The Project Gutenberg EBook, International Law, By George Grafton .

122. History. 123. Declaration. 124. Divisions. CHAPTER XXIII Relations of Neutral States and Belligerent States 285125. General Principles of the Relations betweenStates. 126. Neutral Territorial Jurisdiction. 127. Regulation of Neutral Relations. ( a )( b )( c )( d )To belligerent troops.Asylum for vessels.Ordinary entry.Sojourn of vessels.128. No Direct Assistance by Neutral. ( a )( b )( c )( d )Military.Supplies.Loans.Enlistment.129. Positive Obligations of a Neutral State. CHAPTER XXIV Neutral Relations between States and Individuals 298130. Ordinary Commerce. ( a ) Destination.( b ) Ownership of goods.( c ) Nationality of vessel.( d ) Declaration of Paris.131. Contraband. 132. Penalty for Carrying Contraband. 133. Unneutral Service. 134. Visit and Search. ( a ) Right.( b ) Object.( c ) Method.( d ) Ship's papers.( e ) Grounds of seizure.( f ) Seizure.135. Convoy. 136. Blockade. ( a ) Historical.( b ) Conditions of existence.( c ) A war measure.( d ) Who can declare.( e ) Notification.( f ) Must be effective.( g ) Cessation.137. Violation of Blockade. 138. Continuous Voyages. 139. Prize and Prize Courts. Appendices 331 Index 59.txt[8/5/2015 12:17:43 PM]

BIBLIOGRAPHYThis list contains the titles of books most frequently cited in thefollowing pages:- Bluntschli, J. C. Le droit international. (Lardy), 1886. Bonfils. Droit International Public. (Fauchille), 1898. Calvo, Ch. Droit International. 5e éd. 6 vols. 1896. Cobbett, Pitt. Leading Cases and Opinions on International Law. 2ded, 1892. Dahlgren, J. A. Maritime International Law. 1877. Davis, G. B. The Elements of International Law. 1901. Despagnet. Droit International Public. 2d ed. 1899. Field, D. D. Outline of an International Code. 1876. Glass, H. Marine International Law. 1884. Glenn, E. F. Hand Book of International Law. 1895. Grotius, H. De Jure Belli ac Pacis. 3 vols. Whewell. 1853. Hall, W. E. International Law. 4th ed. 1895. Halleck, H. W. Elements of International Law. 3d ed. Baker. 1893. Heffter, A. G. Droit International. 4th ed. Geffeken. 1883. Hertslet, E. Map of Europe by Treaty, 1815-1891. 4 vols. 1875-1891. Holls, F. W. The Peace Conference at the Hague. 1900. Hosack, J. Rise and Growth of the Law of Nations. 1882. Kent, J. Commentaries on American Law. 14th ed. Lawrence, T. J. Principles of International Law. 2d ed. 1901. Lehr, E. Manuel des Agents Diplomatiques et Consulaires. 1888. Maine, H. International Law. 1888. Moore, J. B. Extradition and Interstate Rendition. 2 vols. 1891.---- International Arbitrations. 6 vols. 1898. Ortolan, T. Diplomatie de la Mer. 4th ed. 2 vols. 1864. Perels, F. Manuel de Droit Maritime International par Arendt. 1884. Phillimore, R. International Law. 3d ed. Pomeroy, J. N. International Law in Times of Peace. 1886. Pradier-Fodéré, P. Trait de Droit International Public Européen etAmericain. 7 vols. 1885-1897. Rivier, A. Principes du Droit des Gens. 2 vols. 1896. Snow, F. Cases and Opinions on International Law. 1893.---- American Diplomacy. 1894.---- International Law. Naval War College. Prepared by Stockton. 2ded. 1898. Takahashi, S. Cases on International Law, Chino-Japanese. 1896. Treaties and Conventions between the United States and Other Powers,1776-1887. 1759.txt[8/5/2015 12:17:43 PM]

