A Treatise on International Law Volume 2; With an Introductory Essay on the Definition and Nature of the Laws of Human Conduct (Paperback)

This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1920 Excerpt: ...the impression that the distinction was first drawn and laid down by the writers and then followed by statesmen and soldiers, See Bynkershoek, Law of War, (1737) Du Ponceau Trans, c. VI.; Grotius, Belli, ac. Pacis (1625), Whewell's Trans. III. VI. IV.; Hall, Int. Law, 6 ed. (1909) 460. The states have recognized this change in their official instructions laid down to their armies. See instructions in French Manual; 2 Westlake, Int. L., 2 ed. (1913) 96n. See "German Legislation for the Occupied Territories of Belgium," (1915) Charles H. Huberich and A. Nicol-Speyer; 9 Amer. J. Int. Law, 1033. "Belgium.--Text of order of Governor-General von Falkenhausen establishing German courts;" 145 Law T. 12. As to recovery of jurisdiction when invader is driven out, see discussion by Bynkershoek, Law of War, (1737) Du Ponceau Trans, c. XVI. under the heading of "Right of postliminy as applied to cities and states." 11 In September, 1870, after the fall of the Emperor Napoleon and the proclamation of the French Republic, the Court of Appeal at Nancy pronounced its verdicts after the formula, "In the name of the French Government and People." Since Germany had not yet recognized the French Republic, the Germans ordered the Court to use the formula, "In the name of the High German Powers occupying Alsace and Lorraine," but gave the Court to understand that, if the court objected to this formula they were disposed to admit another, and were even ready to admit the formula, "In the name of the Emperor of the French," as the Emperor had not abdicated. The court, however, refused to pronounce its verdict otherwise than, "In the name of the French Government and People," and, consequently, suspended its sitti...