International Law

Transcriber's note:

      Text enclosed by underscores is in italics (_italics_).

      Text enclosed by equal signs is in bold face (=bold=).

      Text enclosed by plus signs is in mixed large and small
      capitals (+SMALL CAPITALS+). Text which was all small
      capitals in the original text has been transliterated
      into uppercase letters.





INTERNATIONAL LAW

by

GEORGE GRAFTON WILSON, Ph.D.

Professor in Brown University

and

GEORGE FOX TUCKER, Ph.D.

Lately Reporter of Decisions of the Supreme Judicial Court of
Massachusetts







[Illustration]

Silver, Burdett and Company
New York Boston Chicago

Copyright, 1901,
By Silver, Burdett and Company.




PREFACE


The authors have aimed to prepare a brief introduction to the subject of
International Law. They have freely used the substantive material as
found in cases, codes, etc., which involve the principles of
International Law. Owing to the increasing importance of international
negotiation, relatively more attention than usual has been given to
matters connected with diplomacy. The appendices contain material which
the authors have found advantageous to have easily accessible to each
student. The study of this book should in all cases be supplemented by
reference to a considerable number of the books mentioned in the
bibliography.

  G. G. W.
  G. F. T.

  +September+, 1901.




CONTENTS

                                                          PAGE

  +Bibliography+                                           xix

  +Abbreviation of Cases Cited+                            xxi

  +Table of Cases Cited+                                 xxiii


  PART I

  _GENERAL AND HISTORICAL_




  CHAPTER I

  +Definition and General Scope+                             3


  1. +Definition.+
     (_a_) Philosophical: what ought to be.
     (_b_) Scientific: what is.

  2. +Divisions.+
     (_a_) Public.
     (_b_) Private.

  3. Scope.


  CHAPTER II

  +Nature+                                                   6


  4. +Early Terminology.+
     (_a_) _Jus naturale._
     (_b_) _Jus gentium._
     (_c_) Other terms.

  5. +Historical Bases.+

  6. +Ethical Bases.+

  7. +Jural Bases.+
     (_a_) Roman law.
     (_b_) Canon law.
     (_c_) Common law.
     (_d_) Equity.
     (_e_) Admiralty law.

  8. +International Law and Statute Law.+

  9. +How far is International Law entitled to
     be called Law?+


  CHAPTER III

  +Historical Development+                                  12


  10. +Early Period.+
      (_a_) Greece.
      (_b_) Rome.

  11. +Middle Period.+
      (_a_) Roman Empire.
      (_b_) The Church.
      (_c_) Feudalism.
      (_d_) Crusades.
      (_e_) Chivalry.
      (_f_) Commerce and Sea Laws.
      (_g_) Consulates.
      (_h_) Discovery of America.
      (_i_) Conclusion.

  12. +Modern Period from 1648.+
      (_a_) 1648-1713.
      (_b_) 1713-1815.
      (_c_) 1815-    .

  13. +Writers.+


  CHAPTER IV

  +Sources+                                                 29


  14. +Practice and Usage.+

  15. +Precedent and Decisions.+
      (_a_) Prize and Admiralty Courts.
      (_b_) Domestic Courts.
      (_c_) Courts of Arbitration.

  16. +Treaties and State Papers.+

  17. +Text Writers.+

  18. +Diplomatic Papers.+


  PART II

  _PERSONS IN INTERNATIONAL LAW_


  CHAPTER V

  +States+                                                  39


  19. +Definition.+
      (_a_) Political.
      (_b_) Sovereign.

  20. +Nature.+
      (_a_) Moral.
      (_b_) Physical.
      (_c_) Communal.
      (_d_) External conditions.

  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 of former barbarous communities.
          (5) Individual and collective recognition.
      (_c_) Act of recognition.
      (_d_) Premature recognition.
      (_e_) Conditions.
      (_f_) Recognition irrevocable.
      (_g_) Consequences.
          (1) The Recognizing state.
          (2) The Recognized state.
          (3) The Parent state.
          (4) Other States.


  CHAPTER VI

  +Legal Persons having Qualified Status+                   50


  22. +Members of Confederations and Other Unions.+

  23. +Neutralized States.+

  24. +Protectorates, Suzerainties.+

  25. +Corporations.+
      (_a_) Private.
      (_b_) Exercising political powers.

  26. +Individuals.+

  27. +Insurgents.+
      (_a_) Definition.
      (_b_) Effect of admission of insurgency.

  28. +Belligerents.+
      (_a_) Definition.
      (_b_) Conditions prior to recognition.
      (_c_) Grounds of recognition.
      (_d_) Who may recognize.
      (_e_) Consequences.
          (1) Recognition by a foreign state.
          (2) Recognition by the parent state.

  29.