The Diplomatic Protection of Citizens Abroad: Or, The Law of International Claims

Εξώφυλλο
Banks Law Publishing Company, 1915 - 988 σελίδες
 

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Περιεχόμενα

Rights and Duties of State and Citizen Abroad
21
PHOTECTION ABROAD 2
23
Diplomatic Protection a Limitation on Territorial Jurisdiction
25
Right and Duty of Protection
29
The PROTECTIVE FUNCTION
30
CHAPTER II
33
Relation of Law of Aliens to Different Branches of Law
36
Sources of the Law of Aliens
38
MINIMUM of Rights DUE to ALIENs
39
Recognition of Legal Personality
40
Status of Foreign Corporations
41
Other Rights of the Alien
42
MaxiMUM Power of STATE over ALIENs
43
Matters of Private Law
44
Expulsion
48
Grounds of Expulsion
51
Method of Exercising Right of Expulsion
54
International Phases of Expulsion
55
Grounds of International Claims
57
In Time of War
61
Extradition
62
PoliticAL RIGHTS AND DUTIES
63
Military Service
64
Civil Rights
69
Types of Legislative Systems
71
Public Rights
73
Private Rights
86
Transient and Domiciled Aliens
91
Subjection to Territorial Law
94
Criminal Proceedings
96
Limitations upon Territorial JurisdictionExtraterritoriality
102
Equality of Alien and National not always Internationally Suffi cient
104
45 Treaty Rights of Aliens in the United States
107
Position is WAR
109
PAGE
110
CHAPTER III
116
Distinction between Governmental and Corporate Functions
117
Judicial Control over Acts of Administration
118
When State is Responsible and Incidence of Liability
120
THE STATE As A PUBLIC Power
125
24
126
52 Judicial Acts
129
EXECUTIVE AND ADMINISTRATIVE ACTs
131
THE FRENCH SYSTEM
134
Respective Liability of State and Officer
138
Limitations on State Liability for Administrative Acts
139
57 Liability of Municipalities
140
Resumé
142
Pecuniary Liability of the State
143
SISTEMs of OTHER EUROPEAN Countries
147
62 Italy
148
62a AustriaHungary
150
Switzerland
152
Belgium and Other Countries
153
Roumania
154
Comparison of Continental Systems
155
AsăuAMERICAN SystEM
156
Suit for Pecuniary DamagesLiability of Municipal Corporations
157
Principle of State Immunity from Pecuniary Liability
159
Limited Right of Action Granted by Statute
162
Liability of OfficersCoMPARATIVE Law
171
Foreign States before Municipal Courts
175
CHAPTER IV
177
AUTHORITIES OF THE STATE
180
legislative AUTHORITIES
181
Executive AND ADMINISTRATIVE AUTHoRITIES
183
Tortious Acts
185
Diplomatic Naval and Military Officers
187
Minor Officials
189
Judicial AUTHORITIES
195
PoliticAL SUBDIVISIONs of THE STATE
199
Succession of States and Apportionment of Debts
202
DE FACTO Governments
205
Criteria of De Facto Government Effect of Recognition
210
CHAPTER V
213
Factors Imposing Liability upon the Government
217
Brigandage
219
Mob VioleNCE 89 Obligations of the Government
220
Special Protection Due in Certain Cases
222
Factors Imposing Liability upon the Government
223
Statutory Compensation by Municipalities
226
Civil WAR INJURIES 93 General Principles and Theory
228
Limitations on General Rules Effect of Recognition Continued Residence Participation and Amnesty
235
Insurgents in Temporary Control of Limited Areas
239
Successful Revolution
241
Experience of LatinAmerica
242
CHAPTER VI
246
Theory of Compensation for War Losses
247
A State of
248
Position of Aliens in Hostile Territory
250
Enemy Character
253
War on Land 104 Appropriation of Private Property
255
Requisitions and Contributions
263
War at
270
17 Neutral Obligations
277
18 State Indemnity
279
CHAPTER VII
281
CONTRACTS BETWEEN INDIVIDUALs
283
CoNTRACTs between Citizen AND Foreign GoverNMENT
284
Use of Good Offices Authorized
288
