The Law of Nations

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

It is not to be omitted by way of retaliation
59
Time of the declaration
60
Duty of the inhabitants on a foreign armys entering a country before a declaration of war
61
Circumspection to be used 159
62
Commencement of hostilities 318
63
Necessity of the observance of justice in human society 64 Obligation of all nations to cultivate and observe justice
64
Sect Pagt 142 Nature of that authority
65
Pernicious consequences of the contrary opinion ib 146 Abuses particularized 1 The power of the popes
66
It producesthe right of selfdefence
67
CHAP IL
68
A nation ought to act agreeably to her nature 4
69
Preeminence _
70
Independence immunities
71
he is bound to procure plenty 33
72
A nation is under an obligation to preserve herself ib 17 and to preserve her members ib 18 A nation has a right to every thing necessary for her pres...
73
to take care that there be a sufficient number of workmen
74
Neutral things found with an enemy
75
Emissaries who entice them away 34
76
Things due to the enemy by a third party
77
The nation ought not to attempt it without great caution 12
78
He is solely established for the safety and advantage of society 13
80
His duty with respect to the preservation and perfection of the nation
82
Sect Pant 85 Alliances made with a nation actually engaged in war 325
86
To refuse succours for an unjust war is no breach of alliance 326
88
It never takes place in an unjust war
89
He is bound to maintain and observe the existing laws ib 49 In what sense he is subject to the laws ib 50 His person is sacred and inviolable 17
90
and in a treaty of a guaranty
91
Of States Elective Successive or Hereditary and of those called Patrimonial 56 Elective states 23
92
two of the parties in an alliance coming to a rupture 327
94
The order of succession ought commonly to be observed 26
97
States called patrimonial 30
98
or who are in an offensive alliance with him 329
99
Another case
100
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
Contribution 366
115
The nation may alienate her public property
116
Duties of the nation in that respect to 259 Duties of the prince
117
8m r
118
Rights of the dismembered party
119
A river that separates two territories
120
Bed of a river which is dried up or takes another course
121
Right of alluvion ib 269 Whether alluvion produces any change in the right to a river ih 270 Consequence of a river changing its bed
122
Love of virtue and abhorrence of vice to be excited 51
124
So Pag
128
Sect Vyt 133 Securities may be required
133
Passage of merchandise
134
Residence in the country
135
The clergy drawing every thing to themselves and inter rupting the course of justice 75
148
Of Justice and Polity 158 A nation is bound to make justice flourish 77
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
Functions and duties of the prince in that respect
161
How he is to dispense justice
162
His duty to appoint upright and enlightened judges
163
If be refuses justice he becomes a party in the fault and offence
164
The ordinary courts should determine causes relating to the revenue 79
165
Waste and destruction
166
The prince bound to observe the forms of justice 80
167
distribution of employments and rewards
168
Bombarding towns
169
CHAP XVII
170
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
An alliance with diminution of sovereignty may annul preceding
176
CHAP IV
185
Sect Pag 193 War a mode of acquisition 384
194
Rules of the voluntary law of nations
195
Acquisition of movable property
196
Acquisition of immovablesor conquest 386
199
Works tending to turn the current to 272 or generally prejudicial to the rights of others
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
220 The faith of treaties is sacred
220
The faith of treaties is sacred ib 221 He who violates his treaties violates the law of nations
221
Whether a person may quit his country 16
222
Cases in which a citizen has a right to quit his country
223
Subjects cannot commit hostilities without the sovereigns order 899
224
Emigrants 106
225
Right of nations against him who disregards the faith of treaties
226
If the sovereign infringes their right he injures them 107
227
Exile and banishment
228
It cannot give force to a treaty that is invalid
229
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
234 Faith tacitly pledged ib CHAP XVI
234
234 What the Romans called res communes 109
235
236 It gives the guarantee no right to interfere unasked in the execution of a treaty
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 ib 240 Taxes 111
239
240 Treaties with surety
240
The nation may reserve to herself the right of imposing them
241
Sovereign possessing that power
242
Violation of the truce 407
243
Duties of the prince with respect to taxes 112
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
Bank of the hostages
253
They ought not to make their escape
254
in common
255
Whether a hostage who dies is to be replaced
256
