The Law of Nations

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T. & J.W. Johnson, 1883 - International law - 656 pages
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Contents

In what the law of nations originally consists
6
Definition of the necessary law of nations Iviii
8
Nations can make no change in it nor dispense with the obligations arising from it
9
Society established by nature between all mankind
10
A state that has passed under the dominion of another ib 12 Objects of this treatise
11
Hospitals for invalids
12
And between all nations lx
13
Explanation of this observation
14
His duty with respect to the preservation and perfection of the nation
15
The second general law is the liberty and independence of nations lxii
16
Distinctions between internal and external perfect and imperfect obli gations and rights
17
Military discipline
18
Equality of nations lxiii
19
Each nation is mistress of her own actions when they do not affect the perfect rights of others
20
Foundation of the voluntary law of nations
21
Their assumption of an authority which they do
22
Bight of nations against the infractors of the law of nations lxiv
23
Examples
24
Conventional law of nations or law of treaties lxv
25
General rule respecting that law
26
Positive law of nations lxvl
27
General maxim respecting the use of the necessary and the voluntary
28
Indivisibility of sovereignties ib 66 Who are to decide disputes respecting the succession to a sovereignty
29
States called patrimonial
30
Nothing contrary to the tenor of a treaty can be granted to a third party 146
31
Sect Pagt 211 What is our country
101
Of the Cultivation of the Soil
102
Utility of Agriculture 34
103
for the distribution of land
104
CHAP vm
105
Utility of domestic trade ti 85 Utility of foreign trade ib 86 Obligation to cultivate domestic trade ib 87 Obligation to carry on foreign trade 88
106
right of purchasing ib 89 Right of selling ib 90 Prohibition of foreign merchandises 39
107
chap m
109
Contribution 366
115
The sovereign may subject it to regulations of police
116
Duties of the nation in that respect to 259 Duties of the prince
117
He cannot alienate the publio property
118
Rights of the dismembered party
119
Education of youth 48
120
Piety 55
127
So Pag
128
Sect Vyt 133 Securities may be required
133
Passage of merchandise
134
Residence in the country
135
Rule to be observed with respect to ecclesiastics
143
Dignity of nations or sovereign states
149
Of Justice and Polity
150
Treatiesand established customs are to be observed in that respect
151
Whether a sovereign may assume what title and honours he pleases
152
Right of other nations in that respect
153
We must conform to general custom
154
to enforce them 78
157
The sovereign is bound to avenge the wrongs of the state and to pro tect the citizens
161
He must not suffer his subjects to offend other nations or their citizens
162
His duty to appoint upright and enlightened judges
163
If be refuses justice he becomes a party in the fault and offence
164
Waste and destruction
166
Ravaging and burning 367
168
Bombarding towns
169
foundation of the right of punishing 81
170
Possessions of certain places only or of certain rights in a vacant country
171
Entering the territory
172
Foreigners are subject to the laws ih 102 and punishable according to the laws ib 103 Who is the judge of their disputes
173
Protection due to foreigners to 105 Their duties ib 106 To what burthens they are subject
174
Who are the heirs of a foreigner
175
Duel or single combat 84
176
How we are to act towards foreigners who desire a perpetual residence
185
Sect Pag 193 War a mode of acquisition 384
194
Rules of the voluntary law of nations
195
Acquisition of movable property
196
CHAP m
197
A river that separates two territories 120
198
Acquisition of immovablesor conquest 386
199
Whether alluvion produces any change in the right to a river ih 270 Consequence of a river changing its bed 122
201
treaties
202
Land formed on the banks of a lake 125
203
Possession of a country by a nation 98
204
Inequality imposed by way of punishment
205
Other kinds of which we have spoken elsewhere ib 183 Personal and real treaties ib 184 Naming the contracting parties in the treaty does not render i...
206
Perpetual treaties and those for a certain time ib 188 Treaties made for the king and his successors ib 189 Treaties made for the good of the kingdom ...
