Would Immunity from Capture, During War, of Non-Offending Private Property Upon the High Seas Be in the Interest of Civilization?

1907 ◽  
Vol 1 (4) ◽  
pp. 930-943 ◽  
Author(s):  
C. H. Stockton

This subject is a timely one from the fact that we are on the eve of the meeting of the second international conference at The Hague, the first conference in 1899 having voted that —The conference expresses the wish that the proposal which contemplates the declaration of the inviolability of private property in naval warfare may be referred to a subsequent conference for consideration.The present programme for this coming conference includes this question of the immunity of private property as one agreed upon for discussion.Before entering into a discussion of the subject, it may be well to make a résumé of the historical status of the question up to the present time so far as the United States, Great Britain, and other civilized countries are concerned.

Oryx ◽  
1953 ◽  
Vol 2 (3) ◽  
pp. 150-154

The third technical meeting of the International Union for the Protection of Nature was held in Salzburg from 15th to 20th September, the last two days being occupied by excursions in which the majority of delegates took part. The term delegates is used though it is not strictly correct, for participants attended the conference as individuals only. Twelve countries were represented: Austria, Belgium, Denmark, Finland, France, Germany, Great Britain, Greece, Italy, the Netherlands, Switzerland and Yugoslavia. Unfortunately there was nobody from the United States, a great supporter of the Union, but papers and information from America helped to fill this gap.


1915 ◽  
Vol 9 (2) ◽  
pp. 336-351
Author(s):  
Arthur K. Kuhn

The appalling loss of life and property resulting from the sinking of the Titanic served to direct public attention both here and abroad not only to the laws which should provide the safeguards of navigation, but also to the incidence of liability for accidents upon the high seas. The former subject has been dealt with in an interesting paper published in this Journal. We here propose to discuss the application to foreign ships, of the United States rule of the limitation of the shipowner’s liability, the foreign law upon the subject and the significance of the international movement for reform through identic legislation in many countries.


1973 ◽  
Vol 18 ◽  
pp. 81-87
Author(s):  
Otto G. Franz

When IAU Symposium No. 17, the most recent international conference on visual double stars to take place in the United States, was held in Berkeley in 1961, there was little discussion on observational techniques and no introductory remarks were presented on the subject. The reasons for this are obvious. The classical techniques of double-star observation, those that provided virtually all the data available on visual double stars, were too well known to require introduction or discussions; other methods, with the possible exception of early image tube and electronic camera experiments, did not exist.Today, more than ten years later, most double-star work continues to be carried out by the same classical techniques. However, several methods have come into use or have recently been developed that are capable of contributing importantly to visual double-star research.


Author(s):  
Gabriela A. Frei

Chapter 7 explores the question of the immunity of private property from capture at sea, examining the views of its opponents and supporters. The immunity of private property at sea posed a serious challenge to sea powers—it was feared that this step would result in a further curtailment of belligerent rights. The chapter analyses the positions of the United States, Great Britain, and Germany in the first and second Hague peace conferences. The naval thinkers Alfred T. Mahan and Julian S. Corbett saw the proposal as an existential danger to waging economic warfare. Their reflection on the impact of international law on maritime strategy illustrated the limitation of the adoption of such a far-reaching proposal. The question also demanded a theoretical reflection on warfare and the chapter compares how international lawyers and strategists understood warfare and international law.


1916 ◽  
Vol 10 (4) ◽  
pp. 809-831
Author(s):  
James Brown Scott

On July 29,1916, the United States District Court for the Eastern District of Virginia entered a decree to restore to the British claimants the steamer Appam, formerly an English merchant vessel, captured by the German cruiser Moewe upon the high seas and sent into Newport News to be laid up pending the war between Great Britain and Germany. In a very elaborate opinion, the court held that the Appam had no right under international law or the treaty with Prussia of May 1, 1828, to use an American port as an asylum; that it did not have a right under the circumstances to enter an American port at all; that by so doing it violated the neutrality of the United States, and was therefore, with the proceeds of the cargo, to be restored, according to the American practice, to the British owners at the date of capture. The case is a very interesting one from the standpoint of international law, and by reason of its importance, it is to be appealed to the Supreme Court of the United States in order that, as far as the United States is concerned, a definite decision may be reached upon the points of law involved. The facts of the case and the reasoning of the District Court will, however, be set forth at this time and in this place.


