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Author: Charles Noble Gregory Publisher: Forgotten Books ISBN: 9780364621035 Category : Law Languages : en Pages : 30
Book Description
Excerpt from Jurisdiction Over Foreign Ships in Territorial Waters, Vol. 2 "War," says Grotius, "is undertaken for the sake of peace." So discussion is undertaken for the sake of conclusions. If the conclusions are not as definite as could be wished in the present instance, it is hoped that it is not wholly due to the indolence or incompetency of the writer, but in large part to the difficulties presented by the overlapping of municipal and international laws, and by the lack of any final tribunal which can adjust and end differences. Again Grotius, and there is no better authority, quotes approvingly certain rules of mercy as part of the law of nations, but adds, "not of all, but of the best," and so we can only try to deduce the rules "of the best." With this apology it seems right to say that under the topic named it is not proposed to go generally into the subject of the nature and extent of the rights in the sea appertaining to the adjoining coast. Even the greatest expanse of water known to the geographer, the Pacific Ocean, was claimed as within the jurisdiction of a great power in the past, and the seas were largely apportioned among the maritime states. Portugal claimed the Guinea seas, and the path to the Indian Ocean by way of the Cape of Good Hope, as within her exclusive dominion; under the Stuarts, England asserted control over the Atlantic Ocean lying between her own coast and her American colonies. The Scandinavian and Russian powers claimed absolute ownership of the Baltic; Venice of the Adriatic, symbolizing her claim by the rites of marriage. No one of these "vain and extravagant pretentions," as Lord C. J. Cockburn called them, survives. About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works.
Author: Charles Noble Gregory Publisher: Forgotten Books ISBN: 9780364621035 Category : Law Languages : en Pages : 30
Book Description
Excerpt from Jurisdiction Over Foreign Ships in Territorial Waters, Vol. 2 "War," says Grotius, "is undertaken for the sake of peace." So discussion is undertaken for the sake of conclusions. If the conclusions are not as definite as could be wished in the present instance, it is hoped that it is not wholly due to the indolence or incompetency of the writer, but in large part to the difficulties presented by the overlapping of municipal and international laws, and by the lack of any final tribunal which can adjust and end differences. Again Grotius, and there is no better authority, quotes approvingly certain rules of mercy as part of the law of nations, but adds, "not of all, but of the best," and so we can only try to deduce the rules "of the best." With this apology it seems right to say that under the topic named it is not proposed to go generally into the subject of the nature and extent of the rights in the sea appertaining to the adjoining coast. Even the greatest expanse of water known to the geographer, the Pacific Ocean, was claimed as within the jurisdiction of a great power in the past, and the seas were largely apportioned among the maritime states. Portugal claimed the Guinea seas, and the path to the Indian Ocean by way of the Cape of Good Hope, as within her exclusive dominion; under the Stuarts, England asserted control over the Atlantic Ocean lying between her own coast and her American colonies. The Scandinavian and Russian powers claimed absolute ownership of the Baltic; Venice of the Adriatic, symbolizing her claim by the rites of marriage. No one of these "vain and extravagant pretentions," as Lord C. J. Cockburn called them, survives. About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works.
Author: James Reddie Publisher: Forgotten Books ISBN: 9781527898936 Category : Law Languages : en Pages : 594
Book Description
Excerpt from Researches, Historical and Critical, in Maritime International Law, Vol. 2 In this review of the works of previous writers on Maritime international law, Dr. Holst does not show much acuteness or extent of observation; and his views appear to be rather those Of a merchant, bent on the accumulation of wealth by means of neutral commerce, than those of an impartial and enlightened lawyer, giving equal consideration to the rights and interests of all nations indiscriminately. In the second section of this work, entitled, Geschieht liche Darstellung des altern und des neuern Seerechts, Historical description of the older and of the more recent maritime law, Dr. Holst, if he does not mis represent, at least does not state fully and correctly, the historical facts, and thereby leads others into error, and affords pretexts for propagating erroneous opinions. About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works.
Author: Donald Rothwell Publisher: Oxford University Press, USA ISBN: 019871548X Category : Law Languages : en Pages : 1073
Book Description
Recent maritime disputes, environmental disasters, and piracy have raised the profile of the law of the sea. This Oxford Handbook brings together high-level analysis of all of its key aspects, examining the role of particular regions in the development of the law of the sea, management of the oceans' resources, and critical contemporary debates.
Author: Cedric Ryngaert Publisher: ISBN: 0199688516 Category : Law Languages : en Pages : 273
Book Description
This fully updated second edition of Jurisdiction in International Law examines the international law of jurisdiction, focusing on the areas of law where jurisdiction is most contentious: criminal, antitrust, securities, discovery, and international humanitarian and human rights law. Since F.A. Mann's work in the 1980s, no analytical overview has been attempted of this crucial topic in international law: prescribing the admissible geographical reach of a State's laws. This new edition includes new material on personal jurisdiction in the U.S., extraterritorial applications of human rights treaties, discussions on cyberspace, the Morrison case. Jurisdiction in International Law has been updated covering developments in sanction and tax laws, and includes further exploration on transnational tort litigation and universal civil jurisdiction. The need for such an overview has grown more pressing in recent years as the traditional framework of the law of jurisdiction, grounded in the principles of sovereignty and territoriality, has been undermined by piecemeal developments. Antitrust jurisdiction is heading in new directions, influenced by law and economics approaches; new EC rules are reshaping jurisdiction in securities law; the U.S. is arguably overreaching in the field of corporate governance law; and the universality principle has gained ground in European criminal law and U.S. tort law. Such developments have given rise to conflicts over competency that struggle to be resolved within traditional jurisdiction theory. This study proposes an innovative approach that departs from the classical solutions and advocates a general principle of international subsidiary jurisdiction. Under the new proposed rule, States would be entitled, and at times even obliged, to exercise subsidiary jurisdiction over internationally relevant situations in the interest of the international community if the State having primary jurisdiction fails to assume its responsibility.
Author: Seokwoo Lee Publisher: BRILL ISBN: 9004437789 Category : Law Languages : en Pages : 477
Book Description
Launched in 1991, the Asian Yearbook of International Law is a major internationally-refereed yearbook dedicated to international legal issues as seen primarily from an Asian perspective. It is published under the auspices of the Foundation for the Development of International Law in Asia (DILA) in collaboration with DILA-Korea, the Secretariat of DILA, in South Korea. When it was launched, the Yearbook was the first publication of its kind, edited by a team of leading international law scholars from across Asia. It provides a forum for the publication of articles in the field of international law and other Asian international legal topics. The objectives of the Yearbook are two-fold: First, to promote research, study and writing in the field of international law in Asia; and second, to provide an intellectual platform for the discussion and dissemination of Asian views and practices on contemporary international legal issues. Each volume of the Yearbook contains articles and shorter notes; a section on Asian state practice; an overview of the Asian states’ participation in multilateral treaties and succinct analysis of recent international legal developments in Asia; a bibliography that provides information on books, articles, notes, and other materials dealing with international law in Asia; as well as book reviews. This publication is important for anyone working on international law and in Asian studies. The 2018 edition of the Yearbook features articles on the practice of Asian states from the perspective of Third World Approaches to International Law (TWAIL).
Author: Charles Noble Gregory
Author: Charles Noble Gregory
Author: Charles Noble Gregory
Author: Charles Noble Gregory
Author: Philip Caryl Jessup
Author: James Reddie
Author: United Nations. International Law Commission
Author: 
Author: Donald Rothwell
Author: Cedric Ryngaert
Author: Seokwoo Lee