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

Emer de Vattel

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

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PRELIMINARIES Idea and general Principles of the Law of Nations	liv

Sect Page 1 WHAT is meant by a nation or state	lv

It is a moral person ib 3 Definition of the law of nations ib 4 In what light nations or states are to be considered	lvi

To what laws nations are subject ib 6 In what the law of nations originally consists ib 7 Definition of the necessary law of nations	lix

10 Society established by nature between all mankind	lxi

General obligation imposed by it ib 14 Explanation of this observation ib 15 The second general law is the liberty and independence of nations	lxii

Equality of nations	lxiii

Foundation of the voluntary law of nations ib 22 Right of nations against the infractors of the law of nations	lxiv

Fifth general maximthe interpretation ought to be made according to certain rules	246

What right we have over hostages	247

When they are to be sent back	248

Whether they may be detained on any other account	249

A rule on that subject ib 275 Mental reservations ib 276 Interpretation of technical terms ib 277 Terms whose signification admits of degrees	250

Equivocal expressions ib 280 The rule for these two cases	251

Not necessary to give a term the same sense every where in the same deed	254

Sect Page 286 Interpretation drawn from the connection and relation of the things themselves	255

Measure of that right ib 24 Conventional law of nations or law of treaties	lxv

Customary law of nations ib 26 General rule respecting that law ib 27 Positive law of nations	lxvi

BOOK I	lxviii

What are sovereign states	1

Authority of the body politic over the members ib 3 Of the several kinds of government	2

CHAP II	3

A nation ought to act agreeably to her nature	4

Preservation and perfection of a nation ib 15 End of civil society	5

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

Sect Page	13

Arbitration between the king and his subjects	20

The order of succession ought commonly to be observed	26

Sect	27

Sect Page	28

ciety 13	31

Of the Cultivation of the Soil	32

for the distribution 77 Utility of Agriculture of land	33

Sect Page	34

for the protection of husbandmen	35

Obligation to cultivate domestic trade ib 87 Obligation to carry on foreign trade	37

Prohibition of foreign merchandises	39

How a nation acquires a perfect right to a foreign trade	40

Simple permission to carry on trade ib 95 Whether commercial rights be subject to prescription ib 96 Imprescriptibility of rights founded on treaty	41

Monopolies and trading companies with exclusive privileges	42

Balance of trade and attention of government in that respect	43

Duty of government in that respect ib 102 Its rights in that respect	44

CHAP X	45

Duty of the nation or prince with respect to the coin ib 107 Their rights in that respect	46

How one nation may injure another in the article of coin	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	63

149	68

Sect	69

Right of all nations against one that openly despises justice	70

to prevent the emigration of those that are useful	74

156	76

Another case in which the nation is guilty of the crimes	78

Sect Page 83 When a nation is authorized to assist another	83

Jurisdiction	84

Alliances made with a nation actually engaged in war 325	86

To refuse succours for an unjust war is no breach of alli ance 326	87

What the casus f�deris is	88

It never takes place in an unjust war	89

Of the Glory of a Nation	90

and in a treaty of a guaranty	91

The succour is not due under an inability to furnish it or when the public safety would be exposed	92

two of the parties in an alliance coming to	93

Difference between the present case and those in the pre	96

Sect Page 99 General idea of the conduct a state ought to observe	99

Sect Page 217 Children born in the armies of the state or in the house of its minister at a foreign court	101

Agreement of nations concerning the privileges of ambas	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

The exile and the banished man have a right to live some where	108

Exchange and commercial laws	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

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

Duties of the prince	116

272	122

Sect Page 125 Whether always necessary to give every kind of security required	125

Equality to be observed towards both parties as to the pas sage 343	126

No complaint lies against a neutral state for granting a passage	127

That state may refuse it from fear of the resentment of the opposite party	128

and lest her country should become the theatre of war	129

What is included in the grant of passage 344	131

OF A NATION CONSIDERED IN HER RELATION TO OTHER STATES	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

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

Prescription founded on the actions of the proprietor	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

Right of other nations in that respect	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

Nullity of treaties made for an unjust or dishonest purpose 195	162

Obligation to observe treaties	163

Booty	164

The violation of a treaty is an act of injustice 196	165

How treaties may be concluded with several nations with the same view 197	166

The more ancient ally entitled to a preference	167

We owe no assistance in an unjust war	168

those that relate to things already due by the law of nature	169

Collision of those treaties with the duties we owe to our selves 198	170

wards foreigners	171

Execution of the laws	172

Foreigners are subject to the laws ib 102 and punishable according to the laws ib 103 Who is the judge of their disputes	173

nor over his property	173

Internal police	174

The sovereign may subject it to regulations of police ib 256 Inheritances 116	175

Will of a foreigner ib 112 Escheatage	176

Immoveable property possessed by an alien ib 115 Marriages of aliens ib CHAP IX	177

What are the rights of which men cannot be deprived	178

Right of procuring provisions by force	179

Valour	180

and of procuring necessaries ib 125 Right of dwelling in a foreign country ib 126 Things of which the use is inexhaustible	181

Exercise of that right between nations ib CHAP X	182

General duty of the proprietor	183

Innocent passage ib 133 Securities may be required	184

Passage of merchandise ib 135 Residence in the country ib 136 How are we to act towards foreigners who desire a perpet ual residence	185

