development of practice of Pacific Blockade [48]
45. Admissibility of Pacific Blockade [50]
46. Pacific Blockade and vessels of third States [51]
47. Pacific Blockade and vessels of the blockaded State [52]
48. Manner of Pacific Blockade [52]
49. Value of Pacific Blockade [53]
V. Intervention
50. Intervention in contradistinction to Participation in a difference [54]
51. Mode of Intervention [55]
52. Time of Intervention [55]
PART II
WAR
CHAPTER I
ON WAR IN GENERAL
I. Characteristics of War
53. War no illegality [59]
54. Conception of War [60]
55. War a contention [61]
56. War a contention between States [62]
57. War a contention between States through armed forces [63]
58. War a contention between States for the purpose of overpowering each other [67]
59. Civil War [68]
60. Guerilla War [70]
II. Causes, Kinds, and Ends of War
61. Rules of Warfare independent of Causes of War [72]
62. Causes of War [73]
63. Just Causes of War [74]
64. Causes in contradistinction to Pretexts for War [75]
65. Different kinds of War [76]
66. Ends of War [76]
III. The Laws of War
67. Origin of the Laws of War [78]
68. The latest Development of the Laws of War [79]
69. Binding force of the Laws of War [83]
IV. The Region of War
70. Region of War in contradistinction to Theatre of War [85]
71. Particular Region of every War [86]
72. Exclusion from Region of War through Neutralisation [88]
73. Asserted exclusion of the Baltic Sea from the Region of War [90]
V. The Belligerents
74. Qualification to become a Belligerent (facultas bellandi) [90]
75. Possibility in contradistinction to qualification to become a Belligerent [91]
76. Insurgents as a Belligerent Power [92]
77. Principal and accessory Belligerent Parties [93]
VI. The Armed Forces of the Belligerents
78. Regular Armies and Navies [94]
79. Non-combatant Members of Armed Forces [95]
80. Irregular Forces [96]
81. Levies en masse [97]
82. Barbarous Forces [98]
83. Privateers [99]
84. Converted Merchantmen [100]
85. The Crews of Merchantmen [104]
86. Deserters and Traitors [106]
VII. Enemy Character
87. On Enemy Character in general [106]
88. Enemy Character of Individuals [108]
89. Enemy Character of Vessels [112]
90. Enemy Character of Goods [115]
91. Transfer of Enemy Vessels [117]
92. Transfer of Goods on Enemy Vessels [119]
CHAPTER II
THE OUTBREAK OF WAR
I. Commencement of War
93. Commencement of War in General [121]
94. Declaration of War [123]
95. Ultimatum [125]
96. Initiative hostile Acts of War [126]
II. Effects of the Outbreak of War
97. General Effects of the Outbreak of War [128]
98. Rupture of Diplomatic Intercourse and Consular Activity [129]
99. Cancellation of Treaties [129]
100. Precarious position of Belligerents' subjects on Enemy Territory [131]
100a. Persona standi in judicio on Enemy Territory 133
101. Intercourse, especially Trading, between Subjects of Belligerents [135]
102. Position of Belligerents' Property in the Enemy State [139]
102a. Effect of the Outbreak of War on Merchantmen [140]
CHAPTER III
WARFARE ON LAND
I. On Land Warfare in General
103. Aims and Means of Land Warfare [144]
104. Lawful and Unlawful Practices of Land Warfare [144]
105. Objects of the Means of Warfare [145]
106. Land Warfare in contradistinction to Sea Warfare [145]
II. Violence against Enemy Persons
107. On Violence in general against Enemy Persons [146]
108. Killing and Wounding of Combatants [146]
109. Refusal of Quarter [147]
110. Lawful and Unlawful Means of killing and wounding Combatants [148]
111. Explosive Bullets [149]
112. Expanding (Dum-Dum) Bullets [149]
113. Projectiles diffusing Asphyxiating or Deleterious Gases [150]
114. Violence directed from Air-Vessels [150]
115. Violence against non-combatant Members of Armed Forces [151]
