International Law and the World War, Volume 1

Front Cover
Longmans, Green, 1920 - International law - 1058 pages
 

Contents

00 90 48 49 50 38 Status of Enemy Diplomatic and Consular Representatives in Occupied Territory
38
Care of Belligerent Interests by Neutral Embassies and Legations 333333 51
39
Former Practice
40
Opinions of the Authorities
41
The Enemy Alien Problem of the Recent
42
Who are Enemy Aliens?
43
Early English Measures in Respect to Enemy Aliens
44
Proposed Exchange of Enemy Aliens
45
Final Agreement Reached
46
Early British Policy as to Internment
47
Mob Outbreaks
48
Demand for General Internment
49
Policy of General Internment Adopted
50
Early Measures Adopted in France
51
General Internment in France
52
Agreement as to Exchange
53
Attitude of Public Opinion in France
54
Denationalization of French Citizens of German Origin
55
Early German Policy
56
General Internment in Germany
57
Status of Germans in Italy
58
The Portuguese Measure of Expulsion
59
Japanese Policy
60
Policy of the United States 605 56 58 59
61
Compulsory Declaration of Enemy Property
66
77
77
82
82
CHAPTER IV
86
Early German Policy
93
German British and French Policies Compared
99
E PATENTS TRADEMARKS AND COPYRIGHTS
106
The Status of Copyrights
113
Right of a Firm Domiciled in Germany to Sue Denied
129
Early Opinion and Practice in France
136
The Right to Sue Affirmed by Some French Courts
142
CHAPTER VI
147
The Old Practice
148
IOI Modern Practice
149
The Rules of the Hague Convention
150
Purpose and Effect of the Convention
152
Status of the Convention During the Recent War
153
British and French Practice During the Recent War
154
Action of Other Governments
156
The Case of the Marie Glaeser
157
Case of the Mowe
158
Decisions by the Prize Court of Egypt
159
Status of Refugee Enemy Merchant Vessels
161
Status of Yachts
162
Decisions of the French Council of Prizes
164
German Practice
166
Policy of the United States
167
The Right of Confiscation
168
Decision of the Peace Conference Regarding the German Ships
171
Right of Belligerents to Requisition Neutral Vessels
172
Requisition by the United States and Great Britain of Dutch Merchant Vessels
174
Right of Neutrals to Requisition Belligerent Vessels in Their Ports Action of Italy Portugal and Brazil
176
CHAPTER VII
181
The Case of the Bellas
183
Transfer of Americanowned Vessels from German to American Regis try after the Outbreak of War
184
The Case of the Dacia
185
The French Rule
186
British Authority and Practice
188
Views Expressed at the London Naval Conference of 19089
191
Rules Adopted by the London Conference
192
What Rule to be Applied?
193
Decision of the French Council of Prizes
194
Observations on the Dacia Decision
195
SECTION PAGE 134 Abrogation of Article 57 of the Declaration of London
197
Seizure of Germanowned Ships under Neutral Flags
198
German Law and Practice
200
Question Raised by the American Shippurchase Bill in 1915
201
Controversy Between Chili and Great Britain
203
Transfer of Warships from Belligerent to Neutral Flags
205
Sale of Enemy Cargo to a Neutral in Anticipation of War
206
CHAPTER VIII
208
The AngloAmerican Rule
209
The Common Law Prohibition Applies to All Intercourse with the Enemy
211
Test of Enemy Character
212
Relaxations from the Common Law Rule
216
British Legislation
217
The Continental Tyre and Rubber Case
218
Decision of the House of Lords
219
Right of Enemy Shareholders to Vote Stock
221
Views of the Prize Court
222
The Question of Enemycontrolled Companies in France
223
French Practice
224
American Judicial Authority
226
British and French Policy at Variance
228
British Black List Legislation
229
The American Representation and the British Reply
230
The American Protest
231
The British Answer
232
Merits of the American Contention
233
The United States as a Belligerent Adopted the British Policy
234
French Legislation and Practice The Decree of September 27 1914
235
Judicial Interpretation of the Decree
236
German Policy Ordinance of August 10 1914
238
Judicial Interpretation
239
Character of the German Legislation
240
CHAPTER IX
241
Doctrine as to Antebellum Contracts
243
The Law as to Contracts of Partnership
249
Shares and Debentures
252
Effect of War on Public Debts Due Enemy Aliens
253
French Law and Practice
254
German Theory and Practice
259
CHAPTER X
262
Charges and Countercharges During the Late War
263
The Law and Evidence Reviewed
268
German Protest Against the Use of Shotguns
270
Use of Asphyxiating and Poisonous Gases
271
Lawfulness of this Mode of Warfare
273
The German Defence
274
Provisions of the Hague Convention
277
German Theory in Respect to Instrumentalities and Means Views of von Clausewitz von Hartmann and von Moltke
278
Views of the Kriegsbrauch im Landkriege
280
The More Enlightened View
282
CHAPTER XI
284
Use of Liquid Fire
287
Charges in Respect to the Poisoning of Wells
288
Employment of Uncivilized Troops
292
Lawfulness of Taking Hostages for Securing the Obedience of the Inhabitants
308
What Punishment May be Inflicted on Hostages?
