The Law of Commerce in Time of War: With Particular Reference to the Respective Rights and Duties of Belligerents and NeutralsW. Maxwell & Son., 1870 - Всего страниц: 150 |
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The Law of Commerce in Time of War: With Particular Reference to the ... Edward James Castle Недоступно для просмотра - 2020 |
The Law of Commerce in Time of War: With Particular Reference to the ... Edward James Castle Недоступно для просмотра - 2016 |
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actual Admiralty affreightment American Courts animus revertendi appear authority Barrister-at-Law belligerent blockaded port Bowden breach Britain British subject capture carrying charter-party charterer circumstances citizen claim commerce common law condemned considered contraband of war contraband persons contract Cranch cruiser Dana dealing and trading decisions declaration delicto despatches destination domicil enemy enemy's country enemy's port England Esposito fact force foreign French Government granted Halleck's Int held hostile Ibid ignorance illegal Inner Temple intention intercourse international law judgment jurisdiction knowledge laid law of nations licence Lincoln's Inn Lord Mansfield Lord Stowell says merchant military municipal law naval necessary neutral country neutral master neutral nations neutral port neutral ship neutral vessel notification offence owner particular parties penalty permitted principle Prize Courts protection purchased purpose question recognised residence rule of international sailing ship and cargo Sovereign territory tion traband transhipment treaty vide supra violation voyage Wheaton's Int
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Стр. 111 - ... (3) Equips any ship with intent or knowledge, or having reasonable cause to believe that the same shall or will be employed in the military or naval service of any foreign state at war with any friendly state...
Стр. 93 - The neutral flag covers enemy's goods, with the exception of contraband of war ; 3. Neutral goods, with the exception of contraband of war, are not liable to capture under enemy's flag; 4. Blockades, in order to be binding, must be effective ; that is to say, maintained by a force sufficient really to prevent access to the coast of the enemy.
Стр. 112 - He shall be guilty of an offence against this Act, and shall be punishable by fine and imprisonment, or either of such punishments, at the discretion of the court before which the offender is convicted; and imprisonment, if awarded, may be either with or without hard labour.
Стр. 110 - But there is nothing in our laws, or in the law of nations, that forbids our citizens from sending armed vessels, as well as munitions of war, to foreign ports for sale. It is a commercial adventure which no nation is bound to prohibit, and which only exposes the persons engaged in it to the penalty of confiscation.
Стр. 124 - Majesty's dominions by the captor, or any agent of the captor, or by any person having come into possession thereof with knowledge that the same was prize of war so captured as aforesaid, it shall be lawful for the original owner of such prize, or his agent or for any person...
Стр. 70 - Contra, if the great predominant character of a port be that of a port of naval military equipment, it shall be intended that the articles were going for military use, although merchant ships resort to the same place, and although it is possible that the articles might have been applied to civil consumption...
Стр. 112 - Builds, or agrees to build, or causes to be built, any Ship with intent or knowledge, or having reasonable cause to believe that the same shall or will be employed in the Military or Naval Service of any Foreign State at War with any friendly State...
Стр. 4 - It is now fully established that the presumed object ' of war being as much to cripple the enemy's commerce as to ' capture his property, a declaration of war imports a prohibition ' of commercial intercourse and correspondence with the inhabitants • of the enemy's country, and that such intercourse, except with the 'licence of the Crown, is illegal.
Стр. 36 - By the law and constitution of this country, the sovereign alone has the power of declaring war and peace. He alone therefore who has the power of entirely removing the state of war, has the power of removing it in part, by permitting, where he sees proper, that commercial intercourse which is a partial suspension of the war.
Стр. 15 - The universal sense of nations has acknowledged the demoralizing effects that would result from the admission of individual intercourse. The whole nation are embarked in one common bottom, and must be reconciled to submit to one common fate. Every individual of the one nation must acknowledge every individual of the other nation as his own enemy — because the enemy of his country.