116. Violence against Private Enemy Persons [151]
117. Violence against the Head of the Enemy State and against Officials in Important Positions [153]
III. Treatment of Wounded, and Dead Bodies
118. Origin of Geneva Convention [154]
119. The Wounded and the Sick [157]
120. Medical Units and Establishments, and Material [158]
121. Personnel [159]
122. Convoys of Evacuation [160]
123. Distinctive Emblem [161]
124. Treatment of the Dead [162]
124a. Application of the Geneva Convention, and Prevention of Abuses [163]
124b. General provisions of the Geneva Convention [164]
IV. Captivity
125. Development of International Law regarding Captivity [165]
126. Treatment of Prisoners of War [167]
127. Who may claim to be Prisoners of War [169]
128. Discipline [169]
129. Release on Parole [170]
130. Bureau of Information [171]
131. Relief Societies [171]
132. End of Captivity [172]
V. Appropriation and Utilisation of Public Enemy Property
133. Appropriation of all the Enemy Property no longer admissible [174]
134. Immoveable Public Property [174]
135. Immoveable Property of Municipalities, and of Religious, Charitable, and the like Institutions [175]
136. Utilisation of Public Buildings [175]
137. Moveable Public Property [176]
138. Moveable Property of Municipalities, and of Religious, Charitable, and the like Institutions [177]
139. Booty on the Battlefield [177]
VI. Appropriation and Utilisation of Private Enemy Property
140. Immoveable Private Property [179]
141. Private War Material and Means of Transport [180]
142. Works of Art and Science, Historical Monuments [180]
143. Other Private Personal Property [180]
144. Booty on the Battlefield [181]
145. Private Enemy Property brought into a Belligerent's Territory [182]
VII. Requisitions and Contributions
146. War must support War [183]
147. Requisitions in Kind, and Quartering [185]
148. Contributions [186]
VIII. Destruction of Enemy Property
149. Wanton destruction prohibited [187]
150. Destruction for the purpose of Offence and Defence [188]
151. Destruction in marching, reconnoitring, and conducting Transport [188]
152. Destruction of Arms, Ammunition, and Provisions [189]
153. Destruction of Historical Monuments, Works of Art, and the like [189]
154. General Devastation [190]
IX. Assault, Siege, and Bombardment
155. Assault, Siege, and Bombardment, when lawful [191]
156. Assault, how carried out [193]
157. Siege, how carried out [193]
158. Bombardment, how carried out [194]
X. Espionage and Treason
159. Twofold Character of Espionage and Treason [196]
160. Espionage in contradistinction to Scouting and Despatch-bearing [197]
161. Punishment of Espionage [198]
162. Treason [199]
XI. Ruses
163. Character of Ruses of War [200]
164. Different kinds of Stratagems [201]
165. Stratagems in contradistinction to Perfidy [202]
XII. Occupation of Enemy Territory
166. Occupation as an Aim of Warfare [204]
167. Occupation, when effected [206]
168. Occupation, when ended [210]
169. Rights and Duties in General of the Occupant [210]
170. Rights of the Occupant regarding the Inhabitants [211]
171. Position of Government Officials and Municipal Functionaries during Occupation [213]
172. Position of Courts of Justice during Occupation [214]
CHAPTER IV
WARFARE ON SEA
I. On Sea Warfare in General
173. Aims and Means of Sea Warfare [216]
174. Lawful and Unlawful Practices of Sea Warfare [217]
175. Objects of the Means of Sea Warfare [218]
176. Development of International Law regarding Private Property on Sea [218]
177. Declaration of Paris [220]
178. The Principle of Appropriation of Private Enemy Vessels and Enemy Goods thereon [221]
179. Impending Codification of Law of Sea Warfare [224]
II. Attack and Seizure of Enemy Vessels
