International Law StudiesU.S. Government Printing Office, 1925 |
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Стр. 6
... British and Colonial Prize Cases , 515. ) Thus , the English courts , too , adopt the view that an unlimited application of that general principle , at least as regards enemy ships , is not within the meaning of the provision . As a ...
... British and Colonial Prize Cases , 515. ) Thus , the English courts , too , adopt the view that an unlimited application of that general principle , at least as regards enemy ships , is not within the meaning of the provision . As a ...
Стр. 31
... British Government was entitled to appear in the suit , to propound its claim to the vessel , and to raise the jurisdictional question . * * * Or , * * 31 with its sanction , its accredited and recognized repre- sentative might have ...
... British Government was entitled to appear in the suit , to propound its claim to the vessel , and to raise the jurisdictional question . * * * Or , * * 31 with its sanction , its accredited and recognized repre- sentative might have ...
Стр. 60
... British vessel , and the Tervaete on May 18 , 1920 , in the port of Bonanza , on the Guadalquivir River . At that time the Tervaete belonged to the Government of the King of the Belgians and was being run as a coal ship for public ...
... British vessel , and the Tervaete on May 18 , 1920 , in the port of Bonanza , on the Guadalquivir River . At that time the Tervaete belonged to the Government of the King of the Belgians and was being run as a coal ship for public ...
Стр. 61
... British court he submits himself to the jurisdiction of the court , and the court naturally will see that justice is done . If , therefore , there is a counter - claim or cross action the court , if necessary , will order the foreign 19 ...
... British court he submits himself to the jurisdiction of the court , and the court naturally will see that justice is done . If , therefore , there is a counter - claim or cross action the court , if necessary , will order the foreign 19 ...
Стр. 62
... British , The Diana ; 31 or foreign , The Courier . The argument of the appellants confuses the position of the British Crown , which can do no wrong , cf. Tobin v . The Queen , 33 with the position of a foreign sovereign , in favor of ...
... British , The Diana ; 31 or foreign , The Courier . The argument of the appellants confuses the position of the British Crown , which can do no wrong , cf. Tobin v . The Queen , 33 with the position of a foreign sovereign , in favor of ...
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action admiralty American appeal applied armed ship armed vessels article 55 Belgian belligerent Bernisse British capture cargo civilian claim claimants collision commission compensation Conner counsellor court at Sasebo Crown damages decision decree defendants destruction detained enforced engaged English Government Esperanza fact February 16 foreign sovereign German German submarine Grain Corporation Gul Djemal Haelen Hague convention immunity impleaded Island judgment jurisdiction Kirkwall liability libel lordships loss Majesty's Government maritime lien matter ment merchant vessel military character nationals navigation obligations officer operated opinion order in council owners Parlement Belge party persons plaintiffs port possession principle prize bounty Prize Code prize court pro hac vice proceedings provisions public vessel purposes question reason release requisition charter Rufisque rules sailing vessels Shipping Board steamer steamship submarine sunk supreme prize court Sylvan Arrow Tervaete tion tort treaty of Berlin treaty of Versailles Turkish voyage Waubesa Western Maid York
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Стр. 140 - Convention does not apply in this case, because of the "general participation" clause in Article 2 of the Hague Convention of 1907. That clause provided: "The provisions contained in the regulations (rules of land warfare) referred to in Article 1 as well as in the present convention do not apply except between contracting powers, and then only if all the belligerents are parties to the convention.
Стр. 58 - ... the international comity which induces every sovereign state to respect the independence of every other sovereign state, each and every one declines to exercise by means of any of its courts, any of its territorial jurisdiction over the person of any sovereign or ambassador of any other state, or over the public property of any state which is destined to Its public use, or over the property of any ambassador, though such sovereign, ambassador or property be within its territory, and therefore,...
Стр. 56 - The principle to be deduced from all these cases is that, as a consequence of the absolute independence of every sovereign authority, and of the international comity which induces every sovereign State to respect the independence and dignity of every other sovereign State, each and every one declines to exercise by means of its courts any of its territorial jurisdiction over the person of any sovereign or ambassador of any other State, or...
Стр. 43 - Legal obligations that exist but cannot be enforced are ghosts that are seen in the law but that are elusive to the grasp.
Стр. 32 - Every vessel purchased, chartered, or leased from the board, shall, unless otherwise authorized by the board, be operated only under such registry or enrollment and license. Such vessels while employed solely as merchant vessels shall be subject to all laws, regulations, and liabilities governing merchant vessels, whether the United States be interested therein as owned, in whole or in part, or hold any mortgage, lien, or other interest therein.
Стр. 134 - Powers expressly reserved the right "to retain and liquidate all property, rights and interests belonging at the date of the coming into force of the present Treaty to German nationals, or companies controlled by them, within their territories, colonies, possessions and protectorates, including territories ceded to them by the present Treaty".
Стр. 32 - That if a privately owned vessel not in the possession of the United States or of such corporation is arrested or attached upon any cause of action arising or alleged to have arisen from previous possession, ownership, or operation of such vessel by the United States or by such corporation, such vessel shall be released without bond or stipulation therefor upon the suggestion by the United States, through its Attorney General or other duly authorized law officer, that it is interested in such cause,...
Стр. 53 - It is, we think, a sound principle, that when a government becomes a partner in any trading company, it divests itself, so far as concerns the transactions of that company, of its sovereign character, and takes that of a private citizen.
Стр. 70 - This claim or privilege travels with the thing, into whosesoever possession it may come. It is inchoate from the moment the claim or privilege attaches, and when carried into effect by legal process, by a proceeding in rem, relates back to the period when it first attached.
Стр. 67 - States, or any domestic or domestic servant of any such ambassador or other public minister, may be arrested or imprisoned, or his or their goods or chattels be distrained, seized, or attached, such writ or process shall be deemed and adjudged to be utterly null and void to all intents, constructions, and purposes whatever.