The Law of Nations: Or, Principles of the Law of Nature Applied to the Conduct and Affairs of Nations and Sovereigns (Google eBook)

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G.G. and J. Robinson, 1797 - War (International law) - 500 pages
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Contents

In what the law of nations originally consists ibid
6
Definition of the necessary law of nations Jviii
7
It is immutable ibid
8
Nations can make no change in it nor dispense with the obligations arising from it ibid
9
States forming a federal republic ibid
10
A state that has passed under the dominion of another ibid
11
Society established by nature between all mankind lix
13
Explanation of this observation ibid
14
The second general law is die liberty and independence of nations Ixii
15
Effect of that liberty ibid
16
and to preserve her members ibid
17
Equality of nations lsiii
18
Effect of that equality ibid
19
Each nation is mistress of her own actions when they do not affect the perfect rights of others ibid
20
Foundation of the voluntary law of nations ibid
21
Right of nations against the infractors of the law of nations ixiv
23
Examples ibid 25 A nation ought to know herself 8
24
Conventional law of nations or law of treaties Ixv
25
General rule respecting that law ibid
26
Positive law of nations Ixvi
28
States called patrimonial
30
War undertaken upon just grounds but from vicious
31
Sect Pafte 69 Who is an enemy 32 1
32
Husbandry ought to be placed in an honourable light ibid
36
Obligation to carry on foreign trade
38
Prohibition of foreign merchandises
39
How a nation acquires a perfect right to a foreign trade
40
He is intrusted with the obligations of the nation and
41
Monopolies and trading companies with exclusive privileges4i 98 Balance of trade and attention of government in that respect
43
Utility of highways canals c
44
CHAP X
45
Duty of the nation or prince with respect to the coin ibid 107 Their rights in that respect
46
How one nation may injure another in the article of coin
47
He may change the laws not fundamental 16
48
Freedom of philosophical discussion
49
Love of virtue and abhorrence of vice to be excited
51
The nation may hence discover the intention of her rulers ib 117 The nation or public person bound to perfect her under standing and will
52
Of the public authority 8
53
In what cases they may resist him ibid
54
CHAP XII
55
Difference of reliciondoesnotdepriveaprinceofhiscrown
61
Ministers 23
62
All the subjects ot the two states at war are enemies ibid
70
and continue to be enemies in all places ibid
71
Whether women and children are to be accounted enemies
72
unless flie approve or ratify them
74
Conduct to be pursued by the offended party ibid
75
Lands possessed by foreigners in an enemys country ibid
76
CHAP XIII
77
Another cafe in which the nation is guilty of the crimes
78
Treaties relative to war 323
79
Difference between warlike alliances and defensive trea ties
80
Auxiliary troops ibid
81
Subsidies ibid
82
Execution or the laws ibid
83
Utility of domestic trade ibid
84
Alliances made with a nation actually engaged in war 325
86
To refuse succours for an unjust war is no breach of al liance 326
87
What the cafus fúderis is ibid
88
Advantages of glory
89
Riches ibi
90
and in a treaty of a guaranty ibid
91
The succour is not due under an inability to furnish it or when the public safety would be exposed ibid
92
two of the parties in an alliance coming to a rupture 327
93
Refusal of the succours due in virtue of an alliance ibid
94
These compacts annulled by the failure of protection
95
The enemys associates 328
96
and those who assist him without being obliged to it by treaties I ibid
97
9? or who are in an offensive alliance with him 329 j 99 How a defensive alliance associates with the enemy ibid
99
in What is our country
101
Inhabitants
102
Children born in the armies of the state or in the house of its minister at a foreign court
103
Dominion over public property
113
247 Alienation of the property of a corporation ibid 248 Use of common property
114
Right of anticipation in the use of it ibid 251 The same right in another case ibid 252 Preservation and repairs of common possessions
115
ity and right of the sovereign in that respect ibid 254 Private property ibid 255 The sovereign may subject it to regulations of police ibid 256 Inherita...
116
Duties of tle nation in that respect ibid 259 Duties of the prince
117
Alienation of a part of the state
118
Rights of the dismembered party ibid 365 Whether the prince has power to dismember the state
119
CHAP XXII
120
Bed of a river which is dried up or takes another course
121
Consequence of a river changing its bed izx 271 Works tending to turn the current ibid 272 cr generally prejudicial to the rights of others ibid 273 ...
123
Increase os a lake ibid 276 Land formed on the banks of a lake
125
How far that possession may extend ibid
129
General principle of all the mutual duties of nations
135
Offences I42
142
Sect _ page 142 What foundation is required for ordinary prescription 189
143
Claimant alleging reasons for his silence 190
145
Prescription founded on the actions of the proprietor ibid
146
Ulucaption and prescription take place between nations ibid
147
More difficult between nations to found them on a pre sumptive desertion ibid
148
J Rule and measure of the offices of humanity
149
Mutual respect due by sovereigns to each other
153
voluntary law ibid
156
Validity of treaties 194
158
missionaries ibid
159
CHAP V
160
Nuliityostrcatiesmadeforanunjustordifhonestpurpofe
162
Obligation to observe treaties ibid
163
the citizens
164
What is comprehended in the domain of a nation 165
165
A consequence of that principle ibid 83 Connection of the domain of the nation with the sovereignty ib 84 Jurisdiction
166
Effects of the jurisdiction in foreign countries ibid 86 Desert and uncultivated places
167
Duty of the nation in that respect
168
Right of posiefling things that have no owner ibid 89 Rights granted to another nation ibid 90 Notallowable to c pel a nation from the country she in...
169
Prohibition to enter the territory
170
A country possessed bv several nations at the fame time ibid 96 A country possessed by a private person ibid 97 Independent families in a country ib...
171
Entering the territory
172
Foreigners are subject to the laws ibid 102 and punishable according to the laws ibid 103 Who is the judge of their disputes
173
nor over his propertv
174
Sect t page
179
Hi Right of making use of things belonging to others ibid
180
The nation ought not to increase her power by unlawful
184
An alliance made by a republic is real ibid
185
37 Rght accruing from a general permission ibid
186