180. Importance of Attack and Seizure of Enemy Vessels [225]
181. Attack, when legitimate [225]
182. Attack, how effected [226]
182a. Submarine Contact Mines [227]
183. Duty of giving Quarter [231]
184. Seizure [231]
185. Effect of Seizure [231]
186. Immunity of Vessels charged with Religious, Scientific, or Philanthropic Mission [232]
187. Immunity of Fishing-boats and small boats employed in local Trade [234]
188. Immunity of Merchantmen at the Outbreak of War on their Voyage to and from a Belligerent's Port [235]
189. Vessels in Distress [236]
190. Immunity of Hospital and Cartel Ships [236]
191. Immunity of Mail-boats and Mail-bags [236]
III. Appropriation, and Destruction of Enemy Merchantmen
192. Prize Courts [238]
193. Conduct of Prize to Port of Prize Court [241]
194. Destruction of Prize [242]
195. Ransom of Prize [245]
196. Loss of Prize, especially Recapture [246]
197. Fate of Prize [247]
198. Vessels belonging to Subjects of Neutral States, but sailing under Enemy Flag [248]
199. Effect of Sale of Enemy Vessels during War [248]
200. Goods sold by and to Enemy Subjects during War [249]
IV. Violence against Enemy Persons
201. Violence against Combatants [249]
202. Violence against Non-combatant Members of Naval Forces [250]
203. Violence against Enemy Individuals not belonging to the Naval Forces [251]
V. Treatment of Wounded and Shipwrecked
204. Adaptation of Geneva Convention to Sea Warfare [252]
205. The Wounded, Sick, and Shipwrecked [253]
205a. Treatment of the Dead [254]
206. Hospital Ships [254]
206a. Hospital Ships in Neutral Ports [256]
206b. Sick-Bays [257]
207. Distinctive Colour and Emblem of Hospital Ships [258]
208. Neutral Vessels assisting the Wounded, Sick, or Shipwrecked [259]
209. The Religious, Medical, and Hospital Staff [260]
209a. Application of Convention X., and Prevention of Abuses [260]
209b. General Provisions of Convention X. [261]
VI. Espionage, Treason, Ruses
210. Espionage and Treason [262]
211. Ruses [262]
VII. Requisitions, Contributions, Bombardment
212. Requisitions and Contributions upon Coast Towns [264]
213. Bombardment of the Enemy Coast [266]
VIII. Interference with Submarine Telegraph Cables
214. Uncertainty of Rules concerning Interference with Submarine Telegraph Cables [271]
CHAPTER V
NON-HOSTILE RELATIONS OF BELLIGERENTS
I. On non-hostile Relations in General between Belligerents
215. Fides etiam hosti servanda [273]
216. Different kinds of Non-hostile Relations [274]
217. Licences to Trade [275]
II. Passports, Safe-conducts, Safeguards
218. Passports and Safe-conducts [276]
219. Safeguards [277]
III. Flags of Truce
220. Meaning of Flags of Truce [278]
221. Treatment of Unadmitted Flag-bearers [279]
222. Treatment of Admitted Flag-bearers [279]
223. Abuse of Flag of Truce [281]
IV. Cartels
224. Definition and Purpose of Cartels [282]
225. Cartel Ships [283]
V. Capitulations
226. Character and Purpose of Capitulations [284]
227. Contents of Capitulations [285]
228. Form of Capitulations [286]
229. Competence to conclude Capitulations [287]
230. Violation of Capitulations [289]
VI. Armistices
231. Character and Kinds of Armistices [290]
232. Suspensions of Arms [291]
233. General Armistices [291]
234. Partial Armistices [293]
235. Competence to conclude Armistices [293]
236. Form of Armistices [294]
237. Contents of Armistices [294]
238. Commencement of Armistices [296]
239. Violation of Armistices [297]
240. End of Armistices [299]
CHAPTER VI
MEANS OF SECURING LEGITIMATE WARFARE
I. On Means in General of securing Legitimate Warfare
241. Legitimate and Illegitimate Warfare [300]
242. How Legitimate Warfare is on the whole secured [301]
II. Complaints, Good Offices and Mediation, Intervention
