Reminiscences of the Geneva Tribunal of Arbitration 1872: The Alabama Claims

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Houghton Mifflin, 1911 - Alabama claims - 450 pages
 

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Page 326 - And whereas the effects of a violation of neutrality committed by means of the construction, equipment, and armament of a vessel are not done away with by any commission which the government of the belligerent power, benefited by the violation of neutrality, may afterwards have granted to that vessel; and the ultimate step, by which the offense is completed, cannot be admissible as a ground for the absolution of the offender, nor can the consummation of his fraud become the means of establishing...
Page 46 - First, to use due diligence to prevent the fitting out, arming, or equipping, within its jurisdiction, of any vessel which it has reasonable ground to believe is intended to cruis* or to carry on war against a Power with which it is at peace...
Page 363 - ... her Majesty's Government, in order to evince its desire of strengthening the friendly relations between the two countries, and of making satisfactory provision for the future, agrees that in deciding the questions between the two countries arising out of those claims the arbitrators should assume that her Majesty's Government had undertaken to act upon the principles set forth in these rules.
Page 364 - In deciding the matters submitted to the arbitrators, they shall be governed by the following three rules, which are agreed upon by the high contracting parties as rules to be taken as applicable to the case...
Page 1 - I agree with you that the time is come for offering mediation to the United States Government with a view to the recognition of the independence of the Confederates. I agree further that in case of failure, we ought ourselves to recognize the Southern States as an independent State.
Page 364 - Thirdly. To exercise due diligence in its own ports or waters, and as to all persons within its jurisdiction, to prevent any violation of the foregoing obligations and duties. It being a condition of this undertaking, that these obligations should in future be held to be binding internationally between the two countries.
Page 381 - Navy, and smaller internal police, to have it established that a nation is liable in damages for the indirect^ remote, or consequential results of a failure to observe its neutral duties. This Government expects to be in the future, as it has been in the past, a neutral much more of the time than a belligerent.
Page 326 - due diligence" referred to in the first and third of the said rules ought to be exercised by neutral governments in exact proportion to the risks to which either of the belligerents may be exposed, from a failure to fulfil the obligations of neutrality on their part...
Page 372 - States in respect of these claims, they have arrived, individually and collectively, at the conclusion that these claims do not constitute, upon the principles of international law applicable to such cases, good foundation for an award of compensation or computation of damages between nations...
Page 327 - Secondly, not to permit or suffer either belligerent to make use of its ports or waters as the. base of naval operations against the other, or for the purpose of the renewal or augmentation of military supplies or arms, or the recruitment of men. Thirdly, to exercise due diligence in its own ports and waters, and, as to all persons within its jurisdiction, to prevent any violation of the foregoing obligations and duties.

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