309
Use of Captives as Screens of Protection Against Attack by the Enemy
311
Instances in France
313
Evaluation of the Evidence
314
CHAPTER XIII
315
Testimony of Ambassadors Sharp and Penfield
317
The German Defence
319
The Law in Respect to Devastation
320
Conclusion
322
Further Devastation and Looting in 1918
323
Protest and Demand for Retaliation
325
The German Excuse
327
CHAPTER XIV
329
Countermeasures of the British Government
331
The German War Zone Decree of February 4 1915
334
The British and German Measures Compared
335
The German Barred Zone Decree of January 1917
336
Character of the German Measure
339
Provisions of the Hague Convention
341
The British War Zone of November 1914
345
The American Protest Against the German Decree of February 4 1915
346
The American Proposal of February 20 1915
347
The Dutch Protest
350
Legality of Maritime War Zones
351
CHAPTER XV
355
The Sinking of the Lusitania
356
The German Defence Analyzed
361
SECTION PAGE 233 Opinions of the Authorities as to the Right of Destruction
362
Past Practice as to the Sinking of Prizes
363
Restrictions and Conditions
366
Duty of the Captor to Provide for the Safety of Passengers and Crews
367
Practice in Former Wars
370
German Procedure During the Recent War
371
Its Unlawfulness
372
German Arguments
374
The German Arguments Analyzed
377
Setting Crews and Passengers Adrift in Small Boats
380
Other Submarine Atrocities
381
CHAPTER XVI
384
British Representations as to Converted Merchantmen
385
The Same as to the Right of Armed British Merchantmen to Enter Neutral Ports
386
The American Circular of September 19 1914
388
The German Protest
389
The American Memorandum of March 26 1916
390
The Status of Armed Merchantmen on the High Seas
393
The German Decree of February 8 1916
394
The British Reply to the German Charges
396
The German Charges Analyzed
397
The German Contention Regarding the Right of Merchant Vessels to Carry Armament
398
Practice of the Past
399
The Right Attached by the Germans
401
Discussion by the Institute of International Law
402
Views of Dr Schramm
403
Views of Professor Oppenheim
404
The German Argument Analyzed
405
Right of Unarmed Merchant Vessels to Resist Attack www Case of Captain Fryatt
407
German Defence of the Shooting of Captain Fryatt
409
The German Contention Analyzed
410
Nature of Captain Fryatts Offence
411
Right of Armed Neutral Merchantmen to Resist Attack
413
The Arming of American Merchant Vessels in 1917
414
Defence of the American Policy
415
CHAPTER XVII
417
Charges Against the Entente Powers
419
SECTION PAGE 272 Bombardments Without Notice
423
Naval Bombardments
425
Views and Practice as to Bombardments of Undefended Coast Towns
426
Provisions of the Hague Convention Regarding Naval Bombardment
427
Interpretation of the Hague Rules
429
The German Contention as to the Right to Bombard English Coast Towns
430
The German Arguments Analyzed
431
CHAPTER XVIII
434
Early Practice
435
Burning of the University of Louvain
437
The German Defence
439
The German Defence Analyzed
440
Destruction of the Cathedral of Rheims
441
The German Defence Analyzed
443
Destruction of Other Edifices and Historic Monuments in Belgium and France
446
Still Other Examples of Vandalism
449
Destruction of Historic Monuments and Objects of Art in Italy
451
Observations on the Law and German Practice
453
CHAPTER XIX
458
Aerial Operations During the Recent War
459
Air Raids Over England
460
Aerial Bombardment of Italian Towns
462
Aerial Operations by Entente Aviators
463
Summary of Results
465
Recent Discussion of the Question
467
When is a Place Defended Against Aerial Bombardment?
469
Is it the Duty of an Aviator to Give Warning of an Intended Bombard ment?
471
Violations of Dutch Neutrality
474
Other Instances Charged
477
The Law Governing Aerial Navigation Over Neutral Territory
478
Theories of the Jurists and Text Writers
479
Views of the Institute of International Law
481
Other Questions Affecting Neutrals
482
Legality of the Aeroplane as an Instrument of Combat
483
SECTION PAGE 309 The German Justification
487
Aerial Attacks as Acts of Reprisal
488
Treatment of Captured Aviators
494
CHAPTER XX
497
Charges as to German Violations of the Convention in Belgium
498
French Charges Against the Germans
499
Bombing of Hospitals
500
German and Austrian Charges
502
The Charges Analyzed
503
Sinking of Hospital ShipsThe Amiral Gauteaume
505
Cases of the Asturias Anglia Portugal Britannic Uperiode and Bremer Castle
506
The German Charge Respecting the Misuse of British Hospital Ships
508
The British Reply
509
Sinking of the Asturias Gloucester Castle Lanfranc Donegal and Dover Castle
511
Protest of the International Red Cross Committee
512
British and French Countermeasures
513
Sinkings in 1918the Rewa the Glenart Castle the Guilford Castle the Llandovery Castle the Warilda
515
Charges Against the Entente Powers Cases of the Elektra the Ophelia and the Paklat
517
Torpedoing of Ships Engaged on Philanthropic Missions
519
German Excuses
521
Conclusion
523
Copyright

