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

Front Cover
T. & J. W. Johnson, 1867 - International law - 656 pages
 

Selected pages

Contents

Of the Right of Embassy or the Right of sending and receiving Public Ministers 55 It is necessary that nations be enabled to treat and communicate to...
57
Defensive war requires no declaration 317
58
It is not to be omitted by way of retaliation
59
Time of the declaration
60
Sect
61
Cities that have the right of banner 454
62
Commencement of hostilities 318
63
Publication of the war and manifestoes
64
Of Nations or Sovereign States
65
Decorum and moderation to be observed in the manifestoes 319
66
It produces the right of selfdefence
67
It is to be distinguished from informal and unlawful war 320
68
Who is an enemy 321
70
and continue to be enemies in all places
71
he
72
He must not suffer his subjects to offend other nations or their citizens 162
73
Things belonging to an enemy 322
74
Neutral things found with an enemy
75
Lands possessed by foreigners in an enemys country
76
Things due to the enemy by a third party
77
Of the Sovereign his Obligations and his Rights 38 Of the sovereign 12
78
General effects of the domain
79
He is solely established for the safety and advantage of society 13
80
Utility of foreign trade
85
Sect Page 128 That state may refuse it from fear of the resentment of the opposite 343
86
His duty with respect to the preservation and perfection of the nation ib 43 His rights in that respect ib 44 He ought to know the nation 15
88
Ministers 23
90
Nature of the right of purchasing
91
Whether elective kings be real sovereigns 24
92
The order of succession ought commonly to be observed 26
94
Secu
96
Indivisibility of sovereignties ib 66 Who are to decide disputes respecting the succession to a sovereignty ib 67 The right of succession not to depend...
97
States called patrimonial 30
98
Entering the territory
100
CHAP VII
102
Agreement of nations concerning the privileges of ambassadors
103
Sert
105
To what burthens they are subject
106
Additional reasons for making those treaties
108
Instruction
111
Escheatage
112
Import duties
113
Passage to be asked
114
Contribution 366
115
The nation or public person bound to perfect her understanding and will 52
118
It may be refused for good reasons
121
Examples
124
No complaint lies against a neutral state for granting a passage
127
Sect Page 288 Another reason for appropriating the sea bordering on the coasts
128
How far that possession may extend ib 290 Shores and ports
129
Bays and straits ib 292 Straits in particular
130
Right to wrecks ib 294 A sea inclosed within the territories of a nation ib 295 The parts of the sea possessed by a sovereign are within his jurisdiction
131
BOOK II
132
Foundation of the common and mutual duties of nations
133
Offices of humanity and their foundation
134
General principles of all the mutual duties of nations
135
How the prince is to act when the nation is resolved to change
136
She is bound to contribute to the perfection of other states ib 7 but not by force
137
The right to require the offices of humanity
138
Mutual love of nations ib 12 Each nation is bound to cultivate the friendship of others ib 13 to perfect herself with the view to the advantage of other...
139
to take care of their glory ib 15 Difference of religion ought not to preclude the offices of humanity ib 16 Rule and measure of the offices of humani...
140
Particular limitation with respect to the prince
141
What foundation is required for ordinary prescription 189
143
Sect Page 24 Right of trading belonging to nations
144
matters of religion ib Authorities and examples
145
General rule concerning those treaties ib 28 Duty of nations in making such treaties ib 29 Perpetual or temporary treaties or treaties revocable at plea...
146
A nation may restrict her commerce in favour of another nation ib 33 A nation may appropriate to herself a particular branch of trade
147
More difficult between nations to found them on a presumptive desertion
148
Dignity of nations or sovereign states
149
Their equality ib 37 Precedency ib 38 The form of government is foreign to this question
150
Treaties and established customs are to be observed in that respect ib 41 Name and honours given by the nation to her conductor
151
Whether a sovereign may assume what title and honours he pleases
152
How titles and honours may be secured
153
We must conform to general custom ib 47 Mutual respect due by sovereigns to each other ib 48 How a sovereign ought to maintain his dignity
154
Whether a state under protection may make treaties 193
156
CHAP XIII
158
Duty of nations in that respect
159
Nullity of treaties which are pernicious to the state
160
Nullity of treaties made for an unjust or dishonest purpose 195
162
Obligation to observe treaties
163
The ordinary courts should determine causes relating to the revenus
164
Of the state and of sovereignty
165
Waste and destruction
166
How treaties may be concluded with several nations with the same view 197
167
We owe no assistance in an unjust war
168
General division of treaties those that relate to things already due by the law of nature
169
Criminal laws
170
Collision of those treaties with the duties we owe to ourselves 198
171
equal treaties
172
Obligation to preserve equality in treaties
173
Means of putting a stop to that disorder
176
Authority of the body politic over the members
177
179
179
Dage
185
CHAP XXI
186
Attacking the glory of a nation is doing her an injury
191
Of the Alienation of the Public Property or the Domain and that of a Part
193
Obligation of a real alliance when the allied king is deposed
197
Conditions on which a conquered town is acquired
199
Possession of a country by a nation
203
Foundation of that right
205
Whether it be lawful to take possession of part of a country inhabited
209
What is our country
211
Tributary states
212
To what the sovereign is bound
214
The treaty is void by the destruction of one of the contracting powers
216
Children born in the armies of the state or in the house of its minister
217
CHAP XV
218
What is sacred among nations
219
The faith of treaties is sacred
220
He who violates his treaties violates the law of nations
221
Cases in which a citizen has a right to quit his country
223