How presumption ought to be founded in doubtful cases 207
191
War a mode of acquisition 384
194
Whether a person may quit his country ibid
220
How a person may absent himself for a time
221
they must be obeyed ibid
222
Cases in which a citizen has a right to quit his country
223
Emigrants 106
225
Private contracts of the sovereign
226
If the sovereign infringes their right he injures them 107
227
Exile and banishment ibid
228
The exile and the banished man have a right to live some
229
where 108
230
Duty of nations towards them ibid
231
A nation cannot punish them for faults committed out of her territories
232
except such as affect the common safety of mankind ibid
233
Precaution to be taken in wording treaties ibid 232 Subterfuges in tieaties
234
CHAP XX
235
It gives the guarantee no right to interfere unasked in the execution of a treaty 236
236
Two modes of acquiring public property 110
237
The nation may grant him the use and property of her com mon possessions ibid
238
or allow him the domain and reserve to herself the use of them ibid
239
Treaties with surety ibid
240
Taxes III
241
Sovereign possessing that power ibid
242
Substitute for a hostage ibid 257 Hostage succeeding to the crown ibid 258 The liability of the hostage ends with the treaty ibid 259 The violation of ...
243
Duties of the prince with respect to taxes 112
244
Second general maxim if he who could and ought to have explained himself has not done it it is to his own detri ment
245
Fifth general maxim the interpretation ought to be made according to certain rules
246
The faith of treaties imposes an obligation to follow those rules
247
General rule of interpretation ibid 271 The terms are to be explained conformably to common usage
248
22 Interpretation of ancient treaties ibid 273 Quibbles on words
249
Equivocal expressions
251
Not necessary to give a term the fame fense everywhere in the fame deed
252
or which renders the act null and void of effect
253
Obscure expressions interpreted by others more clear in the fame author
254
Interpretation founded on the connection of the discourse ib 286 Interpretation drawn from the connection and relation of the things themselves
255
Interpretation founded on the reason of the deed
256
Where many reasons have concurred to determine the will ib 289 What constitutes a sufficient reason for an act of the will
257
Extensive interpretation founded on the reason of the act ib 291 Frauds tending to elude Jaws or promises
258
Restrictive interpretation
259
or what is too severe and burthensome
260
How a change happening in the state of things may form an exception
261
Interpretation of a deed in unforeseen cases
263
the contrary is odious
264
the con trary is odious
265
Things of a mixed nature 26 6
266
Interpretation of favourable things ibid 308 Interpretation of odious tilings
267
Examples
268
How we ought to interpret deeds of pure liberality
270
Collision of laws or treaties
271
Safeconduct given in general to any one and his retinue
272
A rule on that subject ibid
274
Mental reservations ibid
275
Interpretation of technical terms ibid
276
327 Compromise ibid 328 Mediation ibid 329 Arbitration
277
Terms whose signification admits of degrees 250
278
Essential rights and those of less importance
279
What may annul the convention made for the rate of the ransom ibid
280
and even without attempting other measures ibid 335 Voluntary law of nations on that subject ibid 336 Equitable conditions to be offerred
281
Possessors right in doubtful cafes
282
How reparation of an injury is to be sought ibid 339 Retaliation ibid 340 Various modes of punishing without having recourse to arms
283
Prisoner rescued before he has received his liberty ibid
284
Whether the things which a prisoner has sound means to conceal belong to him 421
285
Hostage given for the release of a prisoner ibid CHAP XVIII
286
Foundation of the sovereigns rights against the rebels 421
287
Popular commotion insurrection sedition ibid
289
How the sovereign is to suppress them ibid
290
Sect PaRe
291
Hospitals for invalids ibid
297
What war is unjust ibid
303
Pretexts
304
Another cafe more evident
310
First rule in cases of collision ibid
312
Second rule ibid
313
Third rule ibid 315 Fourth rule 272
316
Sixth rule 273
318
ICO Another case ibid ioi In what cafe it does not produce the fame effect
330
CHAP VII
332
Searching neutral ships
339
Retortion ibid
341
Reprisals ibid
342
What is required to render them lawful 284
344
The state is bound to compensate those who suffer by re prisals 285
345
346 The sovereign alone can order reprisals ibid
346
Reprisals against a nation for actions of her subjects and in favour of the injured subjects ibid
347
but not in favour of foreigners ibid
348
Those who have given cause for reprisals arc bound to in demnify those who suffer by them 286
349
What may be deemed a refusal to do justice 287
351
Women children the aged and sick ibid
352
Our right against those who oppose reprisals 288
353
How we ought to confine ourselves to reprisals or at length proceed to hostilities ibid
354
The state is bound 10 procure their release ibid
358
CHAP IX
364
Contributions
366
What treaties are to be observed between enemies
372
CHAP XI
378
Acquisition of immovablesor conquest
386
Of States Eleflive Successive or Hereditary and of those called
391
CHAP XIV
392
and for things ceded to the enemy ibid
398
Volunteers
401
What soldiers and subalterns may do ibid 232 Whether the state is bound to indemnify the subjects for damages sustained in war
402
CHAP XVI
404
General truce for many years ibid 237 By whom those agreements may be concluded
405
The sovereigns faith engaged in them
406
Subjects contravening the truce ibid 242 Violation of the truce
407
what is allowed or not during its continuance First rule Each party may do at home what they have a right to do in time of peace
408
Second ruleNot to take advantage of the truce in doing what hostilities would have prevented
409
or introducing succours ibid 249 Distinction of a particular ease
410
Retreat of an army during a suspension of hostilities ibid 251 Third ruleNothing to be attempted in contested places but every thing to be left as it was
411
Subjects cannot commit hostilities without the sovereigns
423
Civil war
424
A civil war produces two independent parties 425
425
They are to observe the common laws of war ibid 295 The effects of civil war distinguished according to cafes
426
Conduct to bepursued by foreign nations 427
427
Of Peace and the Obligation to cultivate
429
IC4 Protection due to foreigners ibid 105 Their duties ibid 106 To what burthens they are subject 174
430
How the sovereign may in a treaty dispose of what concerns
435
Cessation of contributions
442

