THE PRINCIPLE OF INTERNATIONAL LAW SIXTH EDITIONPDF电子书下载

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Part Ⅰ INTRODUCTORY 1

CHAPTER Ⅰ THE DEFINITION AND NATURE OF INTERNATIOAL LAW 1

1.The definition of International Law.Difficulty of making it quite satisfactory 1

2.The precepts of International Law are rules,whether they are or are not laws 2

3.International Law is generally observed by states,though here and there some of its commands are disregarded 2

4.International Law applies to civilized states only,though it is not confined to Christian states 3

5.International Law regulates the conduct of states in their mutual dealings,hostile as well as pacific 4

6.International Law includes the rules of maritime capture,but not the rules for determining which of two conflicting systems of law shall prevail in matters of private right 5

7.The history of the names given to the science 6

8.The two problems:-(a) Is International Law really law-(b) Are its principles and rules derived from intuition or experience ? 8

9.Is International Law really law ? 9

10.Does International Law proceed by the a priori or by the historical method ? 11

11.The place of ethical considerations in International Law 13

12.Summary of results attained in this chapter 16

CHAPTER Ⅱ THE HISTORY OF INTERNATIONAL LAW 17

13.The history of International Law may be divided into three periods 17

14.In the First Period-from the earliest times to the Roman Empire-states as such bad no mutual rights and duties.Kinship was the basis of the relations between Hellenic communities 17

15.Republican Rome possessed no true International Law 19

16.In the Second Period ?from the Roman Empire to the Reformation-it was deemed that the relations of states must be regulated by a common superior.For a long time the Roman Emperor was such a superior 20

17.The Holy Roman Empire and the Papacy claimed universal authority during the Middle Ages 22

18.The idea of a common superior died out at the Reformation 23

19.For a time there was great danger of utter lawlessness in international affairs 24

20.Influences which made for improvement during the Middle Ages 25

21.In the Third Period-from the Reformation to the present time-the ruling principle is that states are units in a great society,the members of which have mutual rights and obligations 28

22.The career of Grotius,the great agent in effecting this change in ideas 30

23.The causes of the influence exercised by Grotius 32

24.The Law of Nature as conceived by Grotius 33

25.The theory of a Law of Nature criticised 35

26.Its effect in obtaining acceptance for an improved International Law 37

27.The Grotian system contained a second principle which supported it when the first failed 38

28.Two senses of jus gentium 38

29.The growing recognition of the fact that International Law rests on the consent of nations 40

30.The growth of the consensual theory 42

31.The development of a statute book of the law of nations 45

32.The rudiments of an international legislature 47

33.The possibilities of the future 51

CHAPTER Ⅲ THE SUBJECTS OF INTERNATIONAL LAW 54

34.There are grades among the subjects of International Law 54

35.Sovereign states 55

36.Some amount of civilization,territory,and importance necessary before a sovereign state can be regarded as a subject of International Law 57

37.The kinds of fully sovereign international persons 58

38.Part-sovereign states 61

39.Client states 63

40 Confederations 68

41.Civilized belligerent communities not being states 70

42.The doubtful cases of individuals and corporations 72

43.Anomalous cases-Colonial Protectorates,Neutralized States,Egypt,the Papacy 76

44.Admission into international society:States hitherto deemed alien in civilization and ideas 83

46.States formed by civilized men in hitherto uncivilized countries 84

46.States whose independence is recognized in consequence of separation from some other state 87

47.The various methods of recognition of independence 89

48.Continuity of state life 90

49.State succession 92

CHAPTER Ⅳ THE SOURCES AND DIVISIONS OF INTERNATIONAL LAW 97

50.The meaning of the phrase,The sources of International Law 97

51.(1) The works.of great publicists 98

52.(2) Treaties 101

53.(3) Decisions of prize courts,international conferences,and arbitral tribunals 108

54.(4) State-paipers other than treaties 111

55.(5) Instructions issued by states for the guidance of their own officers and tribunals 112

56.Divisions of International Law.The old divisions useless 114

57.Normal rights and obligations are connected with independence,property,jurisdiction,equality,and diplomacy.Ahnornal rights and obligations are connected with war and neutrality 116