This abuse authorized by princes
226
It gives no preeminence to one treaty above another
227
The exile and the banished man have a right to live somewhere
229
The faith of treaties does not depend on the difference of religion
230
Precaution to be taken in wording treaties
231
Subterfuges in treaties
233
Faith tacitly pledged ib CHAP XVI
234
Aggregate wealth of a nation and its divisions
235
It gives the guarantee no right to interfere unasked in the execution of a treaty
236
Of the Right to Security and the Effects of the Sovereignty and Independence 49 Right to security 154
237
It produces the right of resistance ib 51 and that of obtaining reparation 155
240
Rank of the hostages
253
They ought not to make their escape
254
Whether a hostage who dies is to be replaced
256
The nation may alienate her public property
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 243
260
Right founded on custom ib CHAP XVII
261
Interpretation of a deed in unforeseen cases
262
Alienation of a part of the state
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
Whether alluvion produces any change in the right to a river
269
The faith of treaties imposes an obligation to follow those rules 247
270
178
271
The terms are to be explained conformably to common usage 248
272
Quibbles on words 249
274
Increase of a lake
275
Interpretation of technical terms
276
Terms whose signification admits of degrees 250
278
Equivocal expressions
279
What may annul the convention made for the rate of the ransom
280
3
281
We ought to reject every interpretation which leads to an absurdity
282
or which renders the act null and void of effect 253
284
Hostage given for the release of a prisoner
286
The sea near the coasts may become property
287
Civil
292
Sect Page 10 Whether there be any exemptions from carrying arms
294
Soldiers pay and quarters
296
Hospitals for invalids ib 13 Mercenary soldiers
297
Rule to be observed in their enlistment
298
Enlisting in foreign countries ib 16 Obligation of soldiers
299
Military laws ib 18 Military discipline ib 19 Subordinate powers in war ib 20 How their promises bind the sovereign
300
In what cases their promises bind only themselves ib 22 Their assumption of an authority which they do not possess ib 23 How they bind their inferi...
301
Justificatory reasons and motives for making war ib 26 What is in general a just cause of war
302
What war is unjust ib 28 The object of war ib 29 Both justificatory reasons and proper motives requisite in undertaking a war
303
Proper motivesvicious motives ib 31 War undertaken upon just grounds but from vicious motives ib 32 Pretexts
304
War undertaken merely for advantage ib 34 Nations who make war without reason or apparent motives
305
How an offensive war is just in an evident cause ib
306
First rule in cases of collision
312
Second rule
313
Of other public Conventions of those that are made by Subordinate Powers
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 ib CHAP XVIII
322
General direction on this subject 274
324
How nations may abandon their rights and just complaints
325
How we acquire a right of recurring to force in a doubtful case
333
Retaliation
339
CHAP II
343
The state is bound to compensate those who suffer by reprisals
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
Peasants and in general all who do not carry arms ib 148 The right of making prisoners of war
353
A prisoner of war not to be put to death
354
How prisoners of war are to be treated ib 151 Whether prisoners who cannot be kept or fed may be put to death
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
372
On what occasions they may be broken ib 177 Lies ib 178 Stratagems and artifices in war
373
Spies
375
Clandestine seduction of the enemys people
376
amicable accommodation 276
377
Arbitration 277
378
Great guilt of the sovereign who undertakes it ib 185 His obligations
379
Difficulty of repairing the injury he has done ib 187 Whether the nation and the military are bound to any thing
380
Nations not rigidly to enforce the law of nature against each other
381
Why they are bound to admit the voluntary law of nations ib 190 Regular war as to its effects is to be accounted just on both sides
382
Whatever is permitted to one party is so to the other ib 192 The voluntary law gives no more than impunity to him who wages
383
those who suffer by them
388
A nation has a right to every thing necessary for her preservation
392
Of the Instruments of War the Raising of Troops c their Commanders
394
in a doubtful cause
408
Conduct to be pursued by foreign nations
427
Of the Enemys Allies of Warlike Associations of Auxiliaries and Sub sidies 78 Treaties relative to war 323
428
Utility of highways canals
437
Respect due to public ministers
464
Their persons sacred and inviolable ib 82 Particular protection due to them
465
BOOK IV
473
CHAP IX
481
Its right in that respect
482
Sect Page 1 WHAT is meant by a nation or state 1v 2 It is a moral person ib 3 Definition of the law of nations ib 4 In what light nations or states are ...
494
The right she derives from these obligations
514
Privateers
516
Of Safeconducts and Passports and Questions on the Ransom of Prisoners
538
When it commences 466
539
Principles of the right over things belonging to the enemy 364
541
OF THE RESTORATION OF PEACE AND OF EMBASSIES
546
Treaties of Peace
549
author 254
555
On what footing peace may be concluded
556
Foundation of the right to demand toll
571
Of the Judge of Ambassadors in Civil Cases
610
CHAP IX
616
500
622
Conferences and congresses 278
626
Treaties concluded by a public person without orders from the sove
628
Colonies
629
Conclusion
634
It is immutable ib 9 Nations can make no change in it nor dispense with the obligations arising from it ib 10 Society established by nature between all...
635
Duty of a prince who is empowered to nominate his successor 32
638
Difference between warlike alliances and defensive treaties 324
640
Nature of safeconducts and passports
641
When the obligation of the treaty commences
642
Instruments of
6
Interpretation founded on the connection of the discourse il
9
War cannot be just on both sides ib 40 Sometimes reputed lawful ib 41 War undertaken to punish a nation 307
11
Alone and of itself it cannot give a right to attack him 308 309