Common terms and phrases

Popular passages

Page 339 - All commerce is entirely prohibited with a besieged town. If I lay siege to a place, or only form the blockade. I have a right to hinder any one from entering, and to treat as an enemy whoever attempts to enter the place, or carry any thing to the besieged, without my leave.
Page 99 - All mankind have an equal right to things that have not yet fallen into the possession of any one, and those things belong to the person who first takes possession of them. When, therefore, a nation finds a country uninhabited and without an owner, it may lawfully take possession of it, and after it has sufficiently made known its will in this respect, it cannot...
Page 100 - In effect, when navigators have met with desert countries in which those of other nations had, in their transient visits, erected some monument to show their having taken possession of them, they have paid as little regard to that empty ceremony as to the regulation of the popes, who divided a great part of the world between the crowns of Castile and Portugal.
Page 301 - ... to the calamities of war, when he has it in his power to maintain them in the enjoyment of an honourable and falutary peace. And if to this imprudence, this want of love for his people, he moreover adds...
Page 264 - The voice of equity and the general rule of contracts require that the conditions between the parties should be equal. We are not to presume, without very strong reasons, that one of the Contracting Parties intended to favour the other to his own prejudice ; but there is no danger in extending what is for the common advantage. If, therefore, it happens that the Contracting Parties have not made known their...
Page 170 - CHAP. vii. certam persons or for certain particular purposes, according as he may think it advantageous to the state. There is nothing in all this that does not flow from the rights of domain and sovereignty : every one is obliged to pay respect to the prohibition ; and whoever dares to violate it, incurs the penalty decreed to render it effectual. But the prohibition ought to be known, as well as the penalty annexed to disobedience : those who are ignorant of it, ought to be informed of it when...
Page xxxix - It is not allowable to interpret what has no need of interpretation, and when the words have a definite and precise meaning, to go elsewhere in search of conjecture in order to restrict or extend the meaning.
Page 144 - Further, one country is fitter for some kind of products than another; as, for instance, fitter for the vine than for tillage, If trade and barter take place, every nation, on the certainty of procuring what it wants, will employ its land and its industry in the most advantageous manner; and mankind in general prove gainers by it.
Page 174 - ... liberty of living in the country without respecting the laws. If he violates them he is punishable as a disturber of the public peace, and guilty of a crime against the society in which he lives; but he is not obliged to submit, like the subjects, to all the commands of the sovereign ; and if such things are required of him as he is unwilling to perform he may quit the country."ó Vattel.
Page 172 - Even in the countries where every stranger freely enters, the sovereign is supposed to allow him access only upon this tacit condition, that he be subject to the laws ; I mean the general laws made to maintain good order, and which have no relation to the title of citizen, or of subject of the state.

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