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 - 656페이지

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Neutral things found with an enemy
75
Lands possessed by foreigners in an enemys country il
77
Of the legislative power and whether it can alter the constitution
78
Utility of domestic trade
84
Alliances made with a nation actually engaged in
85
Sect Page 85 Ambassadors going to an enemys country 467
86
Heralds trumpeters and drummers 468
88
Prohibition of foreign merchandises
90
Sect
96
Import duties
113
Sect Page 252 Preservation and repairs of common possessions
115
Duty and right of the sovereign in that respect ib 254 Private property ib 255 The sovereign may subject it to regulations of police ib 256 Inheritances
116
171
118
Education of youth
119
That state may refuse it from fear of the resentment of the opposite
128
Securities may be required
133
Conduct to be pursued by troops passing through a neutral country
134
The nation ought to be courteous
139
an enemy not to be killed after ceasing to resist
140
Rule to be observed with respect to ecclesiastics
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
CHAP III
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
Right of other nations in that respect ib 44 Their duty ib 45 How titles and honours may be secured
153
It is a moral person
154
CHAP XIII
157
His duty to appoint upright and enlightened judges
163
Waste and destruction
166
foundation of the right of punishing
169
General idea of the conduct a state ought to observe towards foreigners
171
General rule of moderation respecting the evil which may be done to an enemy
172
CHAP IV
173
Duel or single combat
175
Faith to be sacred between enemies 371
176
Lies
177
Of the Right to Security and the Effects of the Sovereignty and Independence of Nations
180
Sect
182
Duty of the prince
188
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
To whom the conquest belongs 391
203
Definition of the right of postliminium 392
205
The nation may hence discover the intention of her rulers
206
How it takes effect 393
207
CHAP XVI
209
Of no validity in neutral nations il
210
What is our country
211
Whether that right extends to their property alienated by the enemy 395
213
Right of postliminium for what is restored at the peace 397
215
The right of postliminium does not exist after a peace
216
Why always in force for prisoners
217
What is sacred among nations
218
How the rights and obligations of prisoners subsist 398
220
Marriage
221
Regulations established by treaty or custom respecting postliminium ib CHAP XV
222
This abuse authorized by princes
224
Source of the necessity of such an order
225
Why the law of nations should have adopted this rule
226
Protection sought by a Nation and her voluntary submission to a Foreign Power
230
Truce and suspension of arms 404
234
A truce is either partial or general
235
We ought
236
Right to security 154
237
By whom those agreements may be concluded 405
239
It produces the right of resistance ib 51 and that of obtaining reparation 155
240
Right of opposing the interference of foreign powers in the affairs of government 157
241
They ought not to make their escape ib 255 Whether a hostage who dies is to be replaced
242
Violation of the truce 407
243
Time of the truce
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
Second rulenot to take advantage of the truce in doing what hos tilities would have prevented 409
246
for instance continuing the works of a siege or repairing breaches
247
or introducing succours
248
Distinction of a particular case 410
250
Third ruleNothing to be attempted in contested places but every thing to be left as it was 411
251
Places quitted or neglected by the enemy
252
CHAP IV
253
much less to be solicited to treason
254
Persons or effects of enemies not to be seized during the truce
255
Substitute for a hostage
256
Hostage succeeding to the crown
257
The nation may alienate her public property 116
258
The violation of the treaty is an injury done to the hostages
259
Duties of the prince 117
260
The nation may give him a right to do it
261
Rules on that subject with respect to treaties between nation and nation
262
Necessity of establishing rules of interpretation 244
263
Alienation of a part of the state 118
264
Third general maximneither of the contracting parties has a right to interpret the treaty according to his own fancy ib true
265
A river that separates two territories
266
We ought to attend rather to the words of the person promising than to those of the party stipulating
267
Bed of a river which is dried up or takes another course 121
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
The nation or public person bound to perfect her understanding and will 52
271
or generally prejudicial to the rights of others
272
Rules relative to interfering rights
273
Quibbles on words 249
274
Lakes 123
275
Interpretation of technical terms
276
Land formed on the banks of a lake 125
277
Jurisdiction over lakes and rivers ib CHAP XXIII
278
Equivocal expressions
279
The sea and its use 125
280
Nobody has a right to appropriate to himself the use of the open sea
281
A nation attempting to exclude another does her an injury 126
283
Civil
292
A civil war produces two independent parties
