Preface
IT has been my purpose in the preparation of this volume to provide a work sufficiently elementary in character to be within the reach of students and others who may desire to gain some knowledge of the general principles of International Law. It is intended to be used as a text-book, rather than as a book of formal reference. To that end the use of citations, and of terms technical to the law, has been avoided wherever it was possible to do so, and the effort has been made to express the fundamental principles of the science as concisely as possible and in the English language.
Where quotations have been found necessary they have been acknowledged in the text, and the student will find, at the end of each chapter, a list of references to state papers, or to the works of writers of standard authority, where the subjects discussed in the text will be found treated at greater length and in more elaborate detail.
WEST POINT, N. Y.
2210000
Table Of Contents
List of Authorities Cited xix
Chapter I. Definition And History
Of Law in General 1
Classification of Public Law 1
Municipal Law 1
International Law 1
International and Municipal Law Compared 2
History of the Science of International Law 3
The Oriental Monarchies 8
Greece 3
Rome 4
The International Law of the Middle Ages 4
Effects of the Revival of Commerce 5
Early Codes of Maritime Law 5
The ' ' Jugements of Oleron " . 5
The " Consolato del Mare " 6
The "Guidon de la Mar" 6
Other Early Codes 7
Comparison of the Sea Laws 7
Effects upon International Law of —
The Feudal System 8
The Institution of Chivalry 10
The Roman Church 11
The Church and the Emperor 11
(Ecumenical Councils 13
The Rise of the European Monarchies 14
The Influence of Grotius 15
The Sources of International Law 18
The Judgments of International Courts and Boards of Arbitration < . 19
The Diplomatic Correspondence of States 19 yj TABLE OF CONTENTS.
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The Roman Law 19
The Works of Text Writers 22
Decisions of Courts upon Questions of International Law . 23
The Municipal Law of States 24
General Histories, Histories of Important Epochs, Biographies, etc 24
The Divine Law 24
Divisions of International Law 24
The Natural Law of Nations 25
The Positive Law of Nations 2o
(a) The Customary Law of Nations 25
(J) The Conventional Law of Nations 25
The Parties to International Law 26
Chapter II. States And Theie Essential Attributes
Definition of a State 28
The Sovereignty of a State 28
The Government of a State 28
Classification of Governments . 29
Classification of Governmental Powers 30
Governments de facto and dejure . , 30
The Essential Attributes of Sovereignty 31
Sovereignty 31
Independence 31
Equality 31
Sovereign States 32
Dependent or Semi-sovereign States 32
Confederations 32
Rule for Determining the Strength of a Confederation . . 33
Right of a State to Change its Constitution and Laws . . 33
Sovereignty, how Acquired, how Lost 34
Territory 35
Definition of the Term 35
River Boundaries 35
What Constitutes the Territory of a State 36
Jurisdiction over Closed Seas 37
Rights of Ownership and Jurisdiction in the case of Straits 37
The Danish Sound Dues 38
Ship Canals 39
Jurisdiction over a Portion of the Coast Sea, the Marine
League 40
Case of the Franconia . . .41
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The High Seas *42
Freedom of the Seas 43
Claims to Exclusive Dominion 43
Right of River Navigation 44
Action of the Congress of Vienna 44
Cases of the Rhine, Main, Moselle, Neckar, Meuse, and
Scheldt 44
Cases of the Elbe, Vistula, Weser, and Po 45
Case of the Douro 45
Case of the Danube 45
Case of the Mississippi 46
Case of the St. Lawrence 49
Servitudes 52
Origin and Definition of the T«rm 52
Its Application in International Law 52
How Created and Terminated 53
Examples of Servitudes 54
The Right of Territorial Jurisdiction 54
Classification of Jurisdictional Powers 54
In Whom Vested 55
The Legislative Power 55
The Executive Power 56
The Judicial Power 56
Extra-territorial Jurisdiction of a State 57
Over the Officers and Crews of Ships of War 57
Over its Merchant Vessels on the High Seas 57
Over its Armies in the Field . . 59
Over Crimes Committed by its Subjects in Unoccupied
Territory 59
Over the Crime of Piracy 59
The Principle of Exterritoriality 59
Origin and Definition of the Term 59
Application to Ships of War in Foreign Ports 60
Application to Armies in Transit 63
Application to the Person of a Sovereign, to his Retinue and Train, while Passing through, or Sojourning in,
Foreign Territory 65
Application to Ambassadors, etc 67
Application to Consuls, and to Foreigners in Certain Eastern Countries 67
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Chapter III
PERFECT AND IMPERFECT RIGHTS. PAO,
Perfect Rights 70
Classification of 70
The Right of Self-preservation 70
Duty of a State to Protect its Subjects 72
The Right of Reputation 73
The Enforcement of Treaty Stipulations 74
Duty of Non-interference 74
The Right of Interference 74