Treaties in Force , Compilation of United States. 1899. Vattel, E. Law of Nations. Trans. Ingraham. 1876. Walker, T. A. Science of International Law. 1893.---- Manual of Public International Law. 1895.---- History of the Law of Nations, vol. 1. 1899. Westlake, J. Chapters on Principles of International Law. 1894. Wharton, F. Digest of International Law. 3 vols. 2d ed. 1887. Wheaton, H. Elements of International Law. 1836.---- Edited by Lawrence, W. B. 1863.---- Edited by Dana, R. H. 1865.---- Edited by Boyd, A. C. 2d ed. Woolsey, T. D. International Law. 6th ed. 1891.ABBREVIATIONS OF CITATIONSThe following are the important abbreviations of citations:-Ann. Cycl.Appleton's Annual Cyclopædia.Br. & For. St. Pap.British and Foreign State Papers.C. Rob. Chr.Robinson's English Admiralty Reports.Brussels CodeConference at Brussels, 1874, on MilitaryWarfare.Cr.Cranch's United States Reports.Fed. Rep.Federal Reporter.Gould & TuckerGould and Tucker's Notes on the UnitedStates Statutes.HallHall's International Law (4th ed.).HertsletHertslet Map of Europe by Treaty.How.Howard United States Reports.Instr. U. S. Armies.Instructions for the Government of Armiesof the United States in the Field.Kent's Com.Kent's Commentaries (14th ed.).LawrenceLawrence's Principles of International Law.Oxford ManualManual of the Laws of War on Land, Oxford,1880.Pet.Peters's United States Reports.SchuylerSchuyler's American Diplomacy.TakahashiTakahashi's Cases during the Chino-JapaneseWar.Treaties of U. S.Treaties and Conventions of the UnitedStates, 1776-1887.U. S. For. Rel.United States Foreign Relations.U. S. Naval War CodeUnited States Naval War Code.U. S.United States Reports.U. S. Rev. Sts.United States Revised /pg41759.txt[8/5/2015 12:17:43 PM]

U. S. Sts. at LargeUnited States Statutes at Large.Wall.Wallace, United States Reports.Whart.Wharton's International Law Digest.Wheaton D.Wheaton's International Law (Dana's edition).Wheat.Wheaton's United States Reports.TABLE OF CASES CITEDAlabama, The, 297, 435.Alcinous v. Nigreu, 238, 432.Alexandra, The, 436.Anna, The, 102.Anne, The, 287.Atalanta, The, 308, 443.Bermuda, The, 322, 444.Bolton v. Gladstone, 31, 430.Brown v. United States, 241, 432.Caroline, The, 71, 289, 434.Chesapeake, The, 145.Commercen, The, 305, 441.Constitution, The, 138.Exchange v. M'Faddon, 138.Florida, The, 436.Foster v. Neilson, 46.Friendship, The, 442.Gen. Armstrong, Case of the, 287.Georgia, The, 436.Grotius, The, 258, 433.Harcourt v. Gaillard, 42, 430.Huascar, The, 57.In the Matter of Metzger, 142, 431.Jones v. United States, 46, 431.Jonge Tobias, The, 306, 441.Juffrow Maria Schroeder, 320, 443.Koszta, The Case of, 128, 129.Kow-Shing, 310, 442.La Manche, The, 327, 444.Magnus, The, 441.Maria, The, 310, 321, 444.Marianna Flora, The, 759.txt[8/5/2015 12:17:43 PM]

M'Ilvaine v. Coxe's Lessee, 42.Montezuma, The, 57.Nassau, The, 326.Orozembo, The, 309, 442.Pampero, The, 436.People v. McLeod, 434.Peterhoff, The, 303, 440.Prize Cases, 231, 323.Regina v. Keyn, 112.Rothschild v. Queen of Portugal, 136.Santa Cruz, The, 30, 433.Santissima Trinidad, The, 69.Sea Lion, The, 267, 433.Shenandoah, The, 436.Sir William Peel, The, 327.Sophie, The, 273, 434.Springbok, The, 327.Staadt Embden, The, 306.State of Mississippi v. Johnson, 46, 431.Stephen Hart, The, 322, 443.Swineherd, Case of the, 273.Twee Gebroeders, The, 288, 435.Two Friends, The, 261, 433.United States v. Ambrose Light, 57.United States v. Baker, 254, 432.United States v. Rauscher, 31, 430.Vavasseur v. Krupp, 135.Venus, The, 266, 433.Virginius, The, 71.Wildenhus's Case, 120, 431.Williams v. Suffolk Insurance Company, 46, 431.William, The, 321.PART IGENERAL AND HISTORICALINTERNATIONAL LAWCHAPTER IDEFINITION AND GENERAL 1759.txt[8/5/2015 12:17:43 PM]