293
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
179
299
Treaties relative war 323
306
12
322
How nations may abandon their rights and just complaints
325
Means suggested by the law of nature for terminating their disputes
326
160
330
Of Securities given for the Observance of Treaties
332
421
338
Various modes of punishing without having recourse to arms 283
341
Reprisals against a nation for actions of her subjects and in favour
347
Just reprisals do not afford a just cause for
353
Whether an enemy may lawfully be assassinated or poisoned
358
Stratagems and artifices in war
373
Spies
375
Clandestine seduction of the enemys people
376
amicable accommodation 276
377
Compromise ib 328 Mediation ib 329 Arbitration 277
378
Great guilt of the sovereign who undertakes it ib 185 His obligations
379
BOOK III
380
How inequality of treaties and alliances may be conformable to
392
He is solely established for the safety and advantage of society 13
395
Precise meaning of the order
400
Clauses contained in them
413
Observance of capitulations and its utility
414
Love for their country
417
Of the Voluntary Law of Nations as it regards the Effects of Regular Warfare independently of the Justice of the Cause
424
Defensive and offensive alliances
428
How the right of the nation protected is lost by her silence
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
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
438
Amnesty
439
He is intrusted with the obligations of the nation and invested with
440
Publication of the peace ib 26 Time of the execution
441
Cessation of contributions
442
Products of the thing restored or ceded ib 31 In what condition things are to be restored ib 32 The interpretation of a treaty of peace is to be against t...
443
Names of ceded countries ib 34 Restoration not to be understood of those who have voluntarily given themselves up
444
It is to be faithfully observed ib 37 The plea of fear or force does not dispense with the observance
445
How many ways a treaty of peace may be broken
446
120
447
Origin of the several orders of public ministers
459
Whether poisoned weapons may be used in
469
Everything which has the appearance of insult to them must be avoided ib 91 By and to whom they may be sent
470
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
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
A minister whose character is not public ib 108 A sovereign in a foreign country
486
Deputies to the states
487
The ambassador is exempt from the civil jurisdiction of the country where he resides
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
CHAP XVII
506
Inequality imposed by way of punishment
509
187
532
ib
539
423
540
424
541
425
542
426
543
427
544
BOOK IV
546
author 254
555
by a conduct contrary to the nature of every treaty of peace ib 40 To take up arms for a fresh cause is no breach of the treaty of peace
564
Justifiable selfdefence is no breach of the treaty 448
566
His duty with respect to the preservation and perfection of the nation
571
Interpretation founded on the connection of the discourse ib 286 Interpretation drawn from the connection and relation of the things themselves 255
575
8
578
Envoys 460
579
Residents ib 74 Ministers ib 75 Consuls agents deputies commissioners c 461
581
CHAP VII
583
What is withheld from him in order to oblige him to give just satis
585
Valour
590
29
592
Respect due to public ministers 464
604
Of the Constitution of a State and the Duties and Rights of a Nation
605
The exemption cannot extend to effects belonging to any trade the minister may carry on 492
614
CHAP IX
616
Right of asylum 495
618
Exemption of an ambassadors carriages 496
620
30
625
Conferences and congresses 278
626
General obligation of nations to carry on mutual commerce
627
Whether it be lawful to take possession of part of a country inhabited
629
Other military virtues
633
Their persons sacred and inviolable ib 82 Particular protection due to them 465
133
Difference between warlike alliances and defensive treaties 324
31
Causes of rupture on account of allies 449
Objects of his care and the means he ought to employ
When it commences 466
Of the public authority
How presumption ought to be founded in doubtful cases
Interpretation founded on the reason of the deed 256
Ways of maintaining
What may be undertaken by private persons presuming on the sovereigns will ib 229 Privateers ib 230 Volunteers 401

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542 페이지 - 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.
505 페이지 - 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.
59 페이지 - 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...
343 페이지 - 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.
542 페이지 - 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!
246 페이지 - 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.
384 페이지 - 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.
188 페이지 - 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.
545 페이지 - 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.
356 페이지 - Vattel's first general maxim of interpretation is that " it is not allowable to interpret what has no need of interpretation...

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