The Law of Nations: Or, Principles of the Law of Nature Applied to the Conduct and Affairs of Nations and Soverigns, With Additional Notes and References

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T. & J.W. Johnson, 1852 - International law - 656 pages
 

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Contents

to prevent the emigration of those that are useful
74
Neutral things found with an enemy ib
75
Emissaries who entice them away 34
76
CHAP IV
78
Treaties relative to war 323
79
He is solely established for the safety and advantage of society 13
80
Cultivation of the soil a natural obligation
81
Subsidies
82
When a nation is authorized to assist another
83
and to make alliances for war
84
Sect Page 85 Alliances made with a nation actually engaged in war 325
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
It never takes place in an unjust war
89
Ministers 23
90
and in a treaty of a guaranty
91
Whether elective kings be real sovereigns 24
92
The order of succession ought commonly to be observed 26
94
How the foreign minister is to behave 472
95
The enemys associates 328
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
or who are in an offensive alliance with him 329
99
CHAP VI
100
Sect Page 211 What is our country
101
Citizens and natives ib 213 Inhabitants
102
Public granaries 36
104
CHAP VIII
105
Utility of domestic trade ib 85 Utility of foreign trade ib 86 Obligation to cultivate domestic trade ib 87 Obligation to carry on foreign trade 38
106
right of purchasing ib 89 Right of selling ib 90 Prohibition of foreign merchandises 39
107
Additional reasons for making those treaties 334
109
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...
110
Contribution 366
115
Second Object of a good Government to procure the true Happiness of
119
A nation is bound to labour after her own happiness 47
120
Arts and sciences ib 114 Freedom of philosophical discussion 49
121
Definition of the term country
122
How shameful and criminal to injure our country 54
124
CHAP XII
127
It ought to be attended with knowledge ib 127 Religion internal and external 56
128
rights and duties of the nation
129
Bays and straits ib 292 Straits in particular
130
when there is as yet no established religion 57
131
No hostility to be committed in a neutral country
132
Foundation of the common and mutual duties of nations
133
Offices of humanity and their foundation
134
Duties and rights of the sovereign with respect to religion 58
135
How the prince is to act when the nation is resolved to change her religion
136
How we are to act towards foreigners who desire a perpetual residence 185
137
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
an enemy not to be killed after ceasing to resist
140
He is bound to prevent the abuse of the established religion 63
141
A particular case in which quarter may be refused 348
142
What foundation is required for ordinary prescription 189
143
Sect Page 24 Right of trading belonging to nations
144
Each nation is sole judge of the propriety of commerce on her own part ib 26 Necessity of commercial treaties
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 pleas...
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
Validity of treaties 194
158
Duty of nations in that respect
159
Nullity of treaties which are pernicious to the state
160
Functions and duties of the prince in that respect
161
The sovereign is bound to avenge the wrongs of the state and to pro 72 He must not suffer his subjects to offend other nations or their citizens
162
Sect Page
163
If he refuses justice he becomes a party in the fault and offence ib 78 Another case in which the nation is guilty of the crimes of the citizens
164
The violation of a treaty is an act of injustice 196
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
CHAP XVII
170
country
171
Entering the territory
172
Right of pardoning
173
Protection due to foreigners ib 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 XXI
193
Sect Page 193 War a mode of acquisition 384
194
Rules of the voluntary law of nations 385
196
Acquisition of immovables or conquest 386
199
Lands of private persons 388
201
treaties
202
We ought as much as possible to avoid making unequal alliances
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
The obligations and rights resulting from a real treaty pass to the successors
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 ib 197 Obligation of a real alliance whe...
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
Whether a person may quit his country
220
He who violates his treaties violates the law of nations
221
How a person may absent himself for a time 105
222
Cases in which a citizen has a right to quit his country
223
CHAP II
224
Emigrants 106
225
This abuse authorized by princes
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
Duty of nations towards them
231
Sect Page 231 What soldiers and subalterns may do 401
232
A nation cannot punish them for faults committed out of her territories 109
233
Faith tacitly pledged ib CHAP XVI
234
What the Romans called res communes 109
235
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
It produces the right of resistance ib 51 and that of obtaining reparation 155
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
Hostages
245
Dominion over public property 113
246