Effects of the Jurisdiction in foreign countries to 86 Desert and uncultivated places 167
257
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
CHAP IL
271
The terms are to be explained conformably to common usage 248
272
What are the rights of which men cannot be deprived 178
274
llija and of procuring necessaries to 125 Right of dwelling in a foreign country Jl vufic to 1260Chings of which the use is inexhaustible 181
275
Interpretation of technical terms
276
Safe conduct with the clause for such time as we shall think fit
277
Terms whose signification admits of degrees 250
278
Equivocal expressions
279
Whether the sea can be possessed and its dominion appropriated
280
Nobody has a right to appropriate to himself the use of the open sea
281
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
Interpretation founded on the connection of the discourse
285
Interpretation drawn from the connection and relation of the things
286
What may be deemed a refusal to do justice
287
themselves 255
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
Conduct to be pursued by foreign nations
296
Treaties relative to war 323
306
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
Sixth rule 273
318
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
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
BOOK III
392
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
Defensive and offensive alliances
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
Of the Rights Privileges and Immunities of Ambassadors and other Public
460
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
Free exercise of religion
483
Whether an ambassador be exempted from all imposts
484
Obligation founded on use and custom
485
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
How he may voluntarily subject himself to it
489
A minister who is a subject of the state where he is employed
490
Immunity of the minister extends to his property
491
The exemption cannot extend to effects belonging to any trade the minister may carry on
492
nor to immovable property which he possesses in the country
498
sovereigns will
515
Privateers ib 230 Volunteers 401
516
Nature of safeconducts and passports 416
532
CHAP m
539
Principles of the right over things belonging to the enemy 364
541
BOOK IV
546
Of Peace and the Obligation to cultivate it 1 What peace is 429
547
The sovereigns obligation in that respect ib 4 Extent of that duty to 5 Disturbers of the public peace 431
548
Mediation ib 18 On what footing peace may be concluded ib 19 General effect of the treaty of peace 438
556
Of the Execution of the Treaty of Peace
557
When the obligation of the treaty commences 440
558
Cessation of contributions 442
562
The treaty of peace binds the nation aud successors 444
564
Justifiable selfdefence is no breach of the treaty 448
566
Respect due to public ministers 464
604
Of the Constitution of a State and the Duties and Rights of a Nation in that respect
605
Of the Ambassadors House and Domestics 117 The ambassadors house 494
616
Right of asylum 495
618
Exemption of an ambassadors carriages 496
620
Alienation of the poperty of a corporation ib 248 Use of common property 114
626
Nature of the right of purchasing ib 92 Each nation to determine for herself how she will carry on commerce ib 93 How a nation acquires a perfect ri...
627
245 Hostages
633
Monopolies and trading companies with exclusive privileges 42
634
The object of this society of nations lxi
635
Their persons sacred and inviolable
636
Duty of a prince who is empowered to nominate his successor 32
638
Compromise ib 328 Mediation ib 329 Arbitration 277
639
Conduct to be pursued by a neutral nation ib 105 Au ally may furnish the succour due from him and remain neuter 333
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
Interpretation founded on the connection of the discourse ib 286 Interpretation drawn from the connection and relation of the things themselves 255
651
Hospitals for invalids 13 Mercenary soldiers 14 Rule to be observed in their enlistment 15 Enlisting in foreign countries 16 Obligation of soldiers 1...
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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Page 25 - 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 535 - 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 275 - 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 51 - 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 200 - 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 346 - Vattel's first general maxim of interpretation is that " it is not allowable to interpret what has no need of interpretation...
Page 369 - 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 368 - 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 167 - Their unsettled habitation in those immense regions cannot be accounted a true and legal possession...
Page 532 - 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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