International Law

21. +Recognition of New States.+ (_a_) _De facto_ existence. (_b_) Circumstances of recognition. (1) By division. (2) By union. (3) By admission of old states. (4) By admission...

42. +Practice in Regard to Intervention.+ (_a_) For self-preservation. (_b_) To prevent illegal acts. (_c_) By general sanction. (_d_) Other grounds. (1) +Treaty stipulations.+...

60. +Jurisdiction over Aliens.+ (_a_) Over subjects abroad. (1) Emigration laws. (2) Recall of citizens. (3) Penal jurisdiction. (4) Protection of subjects. (_b_) Over aliens wi...

Wheaton, D., 23: "International law, as understood among civilized nations, may be defined as consisting of those rules of conduct which reason deduces, as consonant to justice,...

(_a_) =Jus naturale= is defined broadly by Ulpian[4] as "the law which nature has taught all living creatures, so as to be common to men and beasts." Grotius also uses this term...

The =early period= dates from the time of the development of early European civilization, and extends to the beginning of the Christian Era. During this period the germs of the...

If for a time international intercourse follows certain methods, these methods are regarded as binding in later intercourse, and departure from this procedure is held a violatio...

21. +Recognition of New States.+ (_a_) _De facto_ existence. (_b_) Circumstances of recognition. (1) By division. (2) By union. (3) By admission of old states. (4) By admission...

A state in the sense of public law is not sovereign in the sense of international law, if there are any limitations upon its power to enter into relations with other states. Suc...

The most comprehensive right of a state is the _right to exist_ as a sovereign political unity. From this comprehensive right flow the general rights of _independence_, _equalit...

Besides the general rights of _independence_, _equality_, _jurisdiction_, _property_, and _intercourse_, the right of existence in its exercise may lead to certain acts for whic...

42. +Practice in Regard to Intervention.+ (_a_) For self-preservation. (_b_) To prevent illegal acts. (_c_) By general sanction. (_d_) Other grounds. (1) Treaty stipulations. (2...

The equality of states was an early premise of international law. This equality, however wide may have been its meaning, as interpreted by some of the earlier writers, can now b...

60. +Jurisdiction over Aliens.+ (_a_) Over subjects abroad. (1) Emigration laws. (2) Recall of citizens. (3) Penal jurisdiction. (4) Protection of subjects. (_b_) Over aliens wi...

The term "property" has been used in varying senses by writers upon international law. By virtue of the fact that a state has jurisdiction over all its public property there has...

Diplomacy may be broadly defined as the art and science of international negotiation. The conditions which make possible established relations among states are of comparatively...

A treaty is an agreement, generally in writing, and always in conformity with law, between two or more states. A treaty may establish, modify, or terminate obligations. These ob...

It is now generally admitted that in the settlement of international disputes war should be regarded as a last resort. Other means of amicable settlement should be exhausted bef...

Gentilis, one of the earliest writers on the laws of war, defined war in 1588 as "a properly conducted contest of armed public forces."[292] The nature of such contests varied w...

(_a_) By the strict theory of war "the =subjects of enemy states= are enemies."[303] The treatment of the subjects of enemy states is not, however, determined by the allegiance...

Formerly the public property of the enemy, whatever its nature, was regarded as hostile, and liable to seizure. Practice of modern times has gradually become less extreme, and t...

(_a_) =Public vessels= of a belligerent are liable to capture in any port or sea except in territorial waters of a neutral. The following public vessels are, however, exempt fro...

"A territory is considered to be occupied, when, as the result of its invasion by an enemy's force, the State to which it belongs has ceased, in fact, to exercise its ordinary a...

War may come to an end, (1) by the complete submission of one of the parties to the conflict or by conquest, (2) by the cessation of hostilities between the parties to the confl...

Neutrality is the relation which exists between states which take no part in the war and the belligerents. Impartial treatment of the belligerents is not necessarily neutrality....

Of the general principle Wheaton says, "The right of every independent state to remain at peace whilst other states are engaged in war is an incontestable attribute of sovereign...

As a general principle, subjects of a neutral state may carry on commerce in the time of war as in the time of peace. At the same time, owing to the fact of war, a belligerent h...

A distinction being implied in the above rule between the individuals of whom the armed force of a state is composed and other subjects of a State, it becomes necessary to defin...

(_d_) To make improper use of the national flag, of signs of military ranks, or of the uniform of the enemy, of a flag of truce, or of the protective marks prescribed by the Con...

But this mode of repressing acts contrary to the laws of war being only applicable when the guilty person can be reached, the injured party has no resource other than the use of...