Alienation of the property of a corporation
247
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
CHAP IX
271
The terms are to be explained conformably to common usage 248
272
Fifth rule ib 317 Sixth rule
273
What are the rights of which men cannot be deprived 178
274
Increase of a lake
275
Interpretation of technical terms
276
Exercise of that right between nations ib CHAP X
277
Terms whose signification admits of degrees 250
278
Equivocal expressions
279
Sect Page 333 How we acquire a right of recurring to force in a doubtful case
280
Nobody has a right to appropriate to himself the use of the open
281
We ought to reject every interpretation which leads to an absurdity
282
Prisoner released on condition of procuring the release of another 420
283
or which renders the act null and void of effect 253
284
Interpretation founded on the connection of the discourse
285
Interpretation drawn from the connection and relation of the things
286
Foundation of the sovereigns rights against the rebels 421
289
How the sovereign is to suppress them
290
Treaties of Peace
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
CHAP XIII
309
CHAP XIV
314
How nations may abandon their rights and just complaints
325
Trade of neutral nations with those which are at war
335
What right we have over hostages 239
336
Whether such goods may be confiscated
337
How reparation of an injury is to be sought
338
Retaliation
339
Various modes of punishing without having recourse to arms 283
341
Reprisals
342
What is required to render them lawful 284
344
The state is bound to compensate those who suffer by reprisals 285
346
Reprisals against a nation for actions of her subjects and in favour of the injured subjects
347
but not in favour of foreigners
348
Those who have given cause for reprisals are bound to indemnify those who suffer by them 286
349
What may be deemed a refusal to do justice 287
351
Women children the aged and sick ib 146 Clergy men of letters c
352
Our right against those who oppose reprisals 288
353
How we ought to confine ourselves to reprisals or at length proceed to hostilities
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
Principles of the right over things belonging to the enemy
364
The right of seizing them ib 162 What is taken from the enemy by way of penalty ib 163 What is withheld from him in order to oblige him to give j...
365
Faith to be sacred between enemies
371
amicable accommodation 276
377
Compromise ib 328 Mediation ib 329 Arbitration 277
378
BOOK III
386
CHAP I
392
Public war ib 3 Right of making war
393
CHAP II
394
What war is unjust ib 28 The object of war ib 29 Both justificatory reasons and proper motives requisite in undertaking a war 303
405
Proper motivesvicious motives ib 31 War undertaken upon just grounds but from vicious motives ib 32 Pretexts 304
406
He is bound to perform the promises he has made to the rebels
423
Sect Page 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
Searching neutral ships 339
445
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
Nations not rigidly to enforce the law of nature against each other 381
494
the truce 412
528
Capitulations and by whom they may be concluded ib 262 Clauses contained in them 413
529
CHAP XVII
532
Civil war 424
542
BOOK IV
546
Obligation of cultivating it 430
547
The sovereigns obligation in that respect ib 4 Extent of that duty ib 5 Disturbers of the public peace 431
548
Allies included in the treaty of peace ib 16 Associates to treat each for himself 437
554
Mediation ib 18 On what footing peace may be concluded ib 19 General effect of the treaty of peace 438
556
Amnesty 439
557
When the obligation of the treaty commences 440
558
Cessation of contributions 442
562
The treaty of peace binds the nation and successors 444
564
Justifiable selfdefence is no breach of the treaty 448
566
Of the several Orders of Public Ministers of the Representative Character and of the Honours due to Ministers 69 Origin of the several orders of publi...
577
Representative character ib 71 Ambassadors ib 72 Envoys 460
579
Free exercise of religion 483
604
Whether an ambassador be exempted from all imposts 484
606
CHAP VIII
610
The ambassador is exempt from the civil jurisdiction of the country where he resides 488
611
How he may voluntarily subject himself to it 489
614
CHAP IX
616
Right of asylum 495
618
Exemption of an ambassadors carriages 496
620
Use of common property 114
Monopolies and trading companies with exclusive privileges 42
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...
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...
Residents ib 74 Ministers ib 75 Consuls agents deputies commissioners c 461
A nation ought to know herself 8
Duty of a prince who is empowered to nominate his successor 32
Enemys property on board a neutral ship ib 116 Neutral property on board an enemys ship ib 117 Trade with a besieged town ib 118 Impartial offic...
General duty of the proprietor 183
Causes of rupture on account of allies 449
Utility of highways canals c 43
The sea near the coasts may become property
When it commences 466
Of the public authority 8
Expiration of alliances made for a limited time 213
themselves 255
Obligation of the citizens or subjects ib 9 Enlisting or raising of troops
Alone and of itself it cannot give a right to attack him 308
sovereigns will ib 229 Privateers ib 230 Volunteers 401