243. Complaints lodged with the Enemy [302]
244. Complaints lodged with Neutrals [303]
245. Good Offices and Mediation [303]
246. Intervention on the part of Neutrals [304]
III. Reprisals
247. Reprisals between Belligerents in contradistinction to Reprisals in time of Peace [305]
248. Reprisals admissible for every Illegitimate Act of Warfare [305]
249. Danger of Arbitrariness in Reprisals [306]
250. Proposed Restriction of Reprisals [308]
IV. Punishment of War Crimes
251. Conception of War Crimes [309]
252. Different kinds of War Crimes [310]
253. Violations of Rules regarding Warfare [310]
254. Hostilities in Arms by Private Individuals [312]
255. Espionage and War Treason [313]
256. Marauding [316]
257. Mode of Punishment of War Crimes [316]
V. Taking of Hostages
258. Former Practice of taking Hostages [317]
259. Modern Practice of taking Hostages [317]
VI. Compensation
259a. How the Principle of Compensation for Violations of the Laws of War arose [319]
259b. Compensation for Violations of the Hague Regulations [320]
CHAPTER VII
END OF WAR, AND POSTLIMINIUM
I. On Termination of War in General
260. War a Temporary Condition [322]
261. Three Modes of Termination of War [322]
II. Simple Cessation of Hostilities
262. Exceptional Occurrence of simple Cessation of Hostilities [323]
263. Effect of Termination of War through simple Cessation of Hostilities [324]
III. Subjugation
264. Subjugation in contradistinction to Conquest [325]
265. Subjugation a formal End of War [326]
IV. Treaty of Peace
266. Treaty of Peace the most frequent End of War [327]
267. Peace Negotiations [328]
268. Preliminaries of Peace [329]
269. Form and Parts of Peace Treaties [330]
270. Competence to conclude Peace [330]
271. Date of Peace [331]
V. Effects of Treaty of Peace
272. Restoration of Condition of Peace [332]
273. Principle of Uti Possidetis [334]
274. Amnesty [334]
275. Release of Prisoners of War [335]
276. Revival of Treaties [336]
VI. Performance of Treaty of Peace
277. Treaty of Peace, how to be carried out [337]
278. Breach of Treaty of Peace [338]
VII. Postliminium
279. Conception of Postliminium [339]
280. Postliminium according to International Law, in contradistinction to Postliminium according to Municipal Law [340]
281. Revival of the Former Condition of Things [341]
282. Validity of Legitimate Acts [342]
283. Invalidity of Illegitimate Acts [343]
284. No Postliminium after Interregnum [343]
PART III
NEUTRALITY
CHAPTER I
ON NEUTRALITY IN GENERAL
I. Development of the Institution of Neutrality
285. Neutrality not practised in Ancient Times [347]
286. Neutrality during the Middle Ages [348]
287. Neutrality during the Seventeenth Century [349]
288. Progress of Neutrality during the Eighteenth Century [350]
289. First Armed Neutrality [352]
290. The French Revolution and the Second Armed Neutrality [354]
291. Neutrality during the Nineteenth Century [357]
292. Neutrality in the Twentieth Century [359]
II. Characteristics of Neutrality
293. Conception of Neutrality [361]
294. Neutrality an Attitude of Impartiality [362]
295. Neutrality an Attitude creating Rights and Duties [363]
296. Neutrality an Attitude of States [363]
297. No Cessation of Intercourse during Neutrality between Neutrals and Belligerents [365]
298. Neutrality an Attitude during War (Neutrality in Civil War) [365]
299. Neutrality to be recognised by the Belligerents [367]
III. Different Kinds of Neutrality
300. Perpetual Neutrality [368]
301. General and Partial Neutrality [369]
302. Voluntary and Conventional Neutrality [369]
303. Armed Neutrality [369]
304. Benevolent Neutrality [370]
305. Perfect and Qualified Neutrality [370]
306. Some Historical Examples of Qualified Neutrality [371]
IV. Commencement and End of Neutrality