207
Bays and straits
208
Treaties accomplished once for all and perfected ib 193 Treaties already accomplished on the one part
209
What things are recoverable by that right 394
210
The personal alliance expires if one of the parties ceases to reign
211
Treaties in their own nature personal ib 196 Alliance concluded for the defence of the king and royal family it 197 Obligation of a real alliance when...
212
Whether that right extends to their property alienated by the enemy 395
213
Naturalization
214
Citizens children born in a foreign country
215
Children born at sea
216
Children born in the armies of the state or in the house of its minister at a foreign court 103
217
Settlement
218
Vagrants
219
How the rights and obligations of prisoners subsist 398
220
Marriage
221
Whether a person may quit his country 16
222
Cases in which a citizen has a right to quit his country
223
CHAP IL
224
Emigrants 106
225
Private contracts of the sovereign
226
If the sovereign infringes their right he injures them 107
227
Exile and banishment
228
The exile and the banished man have a right to live somewhere 108
230
231 Duty of nations towards them
231
A nation cannot punish them for faults committed out of her territories 109
233
CHAP XX
234
234 What the Romans called res communes 109
235
Right to security 154
236
Two modes of acquiring public property 110
237
The nation may grant him the use and property of her common pos sessions
238
or allow him the domain and reserve to herself the use of them
239
Publication of the truce
240
Subjects contravening the truce ib 242 Violation of the truce 407
243
Taxes 111
244
what is allowed or not during its continuance First ruleEach party may do at home what they have a right to do in time of peace 408
245
Dominion over public property 113
246
for instance continuing the works of a siege or repairing breaches
247
Effects of the Domain between Nations
248
General effects of the domain 164
249
Distinction of a particular case 410
250
A consequence of that principle to 83 Connection of the domain of the nation with the sovereignty ib 84 Jurisdiction 166
251
Places quitted or neglected by the enemy
252
Sat Page 252 A subject cannot refuse to be a hostage 241
253
They ought not to make their escape
254
in common
255
Whether a hostage who dies is to be replaced 242
256
Effects of the Jurisdiction in foreign countries to 86 Desert and uncultivated places 167
257
The liability of the hostage ends with the treaty
258
The violation of the treaty is an injury done to the hostages
259
The fate of the hostage when he who has given him fails in his en gagements
260
Bight founded on custom
261
Interpretation of a deed in unforeseen cases
262
Necessity of establishing rules of interpretation 244
263
Second general maximif he who could and ought to have explained himself has not done it it is to his own detriment 245
264
Third general maximneither of the contracting parties has a right to interpret the treaty according to his own fancy
265
Fourth general maximwhat is sufficiently declared is to be taken for true
266
We ought to attend rather to the words of the person promising than to those of the party stipulating
267
Fifth general maximthe interpretation ought to be made according to certain rules 246
268
Will of a foreigner ib 112 Escheatage 176
269
The faith of treaties imposes an obligation to follow those rules 247
270
Of the Rights retained by all Nations after the Introduction of Dor and Property
271
The terms are to be explained conformably to common usage 248
272
We ought to reject every interpretation which leads to an absurdity
282
A nation attempting to exclude another does her an injury 126
283
She may acquire an exclusive right by treaties
284
Upon what effects reprisals are made
285
but not in favour of foreigners
286
What may be deemed a refusal to do justice
287
Subjects arrested by way of reprisals
288
Popular commotion insurrection sedition
289
author 254
290
He is bound to perform the promises he has made to the rebels
291
Civil
292
293 A civil war produces two independent parties 294 They are to observe the common laws of
294
The effects of civil war distinguished according to cases
295
Third Objectofagood Governmentto fortifyitselfagainst External Attacks
296
Of the Dissolution and Renewal of Treaties
311
First rule in cases of collision
312
Second rule
313
Third rule
314
Fourth rule 272
316
The right to make war ceases on the offer of equitable conditions ib 55 Formalities of a declaration of war ib 56 Other reasons for the necessity of its ...