Part Ⅱ THE LAW OF PEACE 119

CHAPTER Ⅰ RIGHTS AND OBLIGATIONS CONNECTED WITH INDEPENDENCE 119

58.Definition and nature of the right of independence 119

69.Part-sovereign states not fully independent 120

60.Voluntary restrictions upon the freedom of action of sovereign states 121

61.Involuntary restrictions upon the freedom of action of sovereign states 122

62.Intervention-Its essential characteristics 123

63.General considerations with regard to intervention 125

64.Intervention in pursuance of a legal right to intervene 125

65.Interventions for which no strict legal right can be claimed.-Those based on the necessity of self-protection 127

66.Intervention upon the ground of humanity 128

67.Intervention for the preservation of the balance of power 130

68.Inadmissible grounds of intervention 134

69.Various conclusions concerning intervention 135

70.The doctrine of non-intervention 137

CHAPTER Ⅱ RIGHTS AND OBLIGATIONS CONNECTED WITH PROPERTY 139

71.States are political units capable of holding both territorial and non-territorial possessions 139

72.The extent of a state's territorial possessions 140

73.Is the air above a state a part of its territory ? 146

74.Modes of acquiring territory:-(1) Occupation 147

75.Modes of acquiring territory:-(2) Accretion 162

76.Modes of acquiring territory:-(3) Cession 162

77.Modes of acquiring territory:-(4) Conquest 164

78.Modes of acquiring territory:-(5) Prescription 166

79.A state may exercise power over territory as (1) A part of its dominions 167

80.A state may exercise power over territory as (2) A protectorate 168

81.A state may exercise power over territory as (3) A sphere of influence 173

82.A state may exercise power over (4) A leased territory 175

83.Less important modes of exercising power over territory 179

84.Chartered companies and pioneer work 183

85.Rights over waters. 185

(1) Claims to sovereignty over the high seas 185

86.(2) The American claim to prohibit seal-fish ing in Bering Sea. 187

87.(3) Claims to jurisdiction beyond the marin league 192

88.(4) The right of innocent passage 194

89.(5) The special case of the Dardanelles and the Bosphorus 196

90.(6) The position in International Law of intceroceanic canals 198

91.(7) The use of sea fisheries 202

92.(8) The navigation of great arterial rivers 207

CHAPTER Ⅲ RIGHTS AND OBLIGATIONS CONNECTED WITH JURISDICTION 212

93.A state has jurisdiction over all persons and things within its territory,with a few exceptions 212

94.Natural-born subjects 212

95.Naturalized subjects 215

96.International questions connected with naturalization 217

97.Domiciled aliens 222

98.Travellers passing through its territory 224

99.Rules relating to various kinds of things within the territory 225

100.A state has jurisdiction over all its ships on the high seas 228

101.A state has jurisdiction over its subjects abroad 231

102.A state has jurisdiction over all pirates seized by its vessels 232

103.Distinction between piracy by the law of nations and piracy by municipal law.The slave trade 237

104.The claim to jurisdiction over foreigners for offences committed abroad 242

105.Exceptions to ordinary rules about jurisdiction:-(1) Foreign sovereigns and their suites 244

106.Exceptions to ordinary rules about jurisdiction:-(2) Diplomatic agents of foreign states 245

107.Exceptions to ordinary rules about jurisdiction:-(3) Public armed forces of foreign states 245

108.The case of political offenders and fugitive slaves 250

109.Exceptions to ordinary rules about jurisdiction:-(4) Subjects of Western states resident in Eastern countries 253

110.Extradition.A state is not bound to grant it in the absence of a treaty obliging it to do so 258

111.The conditions generally inserted in extradition treaties 260

CHAPTER Ⅳ RIGHTS AND OBLIGATIONS CONNECTED WITH EQUALITY 268

112.The meaning and utility of the principle of equality 268

113.Facts hard to reconcile with the principle of equality 268

114.The present a period of transition 275

115.The state-system of the American continent 279

116.The Pan-American movement 285

117.Matters of ceremony and etiquette connected with the doctrine of equality 288

118.Rules of precedence for states and their representatives 290

119.Titles and their recognition by other states 292

120.Maritime ceremonials 293

CHAPTER Ⅴ RIGHTS AND OBLIGATIONS CONNECTED WITH DIPLOMACY 295

121.Diplomatic intercourse necessary.Growth of resident embassies 295

122.Development of different kinds of diplomatic ministers 297

123.Classification of diplomatic ministers 298

124.Sovereign states possess the right of legation fully,part-sovereign states to a limited extent 300