307. Neutrality commences with Knowledge of the War [373]
308. Commencement of Neutrality in Civil War [374]
309. Establishment of Neutrality by Declarations [374]
310. Municipal Neutrality Laws [375]
311. British Foreign Enlistment Act [375]
312. End of Neutrality [377]
CHAPTER II
RELATIONS BETWEEN BELLIGERENTS AND NEUTRALS
I. Rights and Duties deriving from Neutrality
313. Conduct in General of Neutrals and Belligerents [378]
314. What Rights and Duties of Neutrals and of Belligerents there are [378]
315. Rights and Duties of Neutrals contested [379]
316. Contents of Duty of Impartiality [381]
317. Duty of Impartiality continuously growing more intense [382]
317a. Neutrality Conventions of the Second Peace Conference [383]
318. Contents of Duty of Belligerents to treat Neutrals in accordance with their Impartiality [384]
319. Contents of Duty not to suppress Intercourse between Neutrals and the Enemy [385]
II. Neutrals and Military Operations
320. Hostilities by and against Neutrals [386]
321. Furnishing Troops and Men-of-War to Belligerents [389]
322. Subjects of Neutrals fighting among Belligerent Forces [390]
323. Passage of Troops and War Material through Neutral Territory [391]
324. Passage of Wounded through Neutral Territory [392]
325. Passage of Men-of-War [393]
326. Occupation of Neutral Territory by Belligerents [394]
327. Prize Courts on Neutral Territory [395]
328. Belligerent's Prizes in Neutral Ports [395]
III. Neutrals and Military Preparations
329. Depôts and Factories on Neutral Territory [397]
330. Levy of Troops, and the like [398]
331. Passage of Bodies of Men intending to Enlist [399]
332. Organisation of Hostile Expeditions [400]
333. Use of Neutral Territory as Base of Naval Operations [400]
334. Building and Fitting-out of Vessels intended for Naval Operations [405]
335. The Alabama Case and the Three Rules of Washington [406]
IV. Neutral Asylum to Land Forces and War Material
336. On Neutral Asylum in General [409]
337. Neutral Territory and Prisoners of War [410]
338. Fugitive Soldiers on Neutral Territory [413]
339. Neutral Territory and Fugitive Troops [413]
340. Neutral Territory and Non-combatant Members of Belligerent Forces [415]
341. Neutral Territory and War Material of Belligerents [415]
V. Neutral Asylum to Naval Forces
342. Asylum to Naval Forces in contradistinction to Asylum to Land Forces [417]
343. Neutral Asylum to Naval Forces Optional [417]
344. Asylum to Naval Forces in Distress [418]
345. Exterritoriality of Men-of-War during Asylum [419]
346. Facilities to Men-of-War during Asylum [420]
347. Abuse of Asylum to be prohibited [420]
348. Neutral Men-of-War as an Asylum [423]
348a. Neutral Territory and Shipwrecked Soldiers [424]
VI. Supplies and Loans to Belligerents
349. Supply on the part of Neutrals [426]
350. Supply on the part of Subjects of Neutrals [427]
351. Loans and Subsidies on the part of Neutrals [430]
352. Loans and Subsidies on the part of Subjects of Neutrals [430]
VII. Services to Belligerents
353. Pilotage [432]
354. Transport on the part of Neutrals [433]
355. Transport on the part of Neutral Merchantmen and by neutral rolling stock [434]
356. Information regarding Military and Naval Operations [434]
VIII. Violation of Neutrality
357. Violation of Neutrality in the narrower and in the wider sense of the Term [438]
358. Violation in contradistinction to End of Neutrality [439]
359. Consequences of Violations of Neutrality [439]
360. Neutrals not to acquiesce in Violations of Neutrality committed by a Belligerent [440]
361. Case of the General Armstrong [442]
362. Mode of exacting Reparation from Belligerents for Violations of Neutrality [442]
363. Negligence on the part of Neutrals [444]
