Part Taken by Courts of Justice in the Development of International Law: Inaugural Address Delivered [before] the International Law Association, at Its Conference at Rouen, Aug. 21, 19001901 - 27 pages |
Other editions - View all
The Part Taken by Courts of Justice in the Development of International Law ... Simeon Eben Baldwin No preview available - 2017 |
The Part Taken by Courts of Justice in the Development of International Law ... Simeon Eben Baldwin No preview available - 2017 |
The Part Taken by Courts of Justice in the Development of International Law; Simeon Eben Baldwin No preview available - 2015 |
Common terms and phrases
administer Admiralty jurisdiction American Courts appeal application asserted authority Belli ac Pacis belligerent Britain Burrow's Reports century chap CHARING CROSS civilised CLOWES AND SONS comity of nations Common Law considered Constitution contracting powers contrary controversy Court of Admiralty Courts of Justice Cranch's Reports declare decree doctrine Droit Int Duke of Brunswick enforcement England executive force foreign Government Grotius judgment judicial decision Jure Belli ac jurisprudence jus gentium jus naturale Keyn land law merchant law of nations law of nations.2 Law Reports legislative libel maritime law modern usage municipal law neutral obligations owner principles PRINTED BY WILLIAM Prise Maritime private international law Prize Courts proceedings prolegomena publicists question Revue de Droit ROUEN rule of international sovereign power STAMFORD STREET statute STREET AND CHARING Studies in International Sultan of Johore Supreme Court three-mile line treaty tribunals Triquet United States Reports vessel Wallace's Reports WILLIAM CLOWES
Popular passages
Page 12 - Neutral goods, with the exception of contraband of war, are not liable to capture under the 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.
Page 12 - 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.
Page 6 - It required and authorized the Court of Admiralty "to proceed upon all and all manner of captures, seizures, prizes, and reprisals, of all ships and goods, that are, or shall be, taken ; and to hear and determine, according to the course of the Admiralty, and the law of nations.
Page 7 - It is that the duty of my station calls for from me ; — namely to consider myself as stationed here, not to deliver occasional and shifting opinions to serve present purposes of particular national interest, but to administer with indifference that justice which the law of nations holds out, without distinction, to independent states, some happening to be neutral and some to be belligerent.
Page 7 - I trust that it has not escaped my anxious recollection for one moment, what it is that the duty of my station calls for from me ; — namely, to consider myself as stationed here, not to deliver occasional and shifting opinions to serve present purposes of particular national interest, but to administer with indifference that justice which the law of nations holds out, without distinction, to independent states, some happening to be neutral and some...
Page 7 - The seat of judicial authority is, indeed, locally here, in the belligerent country, according to the known law and practice of nations ; but the law itself has no locality. 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...
Page 16 - What is termed the comity of nations is the formal expression and ultimate result of that mutual respect accorded throughout the civilized world by the representatives of each sovereign power to those of every other, in considering the effects of their official acts. Its source is a sentiment of reciprocal regard, founded on identity of position and similarity of institutions
Page 22 - Lord Stowell, in the English Court of Admiralty, in a case arising in 1798, regarded this as " a rule of comity only, and not of legal decision." The Supreme Court of the United States, on appeal in the case to which I now allude, held that what might have been a matter of comity at the close of the last century had, by the close of this, ripened into a settled rule of international law ; that this was shown by the works of...
Page 10 - Law as are either universally recognised or have at any rate received the assent of this country are per se part of the law of the land.
Page 7 - ... distinction, to independent States, some happening to be neutral and some to be belligerent. The seat of judicial authority is, indeed, locally here, in the belligerent country, according to the known law and practice of nations; but the law itself has no locality. 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...