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

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P.H. Nicklin & T. Johnson, 1835 - International law - 500 pages
 

Selected pages

Contents

She is bound to contribute to the perfection of other states
6
Her right to every thing that may promote this end ib 21 A nation ought to perfect herself and her condition ib 22 and to avoid every thing contrary ...
7
CHAP III
8
What is the constitution of a state ib 28 The nation ought to choose the best constitution
9
Political fundamental and civil laws ib 30 Support of the constitution and obedience to the laws ib 31 Rights of a nation with respect to her constitutio...
10
She may reform the government ib 33 and may alter the constitution ib 34 Of the legislative power and whether it can alter the consti tution
11
CHAP IV
12
General obligation imposed by
13
Effect of that equality
19
Arbitration between the king and his subjects
20
Customary law of nations
25
The order of succession ought commonly to be observed
26
ciety 13
31
Of the Cultivation of the Soil
32
The object of society points out the duties of the sovereign
33
Sect Page
34
150
38
Second Object of a good Government to procure the true Happi ness of a Nation Sect Page 110 A nation is bound to labour after her own happiness
47
Instruction ib 112 Education of youth
48
Arts and sciences ib 114 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
in individuals ib 121 in the nation or state itself and in the sovereign ib 122 Definition of the term country ib 123 How shameful and criminal to inju...
54
CHAP XII
55
It ought to be attended with knowledge ib 127 Religion internal and external
56
when there is as yet no established religion
57
when there is an established religion ib 132 Duties and rights of the sovereign with respect to religion
58
where there is an established religion
59
Objects of his care and the means he ought to employ
60
Necessity of the observance of justice in human society 160
64
Right of refusing to submit to injustice ib 66 This right is a perfect one 161
67
the right of doing ourselves justice
68
The right of punishing injustice
69
Right of all nations against one that openly despises justice
70
151
71
to take care that there be a sufficient number
73
CHAP XIII
77
Utility of domestic trade
84
Advantages of glory
88
It never takes place in an unjust
89
Prohibition of foreign merchandises
90
The enemys associates
95
Imprescriptibility of rights founded on treaty
96
Entering the territory
99
Sect Page 217 Children born in the armies of the state or in the house of its minister at a foreign court
101
Its rights in that respect
102
Sect Page
103
Settlement ib 219 Vagrants ib 220 Whether a person may quit his country ib 221 How a person may absent himself for a time
105
Sources of their right ib 226 If the sovereign infringes their right he injures them
106
How one nation may injure another in the article of coin
108
ib 232 A nation cannot punish them for faults committed out of her territories
109
Aggregate wealth of a nation and its divisions ib 236 Two modes of acquiring public property
110
Taxes
111
Sovereign possessing that power ib 243 Duties of the prince with respect to taxes
112
Eminent domain annexed to the sovereignty ib 245 Dominion over public property
113
Alienation of the property of a corporation ib 248 Use of common property
114
How each member is to enjoy it ib 250 Right of anticipation in the use of it ib 251 The same right in another case ib 252 Preservation and repairs of ...
115
Sect Page 257 The nation may alienate her public property
116
Alienation of a part of the state
118
Rights of the dismembered party ib 265 Whether the prince has power to dismember the state
119
A river that separates two territories
120
Bed of a river which is dried up or takes another course
121
or generally prejudicial to the rights of others ib 273 Rules relative to interfering rights ib 274 Lakes
123
Land formed on the banks of a lake
124
The sea and its use
125
A nation attempting to exclude another does her an injury
126
but not by prescription and long use
127
unless by virtue of a tacit agreement ib 287 The sea near the coasts may become property ib 288 Another reason for appropriating the sea bordering...
128
How far that possession may extend ib 290 Shores and ports
129
Straits in particular
130
What is included in the grant of passage 344
131
No hostility to be committed in a neutral country
132
Neutral country not to afford a retreat to troops that they may again attack their enemies 345
133
Conduct to be pursued by troops passing through a neutral country
134
Toleration
135
How the prince is to act when the nation is resolved to change her religion
136
Difference of religion does not deprive a prince of his crown 61
138
The sovereign ought to have the inspection of the affairs of religion and authority over those who teach it 62
139
Rules and measure of the offices of humanity
140
He is bound to prevent the abuse of the established religion 63
141
Page
142
Nature of that authority 64
143
Recapitulation of the reasons which establish the sovereigns rights in matters of religion ib Authorities and ex ample 65
144
Pernicious consequences of the contrary opinion
145
Nothing contrary to the tenor of a treaty can be granted
146
A nation may appropriate to herself a particular branch
147
Abuses particularised 1 The power of the popes 66
148
Other principles that enforce prescription 191
150
How titles and honours may be secured
153
By whom treaties are made
154
Whether a state under protection may make treaties 193
156
Validity of treaties 194
158
missionaries
159
Nullity of treaties which are pernicious to the state
