The Elements of Maritime International Law: With a Preface on Some Unsettled Questions of Public Law, Parte289Longmans, Green, 1868 - 228 páginas |
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Página vi
... Evidence - Character of Property , or of the Ship , cannot be changed in transitu― Equitable Liens on Enemy's Property disregarded by Captors -Exception to the Rule when Transactions had their Origin in Time of Peace PAGE 73 CHAPTER V ...
... Evidence - Character of Property , or of the Ship , cannot be changed in transitu― Equitable Liens on Enemy's Property disregarded by Captors -Exception to the Rule when Transactions had their Origin in Time of Peace PAGE 73 CHAPTER V ...
Página vii
... Evidence , Nature of Appeal - Mode of constituting Prize Courts - Operation of Sentences , in rem -- Captures are jure belli consummated by Surrender - Vest primarily in the Sovereign - Prize is a Creature of the Crown - Court of Prize ...
... Evidence , Nature of Appeal - Mode of constituting Prize Courts - Operation of Sentences , in rem -- Captures are jure belli consummated by Surrender - Vest primarily in the Sovereign - Prize is a Creature of the Crown - Court of Prize ...
Página 20
... evidence of an intention on the part of the mer- chant to withdraw his goods from visitation and search , inasmuch as it was a presumption juris et de jure that an armed ship will resist visitation and search . It was observed by the ...
... evidence of an intention on the part of the mer- chant to withdraw his goods from visitation and search , inasmuch as it was a presumption juris et de jure that an armed ship will resist visitation and search . It was observed by the ...
Página 37
... evidence of such intention . This position of public maritime law , which was laid 1 By Sir C. Robinson , in a note to the case of The Ocean , 5 Rob . Rep . p . 91 . 2 4 Rob . Rep . p . 234. 5 Rob . Rep . p . 141. The Juffrow Cathe ...
... evidence of such intention . This position of public maritime law , which was laid 1 By Sir C. Robinson , in a note to the case of The Ocean , 5 Rob . Rep . p . 91 . 2 4 Rob . Rep . p . 234. 5 Rob . Rep . p . 141. The Juffrow Cathe ...
Página 41
... evidence of intention . . . . . In questions on this subject the chief point to be considered is the animus manendi ; and the Courts are to devise such reasonable rules of evidence as may establish the fact of intention . If it ...
... evidence of intention . . . . . In questions on this subject the chief point to be considered is the animus manendi ; and the Courts are to devise such reasonable rules of evidence as may establish the fact of intention . If it ...
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The Elements of Maritime International Law: With a Preface on Some Unsettled ... William De Burgh (B a ) Sin vista previa disponible - 2015 |
Términos y frases comunes
adjudication American authority belligerent Power belligerent rights belongs blockaded port bonâ fide British Bynkershoek capture carried circumstances commerce condemnation confiscation contraband contraband of war contract Council Court of Admiralty Courts of Prize Cranch cruiser declaration destination doctrine domicile Droit effect enemy enemy's country enemy's port enemy's property established exercise exist Friendschaft gerent Government Grotius held hostile character ibid illegal intention intercourse International Law judicial jure belli jurisdiction jurists Kent law of nations liable license Lord Stowell Maritime Law national character neutral country neutral nation neutral port neutral Power neutral vessel observed offence opinion Order in Council owner parties peace persons principle Prize Courts Prize Law prize of war Public Law purpose question residence restitution right of search rule sailing Santissima Trinidad Scott seizure ship and cargo Sovereign territory tion trade transitu treaty Twiss United usage Vattel violation voyage Vrow Wheaton writers
Pasajes populares
Página 11 - When private individuals of one nation spread themselves through another as business or caprice may direct, mingling indiscriminately with the inhabitants of that other, or when merchant vessels enter for the purposes of trade, it would be obviously inconvenient and dangerous to society, and would subject the laws to continual infraction, and the government to degradation, if such individuals or merchants did not owe temporary and local allegiance, and were not amenable to the jurisdiction of the...
Página 124 - 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.
Página 11 - She constitutes a part of the military force of her nation ; acts under the immediate and direct command of the sovereign ; is employed by him in national objects. He has many and powerful motives for preventing those objects from being defeated by the interference of a foreign state.
Página xlii - But there is nothing in our laws, or in the law of nations, that forbids our citizens from sending armed vessels, as well as munitions of war, to foreign ports for sale. It is a commercial adventure which no nation is bound to prohibit, and which only exposes the persons engaged in it to the penalty of confiscation.
Página 100 - By the modern law of nations, provisions are not, in general, deemed contraband; but they may become so, although the property of a neutral, on account of the particular situation of the war, or on account of their destination. If destined for the ordinary use of life in the enemy's country they are not, in general, contraband; but it is otherwise if destined for military use. Hence, if destined for the army or navy of the enemy, or for his ports of naval or military equipment, they are deemed contraband.
Página xxxv - The rule, like other precepts of morality, of humanity, and even of wisdom, is addressed to the judgment of the sovereign; and although it cannot be disregarded by him without obloquy, yet it may be disregarded. The rule is, in its nature, flexible. It is subject to Infinite modification. It is not an immutable rule of law, but depends on political considerations which may continually vary.
Página 139 - And whereas it frequently happens that vessels sail for a port or place belonging to an enemy, without knowing that the same is...
Página 178 - By the maritime law of nations universally and immemorially received, there is an established method of determination, whether the capture be, or be not, lawful prize. Before the ship or goods can be disposed of by the captor there must be a regular judicial proceeding wherein both parties may be heard, and condemnation thereupon as prize in a Court of Admiralty, judging by the law of nations and treaties.
Página 11 - The implied license, therefore, under which such vessel enters a friendly port, may reasonably be construed, and it seems to the court, ought to be construed, as containing an exemption from the jurisdiction of the sovereign, within whose territory she claims the rights of hospitality.
Página 148 - It was held by the Judicial Committee of the Privy Council that the non-suit was improper.