Qualifications of General Rule of NonInterposition
291
Arbitration
296
Bºſs of PUBLIC DEBT
302
Remedy in Municipal Courts
305
International Remedies The Drago Doctrine
308
Diplomatic Interposition and Intervention Opinions of Publicists
310
121 Practice of Nations
313
The Porter Proposition at The Hague 3 18
318
Relation between Porter Proposition and Drago Doctrine
321
Public Bonds before Tribunals of Arbitration
322
125 The United States and CentralAmerican Loans
325
1 Conclusion
327
CHAPTER VIII
330
128 Conditions Incident and Precedent to Diplomatic Interposition
331
129 Denial of Justice in International Practice
335
130 Extent to which Unjust Judgment of Municipal Court is Inter nationally Binding
340
CHAPTER IX
344
132 Diplomatic Protection a Limitation on Territorial Jurisdiction
346
CHAPTER II
355
National Claims which Survive Private Settlement
362
No Obligation to Consult Claimant
371
Circumstances under which Government is Liable
378
CHAPTER V
399
MºstREs of DAMAGES
413
lºst
428
184 Consular service
435
Treaties
438
Methods of Redress of Injuries
439
Good Offices
440
Diplomatic Interposition
441
Mediation
442
NoNAMICABLE METHODs
445
Display of Force
446
Use of Armed Force
448
Reprisals
453
War
455
PART III
457
Naturalized Citizens Abroad
460
Citizenship Usually Essential to Protection
462
Occasional Protection of Foreigners
463
PROTECTION of ForeignERS IN Extrate RRitoRIAL Countries
467
Protégé System
468
DELEGATED PROTECTION
471
Occasions of Exercise
472
SEAMEN
475
WESSELs
478
American Ownership the Test of Title to Protection
480
Proper Use of Flag
483
PROOF AND EVIDENCE OF CITIZENSHIP PAGE 210 By whom Determined
486
220 Circular Instruction Concerning New Passport Regulations
512
OTHER FORMs of EvidencING CITIZENSHIP
514
222 Certificate of Registration
515
IMPEACHMENT OF CITIZENSHIP
517
224 Nature of Certificate of Naturalization Its Character as Res Adjudicata
519
225 Conclusiveness upon Municipal Courts
520
226 The Practice of International Tribunals of Arbitration
522
227 Conclusiveness upon the Executive
526
CHAPTER III
528
229 Presumptions of Fraud
529
32
532
INTERNATIONAL EFFECTs of NATURALization
533
232 Conditions of Recognition
535
Certain Features of American Naturalization having International Importance
536
234 NonRetroactivity of Naturalization
539
235 Protection of Naturalized Citizen in Native Country
540
235 Relations with Different Countries
543
237 A Countries Which Deny the Right of Voluntary Expatriation
544
B Countries Which Recognize Foreign Naturalization upon Con dition Only
546
239 C Countries Which Have Concluded Naturalization Treaties with the United States
548
Germany and AustriaHungary
550
Renunciation of Naturalization
552
Act of March 2 1907
554
DomicIL As CoNFERRING NATIONAL CHARACTER
555
Domicil Neither Confers nor Forfeits Citizenship
558
Belligerent Domicil
559
Effect of Domicil before International Tribunals
561
EFFECT of DECLARATION OF INTENTION TO BECOME A CITIZEN
565
Anomalous Position of Declarant
567
Protection of Declarants
568
DomicIL PLUs DECLARATION OF INTENTION
570
Erroneous Interpretations
572
Decisions of United StatesMexican Commission of 1868
574
DUAL NATIONALITY
575
The Jus Soli
577
The Jus Sanguinis
578
Protection Abroad in Cases of Dual Nationality
580
Foreignborn American Citizens
582
Right of Election
584
Decisions of International Tribunals of Arbitration
587
Measures to be Adopted to Adjust Conflicts of Nationality
590
Absence of Nationality
591
CHAPTER IV
593
Foreignborn Wife of American Citizen
594
Foreignborn Widow of American Citizen
598
Americanborn Wife of an Alien
601
Americanborn Widow of an Alien
604