1. Definition. ( a ) Philosophical: what ought to be.( b ) Scientific: what is.2. Divisions. ( a ) Public.( b ) Private.3. Scope. § 1. DefinitionInternational law may be considered from two points of view, viz.:-( a ) From the philosophical point of view , as setting forth the rulesand principles which ought to be observed in interstate relations.( b ) From the scientific point of view , as setting forth the rulesand principles which are generally observed in interstate relations.Wheaton, D., 23: "International law, as understood among civilizednations, may be defined as consisting of those rules of conduct whichreason deduces, as consonant to justice, from the nature of thesociety existing among independent nations; with such definitions andmodifications as may be established by general consent." See also I.Pradier-Fodéré, pp. 8, 41.Early writers treated especially of those principles which ought to beobserved in interstate action, and the wealth of quotation and testimonyintroduced to establish the validity of principles now considered almostaxiomatic, is overwhelming. In the days of Ayala, Brunus, Gentilis,Grotius, and Pufendorf, all the argument possible was needed to bringstates to submit to these principles. The conditions and relations ofstates have so changed that at the present time a body of fairlyestablished rules and principles are observed in interstate action,and form the subject-matter of international law.[1]§ 2. DivisionsInternational law is usually divided into:-( a ) Public international law , which treats of the rules andprinciples which are generally observed in interstate action, and( b ) Private international law , which treats of the rules andprinciples which are observed in cases of conflict of jurisdiction inregard to private rights. These cases are not properly international,and a better term for this branch of knowledge is that given by JudgeStory, "The Conflict of Laws."[2]International law, in the true sense, deals only with state affairs.§ 3. ScopeInternational law is generally observed by civilized states; even someof those states not fully open to western civilization profess toobserve its rules.[3] The expansion of commerce and trade, theintroduction of new and rapid means of communication, the diffusion ofknowledge through books and travel, the establishment of permanentembassies, the making of many treaties containing the same generalprovisions, and the whole movement of modern civilization towardunifying the interests of states, has rapidly enlarged the range ofinternational action and the scope of international law. Civilizedstates, so far as possible, observe the rules of international law intheir dealings with uncivilized communities which have not yet attainedto statehood. International law covers all the relations into whichcivilized states may come, both peaceful and hostile. In general, itshould not extend its scope so as to interfere with domestic affairs orto limit domestic jurisdiction, though it does often limit the economicand commercial action of a given state, and determine to some extent itspolicy.CHAPTER pg41759.txt[8/5/2015 12:17:43 PM]

4. Early Terminology. ( a ) Jus naturale.( b ) Jus gentium.( c ) Other terms.5. Historical Bases. 6. Ethical Bases. 7. Jural Bases. ( a )( b )( c )( d )( e )Roman law.Canon law.Common law.Equity.Admiralty law.8. International Law and Statute Law. 9. How far is International Law entitled to be called Law? § 4. Early TerminologyThe conception of those rules and principles of which international lawtreats has varied greatly with periods, with conditions, and withwriters.The early terminology indicates the vagueness of the conceptions of theprinciples governing conduct of man toward his fellows.( a ) Jus naturale is defined broadly by Ulpian[4] as "the law whichnature has taught all living creatures, so as to be common to men andbeasts." Grotius also uses this term, defining it as "the dictate ofright reason, indicating that any act from its agreement or disagreementwith rational nature has in it moral turpitude or moral necessity, andconsequently such act is either forbidden or enjoined by God, the authorof nature."[5] Lieber says, "The law of nature, or natural law . isthe law, the body of rights, which we deduce from the essential natureof man."[6] The discussion of jus naturale has been carried on from anearly period,[7] covering many portions of the field of moderninternational law, and making possible the broadening and strengtheningof its foundation.( b ) Jus gentium , according to Justinian, is "that which naturalreason has established among all men, that which all peoples uniformlyregard."[8] " Jus gentium is common to the whole human kind."[9] Thisidea of a body of law common to all men assumed a different meaning whenstates multiplied and writer after writer redefined and qualified itsmeaning. Jus gentium became the subject of many controversies.[10]Among the qualifying terms were "internal," "necessary," "natural,""positive."( c ) Other terms were used to name the field or portions of the fieldof modern international law. Jus fetiale applied particularly to thedeclaration of war and sanction of treaties.[11] Jus inter gentes wasused by Zouch in 1650 to name the real field of international law. Lawof nations was the term commonly used in England till the days ofBentham; since that time the term international law , which he adopted,has steadily grown in favor, till almost universal in the Englishlanguage.[12]The change in terminology shows in a measure the growth in demarking thefield of international law.§ 5. Historical BasesInternational law in its beginning may have been largely determined byabstract reasoning upon what ought to be the principles and rulesgoverning interstate relations; but in its later development, as it hasbecome more and more recognized as a safe guide for the conduct ofstates in their relations with other states, not abstract reasoning asto what ought to be , but direct investigation of what is , hasdetermined the character of the rules and principles. What is statepractice in a given case can only be determined by reference to history.From the history of cases and practice, the general rule and principleis derived, and modern international law thus comes to rest largely uponhistorical 41759.txt[8/5/2015 12:17:43 PM]