160
Functions and duties of the prince in that respect
161
He must not suffer his subjects to offend other nations or their citizens
162
Conduct to be pursued by the offended party ib 76 Duty of the aggressors sovereign
163
Another case in which the nation is guilty of the crimes of the citizens
164
What is comprehended in the domain of a nation
165
A consequence of that principle ib 83 Connection of the domain of the nation with the sovereignty ib 84 Jurisdiction
166
Effects of the jurisdiction in foreign countries ib 86 Desert and uncultivated places
167
Duty of the nation in that respect
168
Right of possessing things that ha have no owner ib 89 Rights granted to another nation ib 90 Not allowable to expel a nation from the country she in...
169
Prohibition to enter the territory
170
A country possessed by several nations at the same time ib 96 A country possessed by a private person ib 97 Independent families in a country ib 98 ...
171
Execution of the laws
172
Obligation to preserve equality in treaties 199
175
An alliance with diminution of sovereignty may annul pre
176
Foreigners continue members of their own nation
177
National strength
178
The sovereign may subject it to regulations of police ib 256 Inheritances 116
179
Right of passage
183
The nation ought not to increase her power by unlawful
184
Sect Page 189 Why they are bound to admit the voluntary law of nations 381
190
Right of the citizens when the nation submits to a foreign
195
Duty of the members of a state or subjects of a prince
201
ceding treaties
202
Mutual duties of nations with respect to unequal alliances
205
How a nation acquires the property of a desert country
207
Treaties accomplished once for all and perfected
211
The violation of one article in a treaty may cancel
217
Sect Page 209 The agreement called sponsio
221
To what the promiser is bound when it is disavowed ib 212 To what the sovereign is bound
223
Private contracts of the sovereign
226
Contracts made by him with private persons in the name of the state ib 215 They are binding on the nation and on his successors
227
Debts of the soveriegn and the state ib 217 Donations of the sovereign
228
CHAP XV
229
He who violates his treaties violates the law of nations ib 222 Right of nations against him who disregards the faith of treaties
230
The law of nations violated by the popes ib 224 This abuse authorized by princes
231
Use of an oath in treaties It does not constitute the ob ligation
232
It does not change the nature of obligations ib 227 It gives no preeminence to one treaty above another ib 228 It cannot give force to a treaty that is i...
233
Faith tacitly pledged
234
CHAP XVI
235
It gives the guarantee no right to interfere unasked in the execution of a treaty
236
Nature of the obligation it imposes ib 238 The guaranty cannot impair the rights of a third party ib 239 Duration of the guaranty
237
Treaties with surety
240
Pawns securities and mortgages
241
A nations right over what she holds as a pledge
242
Equivocal expressions ib 280 The rule for these two cases
251
Subjects inclined to revolt against their prince not to
253
Not necessary to give a term the same sense every where in the same deed
254
Where many reasons have concurred to determine the will
257
Particular conditions added to truces
259
What tends to the common advantage and to equality
265
Sect Page 265 Nature of safe conducts and passports 416
266
Not transferable from one person to another
267
Extent of the promised security
268
How to judge of the right derived from a safe conduct 417
270
How we ought to interpret deeds of pure liberality
271
Safe conduct given in general to any one and his retinue
272
Term of the safe conduct 418
274
The safeconduct does not expire at the death of him who gave it
275
amicable accommodation
276
Compromise ib 328 Mediation ib 329 Arbitration
277
Conferences and congresses
278
Distinction to be made between evident and doubtful cases ib 332 Essential rights and those of less importance
279
How we acquire a right of recurring to force in a doubtful case
280
and even without attempting other measures ib 335 Voluntary law of nations on that subject ib 336 Equitable conditions to be offered
281
We ought to reject every interpretation which leads to an absurdity
282
How reparation of an injury is to be sought ib 339 Retaliation ib 340 Various modes of punishing without having recourse to arms
283
or which renders the act null and void of effect 253
284
Interpretation founded on the connection of the discourse
285
348but not in favour of foreigners ib 349 Those who have given cause for reprisals are bound to in demnify those who suffer by them
286
What may be deemed a refusal to do justice
287
Subjects arrested by way of reprisals ib 352 Our right against those who oppose reprisals
288
BOOK III
289
CHAP I
290
It belongs only to the sovereign power
292
Rights to wrecks
293
A sea inclosed within the territories of a nation
294
Whether there be any exemptions from carrying arms ib 11 Soldiers pay and quarters 296
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
CHAP III
302
What war is unjust ib 28 The object of war
303
Both justificatory reasons and proper motives requisite in undertaking a war
305
How an offensive war is just in an evident cause ib 38in a doubtful cause
306
War cannot be just on both sides ib 40 Sometimes reputed lawful ib 41 War undertaken to punish a nation
307
Alone and of itself it cannot give a right to attack him
308
How the appearances of danger give that right
309
Another case more evident
310
Other allowable means of defence against a formidable power
311
Securities may be required
313
CHAP IV
315
