Zeitschrift für internationales Recht, Volume 23

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Theodor Niemeyer
Duncker & Humblot., 1913 - Conflict of laws - 645 pages
 

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Page 137 - In the law of almost every country, the character of alien enemy carries with it a disability to sue, or to sustain in the language of the civilians a persona stand* in judicio.
Page 83 - Government towards the commerce of the world is that all nations will be treated alike, and no discrimination made by the United States against any one of them observing the rules adopted by the United States.
Page 136 - 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 or the war.
Page 50 - Resolved, That the President of the United States be respectfully requested to consider the expediency of opening negotiations with the governments of other nations, and particularly with the Governments of Central America and New Granada...
Page 83 - States charging tolls to its own shipping only to refund them and remitting tolls altogether," as the British protest declares, then the irresistible conclusion is that the United States, although it owns, controls and has paid for the canal is restricted by treaty from aiding its own commerce in the way that all the other nations of the world may freely do. It would scarcely be claimed that the setting out in a treaty between the United States and Great Britain of certain rules adopted by...
Page 83 - The privileges of all nations to whom we extended the use upon the observance of these conditions were to be equal to that extended to any one of them which observed the conditions. In other words, it was a conditional...
Page 137 - In my opinion, no principle ought to be held more sacred than that this intercourse cannot subsist on any other footing than that of the direct permission of the state. Who can be insensible to the consequences that might follow, if every person in time of war had a right to carry on a commercial intercourse with the enemy, and under colour of that, had the means of carrying on any other species of intercourse he might think fit?
Page 173 - Tribunal d'Arbitrage, constitué sur les bases de la Convention pour le règlement pacifique des conflits internationaux, signée à La Haye le 29 juillet 1899...
Page 136 - In my opinion there exists such a general rule in the maritime jurisprudence of this country, by which all trading with the public enemy, unless with the permission of the sovereign, is interdicted.
Page 50 - ... individuals or companies as may undertake to open a communication between the Atlantic and Pacific oceans by the construction of a ship canal across the isthmus which connects North and South America, and of securing forever, by such stipulations, the free and equal right of navigating such canal to all such nations, on the payment of such reasonable tolls as may be established to compensate the capitalists who may engage in such undertaking and complete the work.

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