317
Sixth rule 273
318
Of the Faith of Treaties
319
Eighth rule 274
320
Tenth rule
321
General remark on the manner of observing all the preceding rules
322
General direction on this subject 271
324
How nations may abandon their rights and just complaints
325
two of the parties in an alliance coming to a rupture
327
Refusal of the succours due in virtue of an alliance ib 95 The enemys associates
328
or who are in an offensive alliance with him
329
Another case ib 101 In what case it does not produce the same effect
330
Whether it be necessary to declare war against the enemys associates
331
party
343
and lest her country should become the theatre of war ib 130 What is included in the grant of passage
344
Safety of the passage ib 132 No hostility to be committed in a neutral country ib 133 Neutral country not to afford a retreat to troops that they may a...
345
General principle of the rights against an enemy in a just war
346
The right to weaken an enemy by every justifiable method
347
an enemy not to be killed after ceasing to resist ib 141 A particular case in which quarter may be refused
348
Reprisals ib 143 Whether a governor of a town can be punished with death for an obstinate defence
349
Fugitives and deserters
351
Women children the aged and sick ib 146 Clergy men of letters c
352
Just reprisals do not afford a just cause for war
353
A prisoner of war not to be put to death
354
How prisoners of war are to be treated 16
355
Whether prisoners of war may be made slaves
356
Exchange and ransom of prisoners
357
The state is bound to procure their release ib 155 Whether an enemy may lawfully be assassinated or poisoned
358
Whether poisoned weapons may be used in war
361
Whether springs may be poisoned ib 158 Disposition to be entertained towards an enemy
362
Tenderness for the person of a king who is in arms against us
363
Faith to be sacred between enemies
371
What treaties are to be observed between enemies 9
372
On what occasions they may be broken ib 177 Lies ib 178 Stratagems and artifices in war
373
amicable accommodation 276
377
Of the Constitution of a State and the Duties and Rights of a Nation in that respect
399
How we ought to confine ourselves to reprisals or at length proceed to hostilities
406
Clauses contained in them
413
Observance of capitulations and its utility
414
Of Safeonducts and Passports and Questions on the Ransom of Prisoner of
415
Grounds of this distinction
424
CHAP V
425
Who is an enemy 321
426
All the subjects of the two states at war are enemies ib 71 and continue to be enemies in all places ib 72 Whether women and children are to be accou...
427
CHAP VL
428
Std Pag 9 Definition of a treaty of peace
432
By whom it may be concluded ib 11 Alienations made by a treaty of peace
433
How the sovereign may in a treaty dispose of what concerns individuals
435
Whether a king who is a prisoner of war can make a peace ib 14 Whether peace can be made with an usurper
436
CHAP
437
Heralds trumpeters and drummers
468
Ministers trumpeters c to be respected even in a civil war ib 89 Sometimes they may be refused admittance
469
Everything which has the appearance of insult to them must be avoided ib 91 By and to whom they may be sent
470
Independence of foreign ministers
472
How he may be punished for ordinary transgressions
475
for faults committed against the prince ib 96 Right of orderingaway an ambassador who is guilty or justly suspected ib 97 Right of repressing him by...
476
Ambassador forming dangerous plots and conspiracies ib 99 What may be done to him according to the exigency of the case
478
Ambassador attempting against the sovereigns life
479
Two remarkable instances respecting the immunities of public ministers
480
Whether reprisals may be made on an ambassador
481
Agreement of nations concerning the privileges of ambassadors
482
Spies 375
486
Allies included in the treaty of peace ib 16 Associates to treat each for himself
487
Clandestine seduction of the enemys people 376
488
Increase of population
503
sovereigns will
515
Privateers ib 230 Volunteers 401
516
Nature of safeconducts and passports 416
532
BOOK III
428
Of Peace and the Obligation to cultivate it 1 What peace is 429
429
The sovereigns obligation in that respect ib 4 Extent of that duty to 5 Disturbers of the public peace 431
430
Mediation ib 18 On what footing peace may be concluded ib 19 General effect of the treaty of peace 438
438
Amnesty 439
439
When the obligation of the treaty commences 440
440
Time of the execution 441
441
Cessation of contributions 442
442
Products of the thing restored or ceded ib 31 In what condition things are to be restored ib 82 The interpretation of a treaty of peace is to be against t...