(a) To Assist a State in Suppressing an Insurrection
or Rebellion 75
(J) Interference in Accordance with Treaty Stipulations 76
(c) In Self-defence 77
(d) Interference in Behalf of the Balance of Power . . 77
De Marten's Statement of the Principle of Balance
of Power 80
Vattel's Rules 81
Senior's Limitation of the Right 81
(e) Interference in Behalf of Oppressed Populations . 82 The Duty of Mutual Respect 83
Forms of Mutual Courtesy 85
Maritime Ceremonial 87
Ceremonial in Foreign Ports 88
International Agreement as to Salutes 90
Observance of National Anniversaries 91
Ceremonial on Land 91
The Formalities of Diplomatic Intercourse 92
Imperfect Rights, or Moral Claims 92
The Duty of Humanity 93
The Duty of Comity 94
The Duty of Intercourse 94
(a) Interstate 94
(6) Commercial 95
Chapter IV. National Character
National Character of an Individual, how Determined .... 98
Definition of the Terms Citizen and Subject 98
Classification of Citizens 99
Native-born Citizens. 99
Naturalized Citizens . 100
TABLE OF CONTENTS. JX
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Naturalization 100
Conditions of Naturalization 101
Heinrich's Case 102
Koszta's Case 103
Largomarsini's Case 105
Ungar's Case 106
Naturalization Treaties of the United States 107
Expatriation 108
Conditions of 108
Policy of States in the Matter of 109
Aliens and Domicile 110
History of the Treatment of Aliens 110
Definition of the Term 112
(a) Aliens, or Aliens Proper 112
(b) Domiciled Strangers 112
Legal Situation of Aliens 112
Domicile 116
Distinction between Citizenship and Domicile 117
Conditions of Domicile 118
Importance of the Rules of Domicile 121
Chapter V. Extradition
The Right of Criminal Jurisdiction 123
Duty of a State as to Crimes Committed Abroad 123
Extradition by Comity and Treaty 124
Difference of View as to Criminal Jurisdiction 124
Definition of the Term Extradition 126
Methods of Extradition 126
(a) By Treaty 126
(b) In Accordance with Municipal Law 126
(c) By Comity 126
Extraditable Offences 126
Requisitions for Extradition, by Whom Made 127
Conditions of Extradition 127
Extradition Treaties of the United Slates 128
Interstate Extradition in the United States 129
Chapter VI. Private International Law
Relations of States and Individuals at International Law . . 132
Definition of Private International Law 132 x TABLE OF CONTENTS.
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Practice of International Law Based on Comity or Consent. . 132
Origin of the Practice 133
Subjects Discussed in Private International Law 136
Limitations upon the Practice of Private International Law . 137
Foreign Judgments 138
Effect of 138
Conditions to be Fulfilled in Order that Effect may be
Condition of Reciprocity 138
Why Produced before the Courts of a State 139
Practice of States in the Matter of 139
Chapter VII. The Eight Of Legation
Origin of the Right . 141
Classification of Diplomatic Agents . . 143
Rank of Ambassadors . 144
Titles of Ambassadors 145
Manner of Sending and Receiving Ambassadors .... 146
Reception of Ambassadors 146
Duties of Ambassadors 147
Diplomatic Language 147
Functions of, how Suspended and Terminated 148
Privileges and Immunities of Ambassadors. ....... 149
Necessity of Immunities 149
The Principle of Exterritoriality 150
Immunity from Criminal Jurisdiction 1-50
Immunity from Civil Jurisdiction 151
Immunity of Hotel 152
Privilege of Religious "Worship 153
Exemption from Customs Dues 153
Consuls, their Duties and Privileges 154
Origin of the Consular Function , 154
The Duties of Consuls .'156
Classification of Consular Employees 157
Privileges and Immunities of Consuls 157
By whom Appointed 158
How Recognized in Foreign States 158
The Exequatur 158
Manner of Appointment in the United States 160
Consular Jurisdiction 161
Extent and Character of 162
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Jurisdiction of U. S. Consuls 162
Chapter VIII. Treaties And Conventions
Definition and Purpose 165
The Right of Making Treaties 165
Contracts and Agreements with Individuals 166
The Treaty-Making Power 166
Limitations upon the Treaty-Making Power 167
Conditions Essential to the Validity of Treaties 167
The Power of the Contracting Parties 167
The Consent of the Contracting Parties 168
Possibility of Execution 168
Binding Force of Treaties 169
Manner of Negotiating Treaties 169
Language Used 170
Form and Signature 171
Ratification of Treaties 172
Classification of Treaties 173
Transitory Agreements or Conventions 174
Permanent Treaties 174
Cartels . • 174
Capitulations 174
Treaties of Alliance 175
Treaties of Guarantee 176
Reciprocity Treaties 178
Treaties, how Terminated 179
How Violated 179
Rules for Interpreting Treaties 180
Strict Interpretation 182
Liberal Interpretation 182
Terms Used 183
Protocol 188
Recez 183
Separate Articles 183
The Most Favored Nation Clause 183
Chapter IX. The Conflict Op International Eights
Causes of Conflict 186
Methods of Adjusting International Differences . ... . . 186
Amicable Adjustment 186 yji TABLE OF CONTENTS.