1890 ◽  
Vol 36 (153) ◽  
pp. 267-276
Author(s):  
Havelock Ellis

The second International Congress of Criminal Anthropology was held last August at Paris, in the large amphitheatre of the Faculty of Medicine. A very considerable audience, including a fair proportion of ladies, assembled here during the week over which the Congress extended. Many distinguished representatives of science, law, medicine, and the administrative world came from very various countries, and official representatives were present from France, Italy, Russia, Holland, Belgium, the United States, Denmark, Sweden, Roumania, Servia, Brazil, Mexico, Peru, Paraguay, and Hawaii. Great Britain, it will be observed, was only conspicuous by its absence. Among those who took part in the proceedings of the Congress may be mentioned M. Thévenet, the Minister of Justice, Dr. Brouardel, the Dean of the Medical Faculty of Paris, and President of the Congress, MM. Théophile Roussel, Lombroso, Ferri, Garofalo, Moleschott, Lacassagne, Demange, Van Hamel, Semal, Ladame, Benedikt, Tarde, Wilson, Tenchini, Motet, Manouvrier, Alphonse Bertillon, Bournet, Féré, Coutagne, Letourneau, Mme. Clémence Royer, Drill, Clark Bell, Magnan, Topinard, Delasiauve, and the General Secretary of the Congress, Dr. Magitot.


1913 ◽  
Vol 7 (4) ◽  
pp. 774-780
Author(s):  
Arthur K. Kuhn

At the Antwerp meeting of the International Law Association in 1903, a paper was presented by Mr. Justice Phillimore indicating the desirability of having Great Britain participate in the Hague Conferences on Private International Law. At the same meeting, a resolution was adopted on the motion of Mr. Justice Kennedy to the effect that the Association “should take steps respectfully to lay before the British Government the points dealt with in that paper” with a view to its participation in the conferences. Although not referring in terms to America, the resolution was seconded by Dr. Gregory, an American member, and the discussion showed plainly that it was the sense of the meeting that the resolution was intended to apply also to the United States.


1989 ◽  
Vol 2 (2) ◽  
pp. 155-166
Author(s):  
Eric P. A. Keyzer ◽  
Marion Th. Nijhuis

The Hague Evidence Convention – officially the Convention On the Taking of Evidence Abroad in Civil or Commercial Matters – was realized in 1970 by The Hague Conference for Private International Law. The Convention gave rise to several differences of opinion between Europe and the United States. The European countries and the United States, in particular, disagree about the (optional or obligatory) character of the convention-procedures. This article will, among other things, deal with the consequences to be expected in The Netherlands of a recent American Supreme Court judgement on this issue: The Aérospatiale case1. The subject will be treated in five sections: 1.The Hague Evidence Convention; 2.The Netherlands and The Hague Evidence Convention; 3.Consequences of the Aérospatiale-case for The Netherlands; 4.Consequences of the Aérospatiale-case for Dutch parties involved in litigation in the UnitedStates; 5.Aérospatiale and conclusion.


1917 ◽  
Vol 11 (2) ◽  
pp. 231-238
Author(s):  
Carlos Castro-Ruiz

The Monroe Doctrine has been the subject of much discussion by American and European publicists, and their estimates have been widely different, ranging from those who consider it the principle which has maintained the territorial integrity of this continent for nearly a century to those who deny to it any real influence in the preservation of the nations which emerged into independent life during the first quarter of the nineteenth century. Both concepts are, in my judgment, exaggerated. To accept the first judgment would be to ignore and to forget the failure of the United States to assert the doctrine on three different occasions when it was flagrantly violated: the occupation of the Falkland Islands by Great Britain in 1843, islands which were regarded by the Argentine Republic as national property; the military intervention of France in the Republics of the River Platte in 1838, an intervention repeated in conjunction with Great Britain in 1845; and the occupation of the Chincha Islands by Spain in 1865. The attitude of the government of the United States is readily explained when one recalls the fact that the Monroe Doctrine had not become a real factor in world politics until the naval and military strength of the United States had given to that country the position of a great power. Before that time the doctrine was nothing more than a happy formulation of an aspiration deeply felt by the American nations which had on several occasions prior to the celebrated message of 1823 proclaimed the same idea.


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