International Law and Diplomacy of the Spanish-American War

The Lawbook Exchange, Ltd., 2006 - 300 頁
This is a most curious work as it offers an analysis that now seems frozen in amber. Drawing on the example of Le Fur's Etude sur la Guerre Hispano-Americaine de 1898, Envisagee au Point de Vue du Droit International Public (1899) and similar studies, Benton set out to provide an exploration of Spanish-American relations prior to and during the war. This work is critical, but it leans heavily toward a pro-American point of view. He concludes, for instance, that American military and diplomatic objectives were achieved to varying degrees, that at the end of the conflict Cuba was granted complete sovereignty, and that the treaty of peace was fulfilled. Most curiously for the modern scholar, he ends with the recognition that "the occasion of the recent intervention provided for in the Platt Amendment is outside the scope of this work" (291). Benton was a professor of History at Western Reserve University.


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Relations of the Belligerents
Relations between Belligerents and Neutrals
Negotiations of Belligerents During War Restoration of Peace
Interpretation and Fulfilment of Treaty of Peace

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第 128 頁 - The neutral flag covers enemy's goods, with the exception of contraband of war. 3. Neutral goods, with the exception of contraband of war, are not liable to capture under the enemy's flag.
第 98 頁 - That it is the duty of the United States to demand and the Government of the United States does hereby demand, that the Government of Spain at once relinquish its authority and government in the island of Cuba, and withdraw its land and naval forces from Cuba and Cuban waters.
第 266 頁 - Spanish subjects, natives of the peninsula, residing in the territory over which Spain by the present treaty relinquishes or cedes her sovereignty, may remain in such territory or may remove therefrom, retaining in either event all their rights of property, including the right to sell or dispose of such property or of its proceeds, and they shall also have the right to carry on their industry, commerce, and prol'essions, being subject in respect thereof to such laws as are applicable to other foreigners.
第 128 頁 - Neutral goods, with the exception of contraband of war, are not liable to capture under enemy's flag ; 4. Blockades, in order to be binding, must be effective, that is to say, maintained by a force sufficient really to prevent access to the coast of the enemy.
第 97 頁 - Whereas, The abhorrent conditions which have existed for more than three years in the island of Cuba, so near our own borders, have shocked the moral sense of the people of the United States...
第 93 頁 - ... take measures to secure a full and final termination of hostilities between the government of Spain and the people of Cuba, and to secure in the island the establishment of a stable government, capable of maintaining order and observing its international obligations, insuring peace and tranquillity and the security of its citizens as well as our own, and to use the military and naval forces of the United States as may be necessary for these purposes.
第 287 頁 - Spain will, upon the exchange of the ratifications of the present treaty, proceed to evacuate the Philippines, as well as the island of Guam, on terms similar to those agreed upon by the Commissioners appointed to arrange for the evacuation of Porto Rico and other islands in the West Indies, under the protocol of August 12, 1898, which is to continue in force till its provisions are completely executed.
第 286 頁 - The United States will, for the term of ten years from the date of the exchange of the ratifications of the present treaty, admit Spanish ships and merchandise to the ports of the Philippine Islands on the same terms as ships and merchandise of the United States.