443
Names of ceded countries ib 34 Restoration not to be understood of those who have voluntarily given themselves up 444
444
S6 It is to be faithfully observed
445
How many ways a treaty of peace may be broken 446
446
A subsequent alliance with an enemy is likewise no breach of the treaty 447
447
Causes of rupture on account of allies 449
449
Ministers of viceroys 455
455
Consuls agents deputies commissioners
460
Valour 88
470
Free exercise of religion 483
483
Whether an ambassador be exempted from all imposts 484
484
Obligation founded on use and custom 485
485
A minister whose character is not publio ib 108 A sovereign in a foreign country 486
486
Deputies to the states 487
487
CHAP X
488
How he may voluntarily subject himself to it 489
489
A minister who is a subject of the state where he is employed 490
490
Immunity of the minister extends to his property 491
491
The exemption cannot extend to effects belonging to any trade the minister may carry on 492
492
CHAP IX
494
Principles of the right over things belonging to the enemy 364
494
Right of asylum 495
495
Exemption of an ambassadors carriages 496
496
of his retinue 497
497
of the secretary of the embassy
498
Alienation of the poperty of a corporation ib 248 Use of common property 114
626
law
627
v
631
Other military virtues 89
633
Monopolies and trading companies with exclusive privileges 42
634
It ought to be attended with knowledge
635
Duty of a prince who is empowered to nominate his successor 32
638
Compromise ib 328 Mediation ib 329 Arbitration 277
639
Definition of war 291
640
General duty of the proprietor 183
641
Definition of usucaption and prescription 187
643
Utility of highways canals c 43
644
liberty of conscience
645
but not by prescription and long use 127
647
When it commences 466
648
Of the pnblio authority 8
649
Expiration of alliances made for a limited time 213
650
The faith of treaties is sacred ib 221 He who violates his treaties violates the law of nations ib 222 Right of nations against him who disregards the fait...
651
Right of making war
653
ib 312 ib 313
654
Of the Sovereign who wages an unjust war 183 An unjust war gives no right whatever 378
655

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Popular passages

Page xxxv - 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 427 - When a nation becomes divided into two parties absolutely independent, and no longer acknowledging a common superior, the state is dissolved, and the war between the two parties stands on the same ground, in every respect, as a public war between two different nations...
Page 285 - The tranquillity of the people, the safety of states, the happiness of the human race, do not allow that the possessions, empire, and other rights of nations should remain uncertain, subject to dispute and ever ready to occasion bloody wars. Between nations, therefore, it becomes necessary to admit prescription founded on length of time as a valid and incontestable title.
Page lix - Nations composed of men, and considered as so many free persons living together in the state of nature, are naturally equal, and inherit from nature the same obligations and rights. Power or weakness does not in this respect produce any difference. A dwarf is as much a man as a giant; a small republic is no less a sovereign state than the most powerful kingdom.
Page 208 - At present the whole space of the sea within cannon shot of the coast is considered as making a part of the territory ; and, for that reason, a vessel taken under the cannon of a neutral fortress is not a lawful prize.
Page 356 - Vattel's first general maxim of interpretation is that " it is not allowable to interpret what has no need of interpretation...
Page 379 - The Swiss have had the precaution in all their alliances among themselves, and even in those they have contracted with the neighboring powers, to agree beforehand on the manner in which their disputes were to be submitted to arbitrators, in case they could not adjust them in an amicable manner.
Page 378 - They cannot say that it is manifestly unjust, since it is pronounced on a question which they have themselves rendered doubtful by the discordance of their claims, and which has been referred as such to the decision of the arbitrators.
Page 175 - Their unsettled habitation in those immense regions cannot be accounted a true and legal possession...
Page 424 - When a party is formed in a state who no longer obey the sovereign, and are possessed of sufficient strength to oppose him, or when in a republic the nation is divided into two opposite factions and both sides take up arms, this is called a civil war.

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