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 - 656ÆäÀÌÁö

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to take care that there be a sufficient number of workmen
73
to prevent the emigration of those that are useful
74
Neutral things found with an enemy
75
Emissaries who entice them away 34
76
CHAP IV
78
He is solely established for the safety and advantage of society 13
80
Cultivation of the soil a natural obligation
81
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
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
Every true sovereignty is unalienable 31
98
or who are in an offensive alliance with him 329
99
Another case
100
CHAP VII
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
Their rights in that respect 46
109
155
115
CHAP XI
119
A nation is bound to labour after her own happiness 47
120
Arts and sciences ib 114 Freedom of philosophical discussion 49
121
Love of virtue and abhorrence of vice to be excited 51
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
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
66
138
A particular case in which quarter may be refused
141
Sect
143
Sect Page 24 Right of trading belonging to nations
144
72
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
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
Right of other nations in that respect ib 44 Their duty ib 45 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
171
155
A nation is bound to make justice flourish
157
tect the citizens
161
He must not suffer his subjects to offend other nations or their citizens
162
Sect Page
163
The ordinary courts should determine causes relating to the revenue
164
Criminal laws
170
General idea of the conduct a state ought to observe towards foreigners
171
Sect Page 173 Obligation to preserve equality in treaties 199
175
An alliance with diminution of sovereignty may annul preceding
176
How we are to act towards foreigners who desire a perpetual residence
185
Right accruing from a general permission ib 138 A right granted as a favour
186
Preservation and repairs of common possessions
191
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
Of no validity in neutral nations il
210
What is our country
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
Duties of a nation for the preservation of others ib 5 She is bound to assist a nation afflicted with famine or any other calamity 136
215
She is bound to contribute to the perfection of other states ib 7 but not by force 137
216
Children born in the armies of the state or in the house of its minister
217
They are free even by escaping into a neutral country
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
Cases in which a citizen has a right to quit his country
223
Subjects cannot commit hostilities without the sovereigns order 399
224
Source of the necessity of such an order
225
Why the law of nations should have adopted this rule
226
Precise meaning of the order 400
228
The exile and the banished man have a right to live somewhere
229
Aggregate wealth of a nation and its divisions
235
CHAP IV
237
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
CHAP VI
245
Who is the judge of their disputes
247
CHAP VII
248
General effects of the domain 164
249
A consequence of that principle ib 83 Connection of the domain of the nation with the sovereignty ib 84 Jurisdiction 166
251
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
Their duties
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
Interpretation of ancient treaties ib 271 The terms are to be explained conformably to common usage
271
First rule in cases of collision ib 313 Second rule ib 314 Third rule ib 315 Fourth rule
272
Fifth rule ib 317 Sixth rule
273
Quibbles on words 249
274
Increase of a lake
275
Interpretation of technical terms
276
Safe conduct with the clause for such time as we shall think fit
277
Terms whose signification admits of degrees 250
278
Equivocal expressions
279
Sect Page
280
Nobody has a right to appropriate to himself the use of the open
281
Definition of usucaption and prescription 187
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
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
Treaties relative to
306
CHAP XIII
309
How nations may abandon their rights and just complaints
325
How reparation of an injury is to be sought
338
What is required to render them lawful 284
344
CHAP XVIII
375
amicable accommodation 276
377
Arbitration 277
378
BOOK III
391
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
Foundation of the sovereigns rights against the rebels
421
Who are rebels
422
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
Defensive and offensive alliances
428
How the sovereign may in a treaty dispose of what concerns individuals
435
How levies may be allowed money lent and every kind of things sold without a breach of neutrality
440
Trade of neutral nations with those which are at war 335
443
Whether such goods may be confiscated 337
445
Fugitives and deserters
459
Exchange and ransom of prisoners
465
Tenderness for the person of a king who is in arms against
471
How the foreign minister is to behave
472
Sect Page
475
Right of ordering away an ambassador who is guilty or justly suspected ib 97 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
478
Ambassador attempting against the sovereigns life
479
Two remarkable instances respecting the immunities of public ministers
480
CHAP X
481
Agreement of nations concerning the privileges of ambassadors
482
Clandestine seduction of the enemys people 376
488
Nations not rigidly to enforce the law of nature against each other 381
494
posal
501
The state has no right over the person of a foreigner
538
Civil war 424
542
BOOK IV
546
Obligation of cultivating it 430
547
Disturbers of the public peace 431
548
Allies included in the treaty of peace
554
Amnesty
560
Of the several Orders of Public Ministersof 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
faction
584
Right of pardoning
585
Free exercise of religion 483
604
109
608
CHAP VIII
610
How he may voluntarily subject himself to it 489
614
The nation may grant him the use and property of her common pos
615
CHAP IX
616
Right of asylum 495
618
Exemption of an ambassadors carriages 496
620
Difference between warlike alliances and defensive treaties
625
Conferences and congresses 278
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...
Monopolies and trading companies with exclusive privileges 42
Auxiliary troops
Who are the heirs of a foreigner
and to preserve her members ib 18 A nation has a right to every thing necessary for her preservation 6
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...
What are the rights of which men cannot be deprived
Things not mentioned in the treaty
Usucaption and prescription derived from the law of nature ib 142 What foundation is required for ordinary prescription 189
Utility of highways canals c 43
Duties and rights of the sovereign with respect to religion 58
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
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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542 ÆäÀÌÁö - 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 ÆäÀÌÁö - 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 ÆäÀÌÁö - 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 ÆäÀÌÁö - 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 ÆäÀÌÁö - 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 ÆäÀÌÁö - 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 ÆäÀÌÁö - 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 ÆäÀÌÁö - 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 ÆäÀÌÁö - 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 ÆäÀÌÁö - 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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