363a. Laying of Submarine Contact Mines by Neutrals [445]
IX. Right of Angary
364. The Obsolete Right of Angary [446]
365. The Modern Right of Angary [447]
366. Right of Angary concerning Neutral Rolling Stock [448]
367. Right of Angary not deriving from Neutrality [449]
CHAPTER III
BLOCKADE
I. Conception of Blockade
368. Definition of Blockade [450]
369. Blockade, Strategic and Commercial [452]
370. Blockade to be Universal [452]
371. Blockade, Outwards and Inwards [453]
372. What Places can be Blockaded [453]
373. Blockade of International Rivers [454]
374. Justification of Blockade [455]
II. Establishment of Blockade
375. Competence to establish Blockade [456]
376. Declaration and Notification of Blockade [456]
377. Length of Time for Egress of Neutral Vessels [459]
378. End of Blockade [460]
III. Effectiveness of Blockade
379. Effective in contradistinction to Fictitious Blockade [461]
380. Condition of Effectiveness of Blockade [461]
381. Amount of Danger which creates Effectiveness [464]
382. Cessation of Effectiveness [464]
IV. Breach of Blockade
383. Definition of Breach of Blockade [466]
384. No Breach without Notice of Blockade [466]
385. The former practice as to what constitutes an Attempt to break Blockade [468]
385a. What constitutes an Attempt to break Blockade according to the Declaration of London [470]
386. When Ingress is not considered Breach of Blockade [472]
387. When Egress is not considered Breach of Blockade [473]
388. Passage through Unblockaded Canal no Breach of Blockade [474]
V. Consequences of Breach of Blockade
389. Capture of Blockade-running Vessels [475]
390. Penalty for Breach of Blockade [476]
CHAPTER IV
CONTRABAND
I. Conception of Contraband
391. Definition of Contraband of War [480]
392. Absolute and conditional Contraband, and free Articles [481]
393. Articles absolutely Contraband [483]
394. Articles conditionally Contraband [485]
395. Hostile Destination essential to Contraband [490]
396. Free Articles [492]
396a. Articles destined for the use of the carrying Vessel, or to aid the Wounded [493]
397. Contraband Vessels [494]
II. Carriage of Contraband
398. Carriage of Contraband Penal by the Municipal Law of Belligerents [495]
399. Direct Carriage of Contraband [497]
400. Circuitous Carriage of Contraband [499]
401. Indirect Carriage of Contraband (Doctrine of Continuous Transports) [500]
402. The Case of the Bundesrath [502]
403. Continental support to the Doctrine of Continuous Transports [504]
403a. Partial Recognition by the Declaration of London of the Doctrine of Continuous Voyages [505]
III. Consequences of Carriage of Contraband
404. Capture for Carriage of Contraband [506]
405. Penalty for Carriage of Contraband according to the Practice hitherto prevailing [508]
406. Penalty according to the Declaration of London for Carriage of Contraband [511]
406a. Seizure of Contraband without Seizure of the Vessel [513]
CHAPTER V
UNNEUTRAL SERVICE
I. The Different Kinds of Unneutral Service
407. Unneutral Service in general [515]
408. Carriage of Persons for the Enemy [517]
409. Transmission of Intelligence to the Enemy [521]
410. Unneutral Service creating Enemy Character [524]
II. Consequences of Unneutral Service
411. Capture for Unneutral Service [526]
412. Penalty for Unneutral Service [527]
413. Seizure of Enemy Persons and Despatches without Seizure of Vessel [530]
CHAPTER VI
VISITATION, CAPTURE, AND TRIAL OF NEUTRAL VESSELS
I. Visitation
414. Conception of Right of Visitation [533]
415. Right of Visitation, by whom, when, and where exercised [534]
416. Only Private Vessels may be Visited [535]
417. Vessels under Convoy [535]
418. No Universal Rules regarding Mode of Visitation [537]
419. Stopping of Vessels for the Purpose of Visitation [538]
