First Steps in International Law; Prepared for the Use of Students

First Steps in International Law; Prepared for the Use of Students

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1899 edition. Excerpt: ... but also the private property of all subjects of the belligerent powers, and of their allies. 3. War establishes very dilferent relations between I_ifli_=u1_ parties, from those which exist in the ordinary transactions $31? 'ts of trade in time of peace. Hence the rules which govern "i11the decisions of prize courts, with respect to the ownership of property, widely difl'er, in many respects, from those which obtain in time of peace in the courts of Common law. 4. For example, the legality or illegality of the capture Owner of goods upon the high seas, will frequently turn upon the fig; ff question of ownership at the time of capture; for when wptilw property is shipped from a neutral country to an enemy, or from an enemy country to a neutral, the question of its character, whether it be neutral or hostile, can only be determined by ascertaining whether the right to the pro perty, at the time of shipment, was vested in the shipper or in the consignee. The rules of the courts of Common law would lead us to an erroneous conclusion. 5. The general rule of law, both International and Rule as to Common, is, that goods in the course of transportation from consignee' one place to another, if they are shipped on account and at the risk of the consignee, in consequence of a prior order or purchase are considered as his goods during the voyage. This general rule may, by the Common law, be varied by an express stipulation between the parties, or by the usage of a particular trade. But neither of these exceptions is admitted in courts of prize, for the very conclusive reason, that, to permit goods, in time of war, to be considered the property of the neutral consignor, instead of the enemy consignee, merely more

Product details

  • Paperback | 182 pages
  • 189 x 246 x 10mm | 336g
  • United States
  • English
  • black & white illustrations
  • 1236947622
  • 9781236947628