Institutes of International Law, Volúmenes1-2W. Benning, 1849 |
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Página 29
... expressed by its constituted organ , or by a long course of usage in conformity therewith ; and inde- pendent states having no constituted organ for the expression of their common will can only express it by established usage ( o ) ...
... expressed by its constituted organ , or by a long course of usage in conformity therewith ; and inde- pendent states having no constituted organ for the expression of their common will can only express it by established usage ( o ) ...
Página 32
... expressed , that it is easy to find in his book detached passages in favour of either side of any question . He is said to have fallen into great mistakes in important practical discussions of public law ( x ) . Yet many of his ...
... expressed , that it is easy to find in his book detached passages in favour of either side of any question . He is said to have fallen into great mistakes in important practical discussions of public law ( x ) . Yet many of his ...
Página 33
... expressed otherwise than by the general practice of nations . It is possible , therefore , that by customary law he means the peculiar customs of particular states in their intercourse with foreign nations ; and in this sense he is ...
... expressed otherwise than by the general practice of nations . It is possible , therefore , that by customary law he means the peculiar customs of particular states in their intercourse with foreign nations ; and in this sense he is ...
Página 36
... expression , and redundancy of language , this praise does not seem exag- gerated . In Chief Justice Marshall and Mr. Justice Story , the Supreme Court of the United States have furnished judges not unworthy to be his rivals . There is ...
... expression , and redundancy of language , this praise does not seem exag- gerated . In Chief Justice Marshall and Mr. Justice Story , the Supreme Court of the United States have furnished judges not unworthy to be his rivals . There is ...
Página 42
... expressed , it is implied from the circumstances of the case . Should one sovereign enter the territories of another without his consent , express or implied , it would present a question which does not appear to be perfectly settled ...
... expressed , it is implied from the circumstances of the case . Should one sovereign enter the territories of another without his consent , express or implied , it would present a question which does not appear to be perfectly settled ...
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Términos y frases comunes
ambassador appears authority bassador belligerent belonging blockaded port bonâ fide bound Britain British Bynk Bynkershoek capture carried circumstances claim claimant colony commerce condemned confiscation considered consignee consul contraband contracting parties convoy Court of Admiralty declared domiciled Dutch duty enemy enemy's country England entitled Flass force foreign France freight French gentium Grot Grotius Heinecc held hostilities ibid intention jurisdiction jus gentium justice Kent Comm King law of nations letters of marque liable license Lord master merchant national character neutral country offence officers owner persons possession prince principle privilege prize Prize Court protection provides public minister Puff punishment purpose reprisals residence respect restitution rule sador sailing seized shew ship and cargo sovereign Spain Spanish subjects taken territory tion trade transhipment treaty of peace treaty of Utrecht United Provinces usage Valin Vatt viii violation voyage Wicq
Pasajes populares
Página 60 - The jurisdiction of the nation within its own territory is necessarily exclusive and absolute. It is susceptible of no limitation not imposed by itself. Any restriction upon it, deriving validity from an external source, would imply a diminution of its sovereignty to the extent of the restriction, and an investment of that sovereignty to the same extent in that power which could impose such restrictions.
Página 46 - It seems, then, to the court, to be a principle of public law, that national ships of war, entering the port of a friendly power open for their reception, are to be. considered as exempted by the consent of that power from its jurisdiction.
Página 36 - The decisions of the courts of every country, so far as they are founded upon a law common to every country, will be received, not as authority, but with respect. The decisions of the courts of every country show how the law of nations, in the given case, is understood in that country, and will be considered in adopting the rule which is to prevail in this.
Página 182 - And that the citizens of the said United States may freely carry on a trade between the said territories and the said United States, in all articles of which the importation or exportation respectively, to or from the said territories, shall not be entirely prohibited.
Página 352 - 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 16 - In my opinion, no principle ought to be held more sacred than that this intercourse cannot subsist on any other footing than that of the direct permission of the state. Who can be insensible to the consequences that might follow, if every person in time of war had a right to carry on a commercial intercourse with the enemy, and under colour of that, had the means of carrying on any other species of intercourse he might think fit?
Página 354 - If the sentence of the court of Admiralty is thought to be erroneous, there is in every maritime country a superior court of review, consisting of the most considerable persons, to which the parties who think themselves aggrieved may appeal ; and this superior court judges by the same rule which governs the court of Admiralty — viz. the law of nations, and the treaties subsisting with that neutral power, whose subject is a party before them.
Página 82 - A sovereign committing the interests of his nation with a foreign power to the care of a person whom he has selected for that purpose, cannot intend to subject his minister in any degree to that power ; and, therefore, a consent to receive him, implies a consent that he shall possess those privileges which his principal intended he should retain — privileges which are essential to the dignity of his sovereign, and to the duties he is bound to perform.
Página 46 - If, for reasons of state, the ports of a nation generally, or any particular ports be closed against vessels of war generally, or the vessels of any particular nation, notice is usually given of such determination. If there be...
Página 73 - The second is, that all nations being equal, all have an equal right to the uninterrupted use of the unappropriated parts of the ocean for their navigation. In places where no local authority exists, where the subjects of all States meet upon a footing of entire equality and independence, no one State, or any of its subjects, has a right to assume or exercise authority over the subjects of another.