The Essentials of International Public Law and Organization

By Amos S. Hershey | Go to book overview

conceded a limited right of visit and search44 of vessels whose tonnage is less than 500 tons within certain maritime zones in the Indian Ocean.

In view of the work of the Brussels Conference and of the numerous treaties providing means for the prevention and punishment of this traffic, Lord Stowell's dictum that the slave trade is not a crime in the eyes of the Law of Nations can hardly be said to be longer tenable. True it is that it is not piracy, and slavery itself is a domestic institution which International Law does not, strictly speaking, condemn as illegal;45 but slave trading undoubtedly stands condemned at least by the conventional Law of Nations. Indeed, like piracy, it may be said to be an International Crime.


BIBLIOGRAPHY

Freedom of the Open Sea in Time of Peace . -- Angell, The World's Highway ( 1915), passim; Bluntschli, Arts. 304-08; * Bonfils, Nos. 572-83; Brown, Freedom of the Seas ( 1919), passim; Bry, Précis élémentaire de droit int. ( 1906), Nos. 176-84; * Bynkershoek, De dominio maris ( 1702) -- Carnegie trans. by Magoffin ( 1923); 1 Calvo, §§ 343-52; Castel, Du principe de la liberté des mers ( 1900); 2 Cauchy, Le droit maritime int. ( 1862), 92-124; Cole, in 4 Grotius Soc. ( 1919), 15-25; Creasy, First Platform of Int. Law ( 1876), Nos. 236-39; Despagnet, No. 410; * 1 (2 Pt.) Fauchille, Nos. 4831-48; Fenwick, ch. 18; 2 Fiore, Nos. 718-44; Fulton, Sovereignty of the Sea ( 1901); * Grotius, De mare liberum ( 1609) -- Carnegie trans. by Magoffin ( 1916), and, De jure belli ac pacis, liv. II, cap. 2, § 3; * Hall, § 40: Hautefeuille, Histoire de droit maritime int. ( 1869), 13-25; Hays, in 12 A. J. ( 1918), 283 ff.; Heffter, §§ 73-74; Hershey, on "German Conception of the Freedom of the Seas", in 13 A. J. ( 1919), 207 ff.; Lawrence, §§ 85-86; Liszt, § 36; 1 F. de Martens, §§ 96-98; 2 Mérignhac, 498-505; * Meurer, The Freedom of the Sea ( 1919); * 2 Moore, Digest, § 309, and Am. Diplomacy ( 1905), ch. 3; 2 Nys, 132-39, Les Origines, 379-87, and 2 Études, 260-72; * 1 Oppenheim, §§ 248- 59; 1 Ortolan, Diplomatie de la mer ( 1864), 113-38; Perels, § 4; 1 Phillimore, §§ 172-96; Pomeroy, §§ 155-58; * Potter, Freedom of the Seas ( 1924), passim; 2 P.-Fodéré, Nos. 871-85; Reeves, in 22 Am. Histor. Rev. ( 1916-17), 535 ff.; * 1 Rivier, 234-39, * Selden,

____________________
44
See Arts. 42 to 49 for the rules regulating the right of visit and search.
45
There are a few Continental authorities like Fauchille (I, No. 398), who maintain that the Law of Nations condemns domestic slavery.

A new Slavery Convention signed by twenty States was approved by the Assembly of the League of Nations at its seventh session at Geneva in Sept., 1926. See Seventh Year Book L. of N. ( 1927), p. 198.

-336-

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