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Common terms and phrases

absolute according advantage affairs alliance allow ally ambassador arms authority bassador belongs BOOK bound cause CHAP Cicero citizens civil commerce common conduct consent consequence considered contracting contrary court custom declared depend deprive domain duties 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 воок

Popular passages

Page 542 - breaks the bands of society and government, or at least suspends their force and effect ; it produces in the nation two independent parties, who consider each other as enemies, and acknowledge no common judge. Those two parties, therefore, must necessarily be considered as constituting, at least for a time, two separate bodies, two distinct societies.
Appears in 108 books from 1850-2006
Page 505 - We think the proper character of the transaction was that of hostile seizure, made if not flagrante, yet nondum cessante bello : regard being had both to the time, the place, and the person ; and consequently that the municipal Court had no jurisdiction to adjudge upon the subject : but that if any thing was done amiss, recourse could only be had to the government for redress. We shall therefore recommend it to his Majesty to reverse the judgment.
Appears in 51 books from 1831-1965
Page 59 - Since men are naturally equal, and a perfect equality pre- ? is. Equalvails in their rights and obligations, as equally proceeding 'lt? of nafrom nature — 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...
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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 73 books from 1797-1989
Page 542 - The sovereign, indeed, never fails to bestow the appellation of rebels on all such of his subjects as openly resist him ; but when the latter have acquired sufficient strength to give him effectual opposition, and oblige him to carry on the war against them according to the established rules, he must necessarily submit to the use of the term 'civil war!
Appears in 37 books from 1850-2005
Page 246 - Whoever uses a citizen ill, indirectly offends the state, which is bound to protect this citizen ; and the sovereign of the latter should avenge his wrongs, punish the aggressor, and, if possible, oblige him to make full reparation ; since otherwise the citizen would not obtain the great end of the civil association, which is, safety.
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Page 384 - When a sovereign is not satisfied with the manner in which tortion. hjs subjects are treated by the laws and customs of another nation, he is at liberty to declare that he will treat the subjects of that nation in the same manner as his are treated. This is what is called retortion. There is nothing in this, but what is conformable to justice and sound policy.
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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 545 - They decide their quarrel by arms, as two different nations would do. The obligation to observe the common laws of war towards each other is therefore absolute, — indispensably binding on both parties, and the same which the law of nature imposes on all nations in transactions between state and state.
Appears in 17 books from 1797-2005
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

Bibliographic information

TitleThe Law of Nations: Or, Principles of the Law of Nature Applied to the Conduct and Affairs of Nations and Soverigns, With Additional Notes and References
AuthorsEmer de Vattel, Edward Duncan Ingraham
EditorsJoseph Chitty, Edward Duncan Ingraham
Editionreprint
PublisherT. & J.W. Johnson, 1852
Length656 pages
  
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