125.The rupture of diplomatic relations is a serious step,which generally ends in war 301

126.A state may without offence refuse on good grounds to receive a particular individual,or ask for his recall 302

127.The commencement and termination of diplomatic missions and the ceremonies connected therewith 306

128.Diplomatic immunities-their general nature and the reasons for their existence 310

129.Immunities connected with the person of the diplomatic agent 310

130.Immunities connected with the property of the diplomatic agent 316

131.Consuls-their position and immunities 320

132.The treaty-making power.Ratification of treaties 323

133.The interpretation of treaties 326

134.The obligation of treaties 326

Part Ⅲ THE LAW OF WAR 331

CHAPTER Ⅰ THE DEFINITION OF WAR AND OTHER PRELIMINARY POINTS 331

135.The nature and definition of war 331

136.Reprisals,or modes of putting stress upon a state by violence which is not held to amount to open war 334

137.Embargo 337

138.Pacific blockade 338

139.The value and admissibility of reprisals 343

140.Declarations of war 345

141.The meaning and effects of recognition of belligerency 351

142.Recognition of insurgency 354

143.The immediate legal effects of the outbreak of war 356

144.The effect of war upon treaties to which the belligerents and powers other than the belligerents are parties 360

145.The effect of war upon treaties to which the belligerents only are parties 362

146.Table showing the effect of war on treaties to which the belligerents are parties 365

CHAPTER Ⅱ THE ACQUISITION BY PERSONS AND PROPERTY OF ENEMY CHARACTER 366

147.Enemy character,and the extent to which individuals possess it 366

148.(1) Persons enrolled in the enemy's fighting forces 366

149.(2) Crews of the enemy's merchant vessels 369

150.(3) Those who follow an army without directly belonging to it 370

151.(4) Persons living in an enemy country 371

152.(5) Residents in places occupied by the forces of the enemy 374

153.(6) Neutrals having houses of trade in the enemy's country 375

154.British and American theory of domicile in relation to questions of belligerent capture 376

155.Enemy character and the extent to which property possesses it 379

(1) Property belonging to the enemy state 379

156.(2) Property belonging to subjects of the enemy state 380

157.(3) Neutral property incorporated in enemy commerce or subject to enemy control 382

158.(4) Produce of estates owned by neutrals in places under enemy control,while it belongs to the owner of the soil 384

159.Summary of the circumstances under which enemy character is acquired by property 385

CHAPTER Ⅲ THE LAWS OF WAR WITH REGARD TO ENEWY PERSONS 387

160.The treatment accorded to enemy subjects found in a state at the outbreak of war 387

161.Ancient and modern ideas of the violence permissible in war 390

162.Modern military codes 392

163.Treatment of combatants. 395

(1) The grant of quarter 395

164.(2) The treatment of prisoners of war 397

165.(3) The care of the sick,wounded,and shipwrecked 404

166.(4) The prohibition of certain means of destruction 414

167.Treatment of non-combatants. 415

(1) The gradual amelioration of their condition 415

168.(2) The extent of their exemption from personal injury 416

169.(3) The cessation of the barbarities inflicted on the inhabitants of captured towns 420

170.(4) The special protection granted to those who tend the sick and wounded 421

CHAPTER Ⅳ THE LAWS OF WAR WITH REGARD TO ENEMY PROPERTY ON LAND 423

171.Property of the enemy government found within a state at the outbreak of war 423

172.Real property of enemy subjects found within a state at the outbreak of war 424

173.Personal property of enemy subjects found within a state at the outbreak of war 425

174.The special case of stock held by enemy subjects in the public debt 427

175.Booty 429

176.Invasions historically considered ' 431

177.The essentials of military occupation 434

178.Rights over state property gained by military occupation 436

179.Rights over private property gained by military occupation 440

180.The special case of requisitions,contributions,and fines 443

CHAPTER Ⅴ THE LAWS OF WAR WITH REGARD TO ENEMY PROPERTY AT SEA 450

181.The national character of vessels 450

182.The extent to which vessels of the enemy are liable to capture 451

183.The extent to which enemy goods at sea are liable to capture 460

184.The practice of ransom 463

185.Recapture at sea and the jus postliminii 465

186.The right of search 468

187.Ship's papers 474

188.Prize Courts: 476

(1) Their nature,and the responsibility of the state for their decisions 476

189.(2) Their jurisdiction 480

190.(3) Their procedure 480

191.(4) The destruction of prizes at sea 482

192.The International Prize Court 486

193.History of the proposal to exempt private property from capture at sea in time of war 494