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Common terms and phrases

absolute according advantage affairs alliance allow ally ambassador arms authority bassador become belongs BOOK bound cause CHAP Cicero citizens civil commerce common conduct consent consequence considered contracting contrary court custom declared depend deprive domain duty emperor enemy engagements England equally established favour foreign France give grant Grotius happiness honour human independent individual injury instance intrusted judge justice king king of France law of nations law of nature laws of war liberty mankind manner maxim ment minister natural law necessary necessity neral neutral country obliged observed occasion particular party perfect person possession postliminium Prelim present preserve prince principles procure promise proper Puffendorf punishment reason refuse reign religion render respect Romans rule safety society sove sovereign sovereignty spect sufficient territory thing tion treaty of peace truce United Provinces unjust usucaption violation virtue

Popular passages

Page 343 - When a deed is worded in clear and precise terms — when its meaning is evident and leads to no absurd conclusion — there can be no reason for refusing to admit the meaning which such deed naturally presentS. To go elsewhere in search of conjectures, in order to restrict or extend it, is but an attempt to elude it. If this dangerous method be once admitted, there will be no deed which it will not render useless.
Appears in 71 books from 1797-1989
Page 59 - Nations composed of men, and considered as so many free persons living together in a 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.
Appears in 93 books from 1828-2007
Page 175 - Their unsettled habitation in those immense regions cannot be accounted a true and legal possession ; and the people of Europe, too closely pent up at home, finding land of which the savages stood in no particular need, and of which they made no actual and constant use, were lawfully entitled to take possession of it, and settle it with colonies.
Appears in 36 books from 1831-2007
Page 188 - The right which belongs to the society, or to the sovereign, of disposing, in case of necessity, and for the public safety, of all the wealth contained in the state, is called the eminent domain.
Appears in 65 books from 1836-1992
Page 208 - 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 guns of a neutral fortress is not a good prize.
Appears in 34 books from 1824-1984
Page 356 - Vattel's first general maxim of interpretation is that " it is not allowable to interpret what has no need of interpretation...
Appears in 219 books from 1797-2004
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.
Appears in 27 books from 1858-1989
Page 53 - As men are subject to the laws of nature, — and as their union in civil society cannot have exempted them from the obligation to observe those laws, since by that union they do not cease to be men, — the entire nation, whose common will is but the result of the united wills of the citizens, remains subject to the laws of nature, and is bound to respect them in all her proceedings.
Appears in 32 books from 1863-2007
Page 61 - Thus, for instance, on mere general principles it is lawful to destroy your enemy ; and mere general principles make no great difference as to the manner by which this is to be effected ; but the conventional law of mankind, which is evidenced in their practice, does make a distinction, and allows some, and prohibits other modes of destruction...
Appears in 49 books from 1799-2005
Page 441 - Nations resorting to my enemy's country for commercial purposes. It is certain that as they have no part in my quarrel, they are under no obligation to renounce their commerce for the sake of avoiding to supply my enemy with the means of carrying on the war against me. Should they affect to refuse selling me a single article, while at the same time they take pains to convey an abundant supply to my enemy, with an evident intention to favour him, such partial conduct would exclude them from the Neutrality...
Appears in 17 books from 1797-1916

Bibliographic information

TitleThe Law of Nations: Or, Principles of the Law of Nature Applied to the Conduct and Affairs of Nations and Sovereigns
AuthorEmer de Vattel
PublisherT. & J. W. Johnson, 1867
Original fromHarvard University
Digitized24 Aug 2007
Length656 pages
  
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