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The Duty of Moderation 189
Mediation 190
Arbitration 191
Conditions of Arbitration 191
Binding Effect of Decision 192
Mediation and Arbitration Compared 192
Measures of Redress 193
Retorsion 194
Reprisals 195
Chapter X. Wae
The Right of Redress . 198
Definition and Purpose of War 198
Rightfulness of War - ... 199
Classification of Wars 199
Internal Wars 199
(a) Civil Wars 199
(ft) Insurrections and Rebellions 199
The Laws of War 200
Right of Declaring War, in Whom Vested 201
Causes of War 201
Responsibility for a Resort to War 202
Moral Considerations Involved 202
Declaration of War, Ancient and Modern Rule 203
Official Notification of an Intended Resort to War 204
Effect of War upon Treaties of Alliance, Guarantee, and Subsidy 204
Effects of a State of War 205
(a) Upon the Belligerent States 205
(6) Upon the Subjects of the Belligerent States .... 205
(c) Upon the Property of Enemy Subjects 207
The Laws of War 208
Their Character and Tendency 208
Subjects Treated of 210
Amount and Kind of Force that may be Used 210
Legal Effects of a State of War upon the Subjects of the Belligerent States 210
Who may Lawfully Carry on War 211
Partisans 211
Levees en masse . 212
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Guerillas 214
Forces that may not be Employed in War 214
Wars with Savages 215
Forces Employed at Sea 215
Privateers 216
Letters of Marque 216
Letters of Marque and Reprisal 216
Effect of Modern Inventions 218
Methods of Carrying on War 218
Rule of Good Faith 219
Use of Deceit 219
Attack of Places 219
Duty of the Commander of a Besieged Place in the Matter of
Surrender 221
Use of the Enemy's Uniform and Flag 222
Giving arid Receiving Quarter 222
Treatment of Individuals of the Enemy 223
Forbidden Practices 223
Instruments of War 223
Rule for Determining whether a Particular Instrument may,
or may not, be Used in War 224
Torpedoes, and Torpedo Warfare 225
Usages of War at Sea 226
The Public and Private Property of the Enemy 226
Treatment of Property on Land 226
Requisitions 228
Contributions 230
Captured Property on Land 230
Treatment of Non-combatants in the Theatre of War .... 232
Combatant, Defined 232
Non-combatant, Defined 233
Prisoners of War 233
Who may be Made Prisoners of War 233
Treatment of 234
Exchange of 235
Paroles .236
From Whom Received 236
Breach of Parole 237
Intercourse between Belligerents 237
Flags of Truce 238
Cartels and Capitulations 239
Safe-conducts and Safeguards 239
Licenses to Trade 240 xjv TABLE OF CONTENTS.