194.Arguments for and against the proposed exemption 498

CHAPTER Ⅵ THE AGENTS,INSTRUMENTS,AND METHODS OF WARFARE 509

195.The agents of warfare 509

196.(1) Guerilla troops 510

197.(2) Levies en masse 514

198.(3) Savage and imperfectly civilized troops 517

199.(4) Spies 519

200.The instruments and methods of warfare. 521

(1) Privateers 521

201.(2) A volunteer navy 523

202.(3) Converted merchantmen 526

203.(4) Submarine mines 532

204.(5) Bombardments 539

205.(6) Projectiles 543

206.(7) Devastation 547

207.(8) Stratagems 551

208.(9) Assassination 553

209.(10) Poison 554

CHAPTER Ⅶ THE NON-HOSTILE INTERCOURSE OF BELLIGERENTS 556

210.The nature of non-hostile intercourse 556

211.(1) Flags of truce 557

212.(2) Cartels 558

213.(3) Passports,safe-conducts,and safeguards 559

214.(4) Licenses to trade 560

215.(5) Capitulations 562

216.(6) Truces and armistices 564

CHAPTER Ⅷ PEACE AND THE MEANS OF PRESERVING PEACE 568

217.War is usually terminated by a treaty of peace 568

218.The legal consequences of the restoration of peace 569

219.The simultaneous growth in modern times of a horror of war and preparations for war 572

220.International commissions of inquiry and special mediation 577

221.Arbitration 579

Part Ⅳ THE LA W OF NEUTBALITT 587

CHAPTER Ⅰ THE NATURE AND HISTORY OF NEUTRALITY 587

222.Definition of neutrality.The elements out of which the law of neutrality has been formed 587

223.The history of neutrality 588

224.Neutrality and neutralization.The correct meaning of neutralization 596

225.Neutralized states 598

226.Neutralized portions of unneutralized states 601

227.Neutralized waterways 605

228.The divisions of the law of neutrality 606

CHAPTER Ⅱ THE DUTIES OF BELLIGERENT STATES TOWARDS NEUTRAL STATES 608

229.A belligerent state ought 608

(1) To refrain from carrying on hostilities within neutral territory 608

230.(2) To leave unmolested as far as possible neutral submarine cables 612

231.(3) To abstain from making on neutral territory direct preparations for acts of hostility 617

232.(4) To obey all reasonable regulations made by neutral states for the protection of their neutrality 622

233.(5) To make reparation to any state whose neutrality it may have violated 624

CHAPTER Ⅲ THE DUTIES OF NEUTRAL STATES TOWARDS BELLIGERENT STATES 629

234.Duties of neutral states may be grouped under five heads 629

235.(1) Duties of abstention 630

236.(2) Duties of prevention 633

237.(3) Duties of acquiescence 648

238.(4) Duties of restoration 649

239.(5) Duties of reparation 651

240.The powers possessed by neutral governments for the protection of their neutrality 652

CHAPTEE Ⅳ ORDINARY NEUTRAL COMMERCE 655

241.The conflict between belligerent and neutral interests in the matter of trade 655

242.The history of the rules of ordinary maritime capture 657

243.The Declaration of Paris 664

244.Present condition of rules of ordinary maritime capture 668

245.Convoy 669

CHAPTER Ⅴ BLOCKADE 675

246.The nature and history of blockade 675

247.The various kinds of blockade 680

248.The heads of the law of blockade 683

249.What constitutes an actual blockade 683

250.The knowledge of the party supposed to have offended 690

251.Violation of blockade 692

252.The penalty for breach of blockade 696

CHAPTER Ⅵ TRADE IN CONTRABAND OF WAR 697

253.The nature of contraband of war 697

254.Neutral states are not bound to stop the contraband trade of their subjects 698

255.What articles are contraband of war ? 702

256.Alterations and conditions 712

257.The doctrine of continuous voyages 716

258.The essentials of guilt in the matter of contraband 719

259.The penalty for carrying contraband 721

CHAPTER Ⅶ UNNEUTRAL SERVICE 724

260.The nature and name of the offence 724

261.The lesser offences of unneutral service 728

262.The graver offences of unneutral service 730

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