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Popular passages

Page 466 - The contracting powers agree to prohibit, for a period extending to the close of the Third Peace Conference, the discharge of projectiles and explosives from balloons or by other new methods of a similar nature.
Page 14 - Considering: That the progress of civilization should have the effect of alleviating as much as possible the calamities of war; That the only legitimate object which States should endeavour to accomplish during war is to weaken the military forces of the enemy...
Page 214 - Any individual, partnership, or other body of individuals, of any nationality, resident within the territory (including that occupied by the military and naval forces) of any nation with which the United States is at war, or resident outside the United States and doing business within such territory...
Page 131 - If he is brought at the suit of a party before a court of justice, he must have the right of submitting his answer to the court. To deny him that right would be to deny him justice, and would be quite contrary to the basic principles guiding the King's courts in the administration of justice.
Page 119 - Villa, who, it is urged, confiscated them contrary to the provisions of the Hague Convention of 1907 respecting the laws and customs of war on land; that the judgment of the State court denied to the plaintiff in error this right which he "set up and claimed" under the Hague Convention or treaty; and that this denial gives him the right of review in this court.
Page 119 - ... de déclarer éteints, suspendus ou non recevables en justice, les droits et actions des nationaux de la Partie adverse.
Page 216 - Such other individuals, or body or class of individuals, as may be natives, citizens, or subjects of any nation with which the United States is at war, other than citizens of the United States, wherever resident or wherever doing business, as the President, if he shall find the safety of the United States or the successful prosecution of the war shall so require, may, by proclamation, include within the term "enemy.
Page 282 - That the only legitimate object which states should endeavor to accomplish during war is to weaken the military forces of the enemy ; That for this purpose it is sufficient to disable the greatest possible number of men ; That this object would be exceeded by the employment of arms which uselessly aggravate the sufferings of disabled men or render their death inevitable; That the employment of such arms would, therefore, be contrary to the laws of humanity...
Page 188 - The rule which this country has been content to apply is, that property so transferred must be bona fide and absolutely transferred; that there must be a sale divesting the enemy of all further interest in it; and that anything tending to continue his interest, vitiates a contract of this description altogether.
Page 31 - Government will therefore insist that the rights and duties of the Government and citizens of the United States in the present war be defined by existing rules of international law and the treaties of the United States...

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