Formalities of a declaration of war ib 56 Other reasons for the necessity of its publication ib 57 Defensive war requires no declaration
317
When it may be omitted in an offensive war ib 59 It is not to be omitted by way of retaliation ib 60 Time of the declaration ib 61 Duty of the inhabit...
318
Eighth rule
319
What is a lawful war in due form ib 67 It is to be distinguished from informal and unlawful war
320
CHAP V
321
Who is an enemy
322
Defensive and offensive war 293
324
How nations may abandon their rights and just complaints
325
Of our Native Country and various Matters relating to
330
Passage of merchandise
332
Searching neutral ships
339
Of the Rights of Nations in War and first of what we have a Right to do and what we are allowed to do to the Enemys Person in a just war 136 Gener...
346
The right to weaken an enemy by every justifiable method
347
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
350
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
Citizens and natives
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
just satisfaction
365
Booty ib 165 Contributions
366
Waste and destruction ib 167 Ravaging and burning
367
Bombarding towns ib 170 Demolition of fortresses
368
CHAP X
370
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
Whether the offers of a traitor may be accepted
377
An unjust war gives no right whatever
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
sides
381
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 an unjust war
383
War a mode of acquisition
384
Measure of the right it gives ib 195 Rules of the voluntary law of nations
385
Acquisition of moveable property ib 197 Acquisition of immoveables or conquest
386
How to transfer them validly
387
Conditions on which a conquered town is acquired ib 200 Lands of private persons
388
Conquest of the whole state ib 202 To whom the conquest belongs
390
Whether we are to set at liberty a people whom the enemy has unjustly conquered ib CHAP XIV
392
Foundation of that right ib 206 How it takes effect
393
Whether it takes effect among the allies ib 208 Of no validity in neutral nations ib 209 What things are recoverable by that right
394
Of those who cannot return by the right of postliminium ib 211 They enjoy that right when retaken ib 212 Whether that right extends to their proper...
395
Inhabitants
396
Right of postliminium for what is restored at the peace
397
and for things ceded to the enemy ib 216 The right of postliminium does not exist after a peace ib 217 Why always in force for prisoners ib 218 Th...
398
CHAP XV
399
Clauses contained in them
413
another
420
Prisoner retaken before he has paid his former ransom ib 284 Prisoner rescued before he has received his liberty ib 285 Whether the things which a ...
421
Popular commotion insurrection sedition ib 290 How the sovereign is to suppress them ib 291 He is bound to perform the promises he has made to t...
423
Civil war
424
A civil war produces two independent parties
425
They are to observe the common laws of war ib 295 The effects of civil war distinguished according to cases
426
Conduct to be pursued by foreign nations
427
OF THE RESTORATION OF PEACE AND OF EMBASSIES
428
How the sovereign may in a treaty dispose of what con
435
Time of the execution
441
The treaty of peace binds the nation and successors 444
445
Unsurmountable impediments
451
Authority of the body politic over the members
452
Sect Page 64 What is allowable in that respect in time of war
455
The minister of a friendly power is to be received
456
Admission of an enemys ministers
457
CHAP VI
458
Ambassadors ib 72 Envoys
459
Residents ib 74 Ministers ib 75 Consuls agents deputies commissioners c
461
Honours due to ambassadors
462
CHAP VII
463
Their persons sacred and inviolable ib 82 Particular protection due to them
465
When it commences
466
Ambassadors going to an enemys country
467
Embassies between enemies ib 87 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
Independence of foreign ministers ib 93 How the foreign minister is to behave
472
How he may be punished for ordinary transgressions
474
Right of repressing him by force if he behaves as an enemy
476
Ambassador forming dangerous plots and conspiracies ib 99 What may be done to him according to the exigency of the case
477
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
nor to immoveable property which he possesses

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Common terms and phrases

absolute advantage affairs alliance ally archbishopric of Sens arms authority belongs BOOK bound cause CHAP Chitty's Commercial Law Cicero citizens civil commerce common conduct consent consequence considered contracting contrary court crown declared depend deprive disputes duke of Austria duty enemy engagements England equally established favour foreign France give grant Grotius happiness honour human individuals injury intrusted judge justice king king of France law of nations law of nature laws of war liberty mankind manner maxims ment natural law necessary necessity neutral country obliged observed occasion particular party perfect person political pope possession postliminium Prelim present preserve prince principles procure promise proper Puffendorf punishment reason refuse regulations reign religion render respect Romans rule safety shew society sove sovereign sovereignty spect thing tion trade United Provinces unjust usucaption violation virtue welfare wise

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
EditorJoseph Chitty
Edition4
PublisherP.H. Nicklin & T. Johnson, 1835
Original fromthe University of Michigan
Digitized13 Feb 2013
Length500 pages
  
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