International Law StudiesU.S. Government Printing Office, 1925 |
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Стр. 28
... the court's jurisdiction , claimed immunity for the vessel because owned and possessed by the Turkish Government , and THE GUL DJERNAL asked that she be released . No 28 VESSELS : OWNERSHIP , CHARTER , AND SERVICE Gul Djemal, the...
... the court's jurisdiction , claimed immunity for the vessel because owned and possessed by the Turkish Government , and THE GUL DJERNAL asked that she be released . No 28 VESSELS : OWNERSHIP , CHARTER , AND SERVICE Gul Djemal, the...
Стр. 29
... Turkish Government and the United States are at peace with each other , but diplo- 1 " First . That at all the times mentioned in the libel herein , and at the time of the arrest of the Gul Djemal , the Gul Djemal was owned by the Turkish ...
... Turkish Government and the United States are at peace with each other , but diplo- 1 " First . That at all the times mentioned in the libel herein , and at the time of the arrest of the Gul Djemal , the Gul Djemal was owned by the Turkish ...
Стр. 30
... Turkish Government and under the administration of the transport section of the Olaim of im- ministry of marine . That government employed and paid the master , officers , and crew - the master being a reserve naval officer - and was in ...
... Turkish Government and under the administration of the transport section of the Olaim of im- ministry of marine . That government employed and paid the master , officers , and crew - the master being a reserve naval officer - and was in ...
Стр. 31
... Turkish Navy , was the accredited and recognized representative of that Government , possessed of ade- quate authority to protest against the seizure and object to the court's jurisdiction . We agree with the view advanced by the ...
... Turkish Navy , was the accredited and recognized representative of that Government , possessed of ade- quate authority to protest against the seizure and object to the court's jurisdiction . We agree with the view advanced by the ...
Стр. 103
... Turkish transport having on board 6,000 Turkish troops , who had with them rifles and ammunition , also six field guns so dis- posed on the ship's deck that , at suitable ranges , they could have been used with effect against the ...
... Turkish transport having on board 6,000 Turkish troops , who had with them rifles and ammunition , also six field guns so dis- posed on the ship's deck that , at suitable ranges , they could have been used with effect against the ...
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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.