§ 6. Ethical BasesWhile international law now looks to history as one of its mostimportant bases, it must nevertheless accord somewhat closely with theethical standards of the time, and will tend to approximate to them. Thegrowth of the body of law upon slavery has rested on both ethical andhistorical bases. International law is principally an output ofcivilized nations having certain ethical standards. Such ancientpractices as the giving of hostages for the fulfillment of treatystipulations have disappeared, and ethical bases are generallyrecognized in determining practice.[13] While these ethical bases shouldbe recognized, international law cannot be deduced from the subtlereasoning upon the abstract ideas of what it ought to be . Moderninternational law treats mainly of what is , but what is ininternational relations is always conditioned by a recognition of whatought to be .§ 7. Jural BasesThe nature of modern international law is in part due to the jural basesupon which it rests.( a ) The Roman law was the most potent influence in determining theearly development, particularly in respect to dominion and acquisitionof territory. International law gained a certain dignity and weight fromits relation to the Roman law, the most potent legal institution inhistory.( b ) The canon law , as the law of the ecclesiastics who were supposedto recognize the broadest principles of human unity, gave an ethicalelement to early international law. Gregory IX. (1227-1241), theJustinian of the Church, reduced canon law to a code. The abstractreasoning upon its principles among the clergy and counsellors of kings,made it a part of the mental stock of the early text writers, while itstrongly influenced state practice. The canon law gave aquasi-religious sanction to its observance, and in so far asinternational law embodied its principles, gave the same sanction to theobservance of international equity. This may be seen in the religiousformula in treaties, even to a late date.( c ) The common law , itself international as derived from threesystems, according to tradition, by Edward the Confessor, andsubsequently modified by custom, furnished a practical element indetermining the nature of international law.( d ) Equity promoted the development of the recognition of principlesin international law. In the early days of England cases arose whichwere not within the cognizance of the common law judges. The petitionerhaving applied to the king in Parliament or in council for justice, hispetition was referred to the chancellor, the keeper of the king'sconscience, who, after a hearing, required that what was equitableshould be done. Thus the simpler matters came before the common lawcourt, the more difficult before the equity court. Even now a jurylargely deals with questions relating to the recovery of money, andtheir decision is a verdict , which is followed by a judgment. In anequity court, the more difficult problems of business and commerce areconsidered; and the decision of the judge is a decree .( e ) Admiralty law may be defined as in one sense the law of the sea.Anterior to and during the Middle Ages, the maritime relations of statesgave rise to sea laws, many of which are to-day well-recognizedprinciples of international law.§ 8. International and Statute LawStatute law proceeds from legislative enactment, and is enforced by thepower of the enacting state within its jurisdiction.International law, on the other hand, is not formally enacted, and hasno tribunal for its enforcement. Resort may be had to war in case ofinfraction of its rules, but the issue may rather depend upon therelative powers of the two states and not upon the justice of the cause.§ 9. How far is International Law entitled to be called Law?If law is defined, as by Austin, "A rule laid down for the guidance ofan intelligent being by an intelligent being having power over /pg41759.txt[8/5/2015 12:17:43 PM]

it would not be possible to include under it international law withoutundue liberality in the interpretation of the language.In form, however, law is a body of rules and principles in accord withwhich phenomena take place. If these rules are not followed asenunciated by the state in case of statute law, certain penalties areinflicted. The nature of the penalty must to a great extent depend onthe source. International law is the body of rules and principles, inaccord with which, interstate phenomena take place. Violati

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