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Prize-Law; Particularly with Reference to the Duties and Obligations of Belligerents

Prize-Law; Particularly with Reference to the Duties and Obligations of Belligerents


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Purchase of this book includes free trial access to www.million-books.com where you can read more than a million books for free. This is an OCR edition with typos. Excerpt from book: mediately had recourse to reprisals, and adopted on their side towards the Americans the principles of the Consolato del Mare (Decree, March 2, 1796). In justification of which measures the Directory alleged the following reasons: ? 1. According to the treaty of 1778, between France and the United States, it was laid down that all privileges granted by one of the contracting parties in favour of a third power should belong to the other party. 2. That it would be unreasonable to expect them to observe the immunity of the flag with respect to those nations who renounce it of their own accord. After this decree the cabinet of Washington lost no time in breaking off commercial relations with France (A). Thus the example of one belligerent acted upon the other, and the old system of the Consolato del Mare took the place of more liberal principles of neutral commerce. The obstinacy of the belligerents increased every year, and to all the terrors of unbridled privateering was added oppressive procedure in the prize courts. While Marriott, in England, was inclined to support .all the abuses of belligerents (i), the French government referred cases, relating to maritime prizes, to the ordinary courts of law; and even conferred a prize jurisdiction on their consuls in neutral ports. The partiality of these new judges reached its greatest height at the end of the 18th century; they called upon neutral ships to produce all papers required by the French regulations, without paying any attention to the difference of European laws in that respect, and considered every ship, which had once belonged to the enemy, (A) Wheaton, Hist. ii. 50, 51; Martens, Rec. vii. 376. Friendly intercourse between France and the United States was re-established by the Morfon- laine Treaty in the year 1800. Ma...


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Product Details
  • ISBN-13: 9780217034777
  • Publisher: General Books
  • Publisher Imprint: General Books
  • Height: 246 mm
  • No of Pages: 70
  • Spine Width: 4 mm
  • Width: 189 mm
  • ISBN-10: 0217034772
  • Publisher Date: 15 Jan 2012
  • Binding: Paperback
  • Language: English
  • Returnable: N
  • Weight: 141 gr


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Prize-Law; Particularly with Reference to the Duties and Obligations of Belligerents
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