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Offences Against the Laws of War 241
By Whom Punished 241
Spies 241
Guerillas 242
Pillaging 243
Crimes of Violence, etc 243
Temporary Occupation 244
History of the Different Views of 245
Present View of Military Occupation 246
Rights of Occupation 247
Martial Law 247
The State of Siege 247
Differences of Opinion as to the Meaning of the Term
Occupation 250
Opposing Views 250
Permanent Occupation 251
Retaliation 251
How Exercised in War 252
The Termination of War 253
Truces 253
What may be Done during a Special Truce 253
General Truces, Armistice 254
Treaties of Peace 255
How Different from Ordinary Treaties 255
Binding Character of 256
How Made 256
Preliminary and Definitive Treaties 257
When Binding 257
Effects of Treaties of Peace 257
Treatment of Occupied Territory 258
The Rules of Maritime Capture 259
Tendency and Character of 259
Forces Employed in Maritime War 260
Definition of Prize 261
Title to Prize, in Whom Vested 261
Duty of Captor 261
Ransom of Captured Vessels 263
Ransom Contracts 264
Hostages 265
Recapture and Postliminy 266
Prize Courts and their Jurisdiction 268
Character of Prize Jurisdiction 269
Law Applied in Cases of Prize 270
Procedure in Prize Cases 270
Right of Appeal in Prize Cases 278
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Rules for Determining the Nationality of Ships and Goods 272
Chapter XI. Neutrality. — The Rights And Duties Op Neutrals
Definition of the Term 276
Character of the Neutral Relation 276
History of Neutrality 276
Origin and Development of the Modern Theory of Neutral
Obligation 277
Rule of the " Consolato del Mare " *279
General Acceptance of the Rule 279
The Principle of "Free Ships, Free Goods" 281
Rules of the Declaration of Paris 284
Binding Force of the Declaration 286
Effect of Claims to Exclusive Dominion upon the Develop-
~ ment of the Neutral Theory 288
The Monopoly of Colonial Trade 291
The Rule of 175(j 292
Development of the Theory of Neutrality among the Non- Maritime States of Europe 292
Influence of England 293
General Acceptance of the Modern Theory in the Seventeenth Century; its Later History 294
Gradations of Neutrality 295
Permanent Neutrality 296
Armed Neutrality 296
Strict Neutrality 297
Neutral Duty of a State 297
Duties of Neutrals to Belligerents 299
Asylum to Troops and Ships 299
Asylum in the Case of Public and Private Vessels . . . 299
Neutral Territory, Immunity of from Acts of Belligerency 800
Responsibility of a Neutral State for the Acts of its Subjects . 302
View of England and the United States 303
Continental View of the Same Subject 305
Neutral Rights 306
Their Character and Extent 306
Case of the Chesapeake 307
Case of the Florida 308
Neutrality Laws 309
Neutral Obligation of a State Determined by International,
not Municipal, Law 310
English Neutrality iaws 311
TABLE OF CONTENTS.
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Neutrality Laws of the United States 313
Neutrality Laws of other States 314
Case of the Alabama 315
The Geneva Arbitration 327
CHAPTER XIL
CONTRABAND OF WAR.
History of the Practice 336
Power of a Belligerent over Neutral Commerce in Time of
General Character of the Restrictions 338
The Rules of Contraband Affect Chiefly the Acts of Individuals 339
Character of Contraband Trade 339
Rules for Determining Contraband 340
Difficulty of Stating a Precise Rule 340
The Question Determined by Prize Courts 341
Field's Rule 341
Rule of the Supreme Court of the United States .... 342
Application of the Rules 343
Destination of Ships and Goods 345
Destination, how Determined 345
Case of the Springbok 346
Case of the Peterhoff 349
The Doctrine of Continuous Voyages 351
Difference between the Old and New Rule 352
Penalty for Contraband Trade 353
Rule as to Innocent Cargo 354
Release of Neutral Ship on Surrender of the Contraband
Cargo 355
Neutral Conveyance of Enemy's Troops and Despatches. . . 356
Definitions of the Terms 356
The Destination Important 357
Cases of the Friendship and Greta 357
Presumption in the Case of Hostile Despatches 358
Despatches of a Belligerent to its Ministers and Consuls in
Neutral State 358
Conveyance of Mails in the Ordinary Course of Business . 359
Case of the Trent 360
Occasional Contraband 362
The Rule of Pre-emption 364
TABLE OF CONTENTS. xvji
CHAPTER XIII. BLOCKADE. piGE
Definition of 366
Right of Blockade, where Exercised 366
Valid Blockade 367
How Established and Notified 367
(a) By Proclamation 368
(b) By Notification or Endorsement 368
(c) By Proclamation and Notification 368
What Constitutes a Breach of 369
Penalty for Breach of 370
Cases of Innocent Entrance to Blockaded Ports .... 370
Duration of the Penalty 371
Breach of Blockade by Egress 372
Termination of Blockade 372
Pacific Blockade 373
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