Obligation to preserve equality in treaties	199

Difference between equal treaties and equal alliances	200

Unequal treaties and unequal alliances ib 176 An alliance with diminution of sovereignty may annul pre ceding treaties	202

How inequality of treaties and alliances may be conform	204

Another manner of acquiring the empire in a free country	206

The personal alliance expires if one of the parties ceases	211

What is our country 101	212

CHAP XIV	219

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

The sovereigns faith engaged in them	238

Treaties with surety	240

Pawns securities and mortgages	241

A nations right over what she holds as a pledge	242

Substitute for a hostage ib 257 Hostage succeeding to the crown ib 258 The liability of the hostage ends with the treaty ib 259 The violation of the tr...	243

How she is obliged to restore it	244

Hostages	245

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 laws or promises	258

Restrictive interpretation	259

How a change happening in the state of things may form an exception	261

Interpretation of a deed in unforeseen cases	262

the con trary is odious	265

the contrary is favourable	266

Things of a mixed nature	267

Extent of the promised security	268

Examples	269

How we ought to interpret deeds of pure liberality	270

Collision of laws or treaties	271

Second rule ib 314 Third rule ib 315 Fourth rule	272

Fifth rule ic	273

Seventh rule ib 319 Eighth rule	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

She even does an injury to all nations	283

or which renders the act null and void of effect 253	284

Interpretation founded on the connection of the discourse	285

but 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

How far that possession may extend	289

CHAP I	290

It belongs only to the sovereign power	292

Sect Page 6 Instruments of war	293

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 38 in 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

Behaviour allowable towards a neighbour preparing for war	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

Publication of the war and manifestoes ib 65 Decorum and moderation to be observed in the manifestoes	319

Ninth rule	320

Tenth rule	321

General remark on the manner of observing all the pre ceding rules ib CHAP XVIII	322

General direction on this subject 274	324

How nations may abandon their rights and just complaints	325

rupture	328

Refusal of the succours due in virtue of an alliance ib 95 The enemys associates	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

CHAP VII	332

Conduct to be pursued by a neutral nation ib 105 An ally may furnish the succour due from him and remain neuter	333

Right of remaining neuter ib 107 Treaties of neutrality ib 108 Additional reason for making those treaties	334

Trade of neutral nations with those which are at war	335

Contraband goods	337

Searching neutral ships	339

Enemys property on board a neutral ship ib 116 Neutral property on board an enemys ship ib 117 Trade with a beseiged town ib 118 Impartial offic...	340

Passage of troops through a neutral country ib 120 Passage to be asked ib 121 It may be refused for good reasons	341

The fear of danger authorizes a refusal	342

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

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

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

Sect Page 189 Why they are bound to admit the voluntary law of nations	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

Inhabitants 102	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

Whether a nation that has been entirely subdued can enjoy the right of postliminium	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 The...	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 p...	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 CHAP I	430

Obligation of cultivating it 430 ib 3 The sovereigns obligation in that respect 4 Extent of that duty ib 5 Disturbers of the public peace	431

How far war may be continued ib 7 Peace the end of war	432

CHAP II	433

How the sovereign may in a treaty dispose of what con cerns 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

Allies included in the treaty of peace ib 16 Associates to treat each for himself	437

Mediation ib 18 On what footing peace may be concluded ib 19 General effect of the treaty of peace	439

Things not included in the compromise or amnesty ib 23 Former treaties mentioned or confirmed in the new are a part of it	440

Publication of the peace ib 26 Time of the execution	441

Cessation of contributions ib 30 Products of the thing restored or ceded	442

In what condition things are to be restored ib 32 The interpretation of a treaty of peace is to be against the superior party	443

It is to be faithfully observed	445

Unsurmountable impediments	451

Promises made to the enemy by individuals	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	469

By and to whom they may be sent	471

Independence of foreign ministers ib 93 How the foreign minister is to behave	472

How he may be punished for ordinary transgressions	475

for faults committed against the prince ib 96 Right of ordering away an ambassador who is guilty or justly suspected ib 97 Right of repressing him b...	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

Free exercise of religion	483

A minister who is a subject of the state where he is	489

Right of asylum	495

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Common terms and phrases

absolute advantage affairs alliance archbishopric of Sens belongs BOOK bound CHAP Chitty's Commercial Law Cicero citizens civil society commerce common consent consequence considered contracting court crown declared depend derived domain duke of Austria duties emperor empire end of civil endeavour enemy engagements England established favour foreign France fundamental laws give glory grant Grotius happiness honour human independent individuals injury intrusted judge justice king king of France labour land law of nations law of nature liberty mankind manner maxims ment natural law necessary necessity Neufchatel obliged observed particular party perfect person pope Prelim present preserve prince principles procure protection Puffendorf punish reason refuse regulations reign religion render republic respect river Romans rule safety shew sove sovereign sovereignty spect sufficient territory thing thinks proper tion trade treaty United Provinces usucaption violation virtue welfare wise

Bibliographic information

Title	The Law of Nations: Or, Principles of the Law of Nature, Applied to the Conduct and Affairs of Nations and Sovereigns
Author	Emer de Vattel
Edition	4
Publisher	P.H. Nicklin & T. Johnson, 1835
Original from	The Ohio State University (MORITZ LAW LIBRARY)
Digitized	24 Jun 2019
Length	500 pages

Export Citation	BiBTeX EndNote RefMan

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