420. Visit [538]
421. Search [539]
422. Consequences of Resistance to Visitation [540]
423. What constitutes Resistance [541]
424. Sailing under Enemy Convoy equivalent to Resistance 542
425. Resistance by Neutral Convoy [543]
426. Deficiency of Papers [543]
427. Spoliation, Defacement, and Concealment of Papers [544]
428. Double and False Papers [545]
II. Capture
429. Grounds and Mode of Capture [546]
430. Effect of Capture of Neutral Vessels, and their Conduct to Port [546]
431. Destruction of Neutral Prizes [547]
432. Ransom and Recapture of Neutral Prizes [551]
433. Release after Capture [551]
III. Trial of captured Neutral Vessels
434. Trial of Captured Vessels a Municipal Matter [553]
435. Result of Trial [555]
436. Trial after Conclusion of Peace [555]
437. Protests and Claims of Neutrals after Trial [557]
CHAPTER VII
THE INTERNATIONAL PRIZE COURT
I. Proposals for International Prize Courts
438. Early Projects [559]
439. German Project of 1907 [561]
440. British Project of 1907 [562]
441. Convention XII. of the Second Peace Conference [563]
II. Constitution and Competence of the International Prize Court
442. Personnel [565]
443. Deciding Tribunal [566]
444. Administrative Council and International Bureau [569]
445. Agents, Counsel, Advocates, and Attorneys [569]
446. Competence [569]
447. What Law to be applied [571]
III. Procedure in the International Prize Court
448. Entering of Appeal [572]
449. Pleadings and Discussion [574]
450. Judgment [575]
451. Expenses and Costs [576]
IV. Action in Damages instead of Appeal
452. Reason for Action in Damages instead of Appeal [577]
453. Procedure if Action for Damages is brought [578]
APPENDICES
I. Declaration of Paris of 1856 [583]
II. Declaration of St. Petersburg of 1868 [584]
III. Declaration concerning Expanding Bullets of 1899 [585]
IV. Declaration concerning the Diffusion of Asphyxiating Gases of 1899 [586]
V. Geneva Convention of 1906 [587]
VI. Final Act of the Second Hague Peace Conference of 1907 [591]
I. Convention for the Pacific Settlement of International Disputes [592]
II. Convention respecting the Limitation of the Employment of Force for the Recovery of Contract Debts [601]
III. Convention relative to the Opening of Hostilities [602]
IV. Convention concerning the Laws and Customs of War on Land [603]
V. Convention respecting the Rights and Duties of Neutral Powers and Persons in War on Land [609]
VI. Convention relative to the Status of Merchantmen at the Outbreak of Hostilities [612]
VII. Convention relative to the Conversion of Merchantmen into Men-of-War [613]
VIII. Convention relative to the Laying of Automatic Submarine Contact Mines [614]
IX. Convention respecting Bombardment by Naval Forces in Time of War [616]
X. Convention for the Adaptation of the Principles of the Geneva Convention to Maritime Warfare [617]
XI. Convention relative to certain Restrictions on the Exercise of the Right of Capture in Maritime War [621]
XII. Convention concerning the Establishment of an International Prize Court [622]
XIII. Convention concerning the Rights and Duties of Neutral Powers in Maritime War [629]
XIV. Declaration concerning the Prohibition of the Discharge of Projectiles and Explosives from Balloons [632]
XV. Draft Convention concerning the Creation of a Judicial Arbitration Court [632]
VII. Declaration of London of 1909 (including the Report of the Drafting Committee) [637]
VIII. Additional Protocol, of 1910, to the Hague Convention concerning the Establishment of an International Prize Court [665]
IX. Foreign Enlistment Act, 1870 [667]
X. The Naval Prize Act, 1864 [674]
XI. The Prize Courts Act, 1894 [682]
XII. Naval Prize Bill of 1911 [683]
XIII. Geneva Convention Act, 1911 [690]
INDEX [691]