Decisions of International Tribunals of Arbitration
605
CHILDREN
606
Foreignborn Children of American Citizens
608
Election of Citizenship under 6 of Act of 1907
609
by Naturalization of Parent
611
273 illegitimate Children
612
PARTSERs
613
275 Decisions of International Tribunals of Arbitration
614
276 Surviving Partners
616
Coirotations
617
278 AngloAmerican Law
619
279 Diplomatic Protection of American Corporations Conditions
620
280 Foreign Corporation Substantially Owned by American Citizens
622
281 Rule of International Tribunals
623
282 Effect of Citizenship of Stockholders upon Jurisdiction of Inter national Commissions
625
SUCCESSORS IN INTEREST AND BENEFICIAL OWNERS 283 Effect of Citizenship of Derivative Claimants
627
285 Decisions of International Tribunals
628
286 Law Governing Distribution of Estate
630
28ta Survivorship of Claims
632
bºttoRS AND ADMINISTRATORs
633
288 Citizenship of Original Claimant Governs Jurisdiction
634
Es
636
291 Assignor and Assignee Must have Same Citizenship
637
292 Special Provisions of Federal Statutes in Certain Cases
638
293 Assignees in Bankruptcy
641
294 Receivers
642
Creditors
643
27 Mortgagees
645
28 Insurers
646
299 American Insurers of Foreign Property
647
300 Foreign Insurers of American Property
649
301 Provisions of Federal Statutes
650
LIMITATIONS ON DIPLOMATIC PROTECTION
651
CLAIM MUST BE NATIONAL IN ORIGIN
660
CoNsular REGISTRATION of Citizens
667
OTHER CONDITIONs 73
673
Expatriation of American Citizen
679
IMPLIED RENU Nciation of Citizenship
689
A EFFECT of PROLONGED RESIDENCE ABROAD 325 General Principles
690
327 The Case of Native Citizens
692
328 Practice under the Amended Rules of 1907 and the Circular In struction of July 26 1910
695
329 Decisions of International Tribunals of Arbitration
698
330 Case of Naturalized Citizens
701
B METHODs of overcoming PRESUMPTION of ExPATRIATION
703
331 Interpretation and Construction of Departmental Rules
704
332 Rules in the Case of Extraterritorial Countries
706
333 Recent Departmental Ruling Concerning Heritability of Citizen ship in Extraterritorial American Communities
709
Bºwest
710
ACTS WHICH Do Not EFFECT ExPATRIATION
711
3 Other Acts
712
CHAPTER III
713
INEQUITABLE CoNDUCT GENERALLY
714
339 Disloyalty and Unneutral Conduct
715
340 Effect of Censurable Conduct in Certain Cases
716
341 Censurable Conduct Extraneous to Injury or Claim
718
CONCEALMENT AND DENIAL OF CITIZENSHIP
720
343 Decisions of International Tribunals
721
FRATDULENT AND Exorbitant CLAIMs
724
345 Claims against Foreign Governments
725
Basion of NATIONAL DUTIES 72S 346 Desertion
728
347 Evasion of Duties of Citizenship Generally
731
BREACH of Local FoREIGN Law
733
349 Acquittal of Criminal Charges International Claim Unusual
736
Bºth of INTERNATIONAL Law
737
35l Violation of Rights of Belligerents Contraband Blockade etc
739
BREACH of National Law
745
Waiver of Forfeiture by National Government
746
UNLAwful TRADE
748
Prohibition upon Neutral Vessels Decisions of International Tribunals
752
Licenses
753
Special Cases of Intercourse with Enemies
754
UNNEUTRAL CONDUCT AND UNFRIENDLY ACT
755
a Privateering
756
Decisions of International Tribunals
757
b Unlawful Erpeditions
758
Effect of Participation in Unlawful Expeditions upon Protection
760
Cases before International Tribunals
762
Executive and Judicial Rulings
765
c Unneutral Military Service and Other Acts
766
Claims for Military and Other Service
776
Participation in Politics
778
Unfriendly Acts
780
Unneutral Supplies and Other Aid
783
d Aid and Comfort
786
Acts which do not Constitute Aid and Comfort
790
CHAPTER IV
792
Its Incorporation in ConcessionContracts in LatinAmerica
794
