International Law StudiesU.S. Government Printing Office, 1924 |
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Стр. 2
... Crown asks for the condemnation of the sailing ship , the Berlin , and her cargo as enemy property . No claim has been made in respect thereof ; but it is , never- theless , necessary to investigate the facts , and particu- larly to ...
... Crown asks for the condemnation of the sailing ship , the Berlin , and her cargo as enemy property . No claim has been made in respect thereof ; but it is , never- theless , necessary to investigate the facts , and particu- larly to ...
Стр. 9
... Crown to exclude from such immunity all similar vessels if there was reason for believing that some of them were utilized for aiding the enemy . And this seems to be the sense in which the second paragraph of article 3 of The Hague ...
... Crown to exclude from such immunity all similar vessels if there was reason for believing that some of them were utilized for aiding the enemy . And this seems to be the sense in which the second paragraph of article 3 of The Hague ...
Стр. 10
... Crown claims the cargo as prize or as droits of admiralty . The claimants , on the other hand , contend that the ... Crown and the claimants may be shortly stated as follows : The contention of the attorney general for the Crown was that ...
... Crown claims the cargo as prize or as droits of admiralty . The claimants , on the other hand , contend that the ... Crown and the claimants may be shortly stated as follows : The contention of the attorney general for the Crown was that ...
Стр. 12
... Crown as droits of admiralty or prize ? Before this question is dealt with , I desire to point out , and to emphasize , that nothing which I shall say in this case is applicable to capture or seizure at sea or in port of any property ...
... Crown as droits of admiralty or prize ? Before this question is dealt with , I desire to point out , and to emphasize , that nothing which I shall say in this case is applicable to capture or seizure at sea or in port of any property ...
Стр. 18
... Crown , and according to Lord Stowell , " Usage has construed this to include ships and goods already come into ports , creeks , or roads , and these not only of England and Ireland , but of all the dominions thereunto belonging " ; see ...
... Crown , and according to Lord Stowell , " Usage has construed this to include ships and goods already come into ports , creeks , or roads , and these not only of England and Ireland , but of all the dominions thereunto belonging " ; see ...
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Часто встречающиеся слова и выражения
according admiralty affidavit agent alleged allemands American Appam appeal apply Armour Armour & Co Ascher belligerent bill of lading Bjornson blockade Breitung Brême British cargaison cargo circumstances claim claimants condemnation conditional contraband confiscation Conseil des Prises Considérant consigned Copenhagen court of prize Crown Dacia damages décembre decision Déclaration declaration of London Denmark destination documents droit Elwarth enemy ship été evidence fact fait Fridland guerre Hamburg Heina international law jurisdiction ladite lard law of nations ledit Londres Lord Stowell lordships margarine matter ment Morris Morris & Co municipal law naval navire neutral merchandise October officer opinion order in council owners parties pounds principle prize court prize law prize regulations proceedings provisions purchase qu'il question referred regard requisition retaliation rubber rule seized septembre 1914 shipment shippers sold sous pavillon steamship subject to seizure Sulzbergers tion trade transactions transfert treaty vapeur vessel voyage
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Стр. 93 - While the guiding principles of the law must be followed, it is a truism to say that international law, in order to be adequate, as well as just, must have regard to the circumstances of the times, including "the circumstances arising out of the particular situation of the war, or the condition of the parties engaged in it:" vide The Jonge Margaretha (1799), 1 C.
Стр. 7 - Vessels used exclusively for fishing along the coast or small boats employed in local trade are exempt from capture, as well as their appliances, rigging, tackle, and cargo. They cease to be exempt as soon as they take any part whatever in hostilities. The contracting Powers agree not to take advantage of the harmless character of the said vessels in order to use them for military purposes while preserving their peaceful appearance.
Стр. 159 - A prize may only be brought into a neutral port on account of unseaworthiness, stress of weather, or want of fuel or provisions.
Стр. 142 - ... to take any captured vessel, any arms or munitions of war or other material for the use of the Government, and when the same...
Стр. 107 - The owner of the contraband is punished in the first place by the condemnation of his contraband property ; and in the second by that of the goods, even if innocent, which he may possess on board the same vessel.
Стр. 134 - It is the duty of the person who sits here to determine this question exactly as he would determine the same question if sitting at Stockholm ; to assert no pretensions on the part of Great Britain which he would not allow to Sweden in the same circumstances, and to impose no duties on Sweden, as a neutral country, which he would not admit to belong to Great Britain in the same character.
Стр. 145 - Those who are responsible for the national security must be the sole judges of what the national security requires. It would be obviously undesirable that such matters should be made the subject of evidence in a court of law or otherwise discussed in public.
Стр. 110 - Vous vous conformerez strictement aux interdictions imposées aux belligérants par la Convention XIII de La Haye, du 18 octobre 1907, concernant les droits et devoirs des puissances neutres en cas de guerre maritime.
Стр. 95 - The record of the United States in the past is not free from criticism. When neutral this Government has stood for a restricted list of absolute and conditional contraband. As a belligerent, we have contended for a...
Стр. 136 - An order authorizing reprisals will be conclusive as to the facts which are recited as showing that a case for reprisals exists, and will have due weight as showing what, in the opinion of His Majesty's advisers, are the best or only means of meeting the emergency; but this will not preclude the right of any party aggrieved to contend, or the right of the court to hold, that these means are unlawful, as entailing on neutrals a degree of inconvenience unreasonable, considering all the circumstances...