Its Ineffectiveness in Preventing Interposition Practice of the United States
797
Executive Views as to the Renunciation of Protection or Indemnity
798
Decisions of International Tribunals on Effect of Contractual Re nunciation
800
The Validity of Calvo Clause Upheld
801
The Validity of Calvo Clause Denied
805
Conclusions
808
IMPLIED RENUNCIATION of PROTECTION
810
FORFEITURE OF PROTECTION BY ACT OF CITIZENContinued
817
lacRES LIMITATION AND PRESCRIPTION
825
LIMITATIONS ARISING OUT OF SUBJECTMATTER AND POLITICAL CON
833
392 Legislative Limitations to Avoid Claims Based Upon Tortious
842
394 Matriculation as Foreigner
854
ºntral Conclusions
861
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Δημοφιλή αποσπάσματα

Σελίδα 605 - That all persons born in the United States and not subject to any foreign power, excluding Indians not taxed, are hereby declared to be citizens of the United States...
Σελίδα 89 - ... and may take possession thereof, either by themselves or by others acting for them, and dispose of the same at their will, paying such dues only as the inhabitants of the country wherein the said goods are shall be subject to pay in like cases.
Σελίδα 602 - That any American woman who marries a foreigner shall take the nationality of her husband. At the termination of the marital relation she may resume her American citizenship, if abroad, by registering as an American citizen within one year with a consul of the United States, or by returning to reside in the United States, or, if residing in the United States at the termination of the marital relation, by continuing to reside therein.
Σελίδα 461 - Kingdom, with this qualification, that he shall not, when within the limits of the foreign State of which he was a subject previously to obtaining his certificate of naturalisation, be deemed to be a British subject unless he has ceased to be a subject of that State in pursuance of the laws thereof, or in pursuance of a treaty to that effect.
Σελίδα 272 - A neutral vessel, with papers indicating a neutral destination, which, notwithstanding the destination shown on the papers, proceeds to an enemy port, shall be liable to capture and condemnation if she is encountered before the end of her next voyage.
Σελίδα 272 - ... or if the ship's papers do not show who is the consignee of the goods or if they show a consignee of the goods in territory belonging to or occupied by the enemy.
Σελίδα 609 - SEC. 5. That a child born without the United States of alien parents shall be deemed a citizen of the United States by virtue of the naturalization of or resumption of American citizenship by the parent : Provided, That such naturalization or resumption takes place during the minority of such child : And provided further, That the citizenship of such minor child shall begin at the time such minor child begins to reside permanently in the United States.
Σελίδα 668 - ... arrived; the time when and the place and name of the court where he declared his intention to become a citizen of the United States; if he is married he shall state the name of his wife and, if possible, the country of her nativity and her place of residence at the time of filing...
Σελίδα 678 - That any American citizen shall be deemed to have expatriated himself when he has been naturalized in any foreign state in conformity with its laws, or when he has taken an oath of allegiance to any foreign state.
Σελίδα 554 - That place shall be considered and held to be the residence of a person in which his habitation is fixed, and to which, whenever he is absent, he has the intention of returning.

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