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

¾ÕÇ¥Áö
T. & J.W. Johnson, 1852 - 656ÆäÀÌÁö

µµ¼­ º»¹®¿¡¼­

¼±ÅÃµÈ ÆäÀÌÁö

¸ñÂ÷

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
Things due to the enemy by a third party
77
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
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
Every true sovereignty is unalienable 31
98
Another case ib 99 How a defensive alliance associates with the enemy
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
Their rights in that respect 46
109
Sect Page 252 Preservation and repairs of common possessions
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
What is included in the grant of passage
130
when there is as yet no established religion 57
131
Sect Page 133 Securities may be required 184
134
Residence in the country
135
General principle of the rights against an enemy in a just
136
How we are to act towards foreigners who desire a perpetual residence 185
137
A right granted as a favour 186
139
Definition of usucaption and prescription 187
141
Reprisals
142
Sect
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
Riches
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
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
He must not suffer his subjects to offend other nations or their citizens
162
The acts of individuals not imputable to the nation ib 74 unless she approve or ratify them ib 75 Conduct to be pursued by the offended party ib 76 ...
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
distribution of employments and rewards
168
General division of treatiesthose that relate to things already due by the law of nature
169
General idea of the conduct a state ought to observe towards foreigners
171
equal treaties
172
Internal police
174
Sect Page 173 Obligation to preserve equality in treaties 199
175
An alliance with diminution of sovereignty may annul preceding
176
Public revenues and taxes
183
Example of the Swiss
189
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 Inheritance...
192
CHAP XXI
193
Sect Page 193 War a mode of acquisition 384
194
Right of the citizens when the nation submits to a foreign power
195
Rules of the voluntary law of nations 385
196
Acquisition of immovables or conquest 386
199
Difference between the present case and those in the preceding chapter 96
201
treaties
202
We ought as much as possible to avoid making unequal alliances
203
How inequality of treaties and alliances may be conformable to the law of nature
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
How a nation acquires the property of a desert country
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
BOOK II
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
Subjects cannot commit hostilities without the sovereigns order 399
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
Duty of nations towards them ib 230 Nature of that right
230
Precaution to be taken in wording treaties
231
A nation cannot punish them for faults committed out of her territories 109
233
Faith tacitly pledged
234
What the Romans called res communes 109
235
Two modes of acquiring public property 110
237
The nation may grant him the use and property of her common pos posal
238
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
Effects of the Jurisdiction in foreign countries ib 86 Desert and uncultivated places 167
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
265
Their duties
266
114
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
Consequence of a river changing its bed 122
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
We ought to reject every interpretation which leads to an absurdity
282
A nation attempting to exclude another does her an injury 126
283
She may acquire an exclusive right by treaties
284
Interpretation founded on the connection of the discourse
285
but not by prescription and long use 127
286
The sea near the coasts may become property
287
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 war 323 2222222
306
CHAP XIII
309
CHAP XIV
314
How nations may abandon their rights and just complaints
325
CHAP XVI
332
It gives the guarantee no right to interfere unasked in the execution of a treaty 236
342
but not in favour of foreigners
348
Faith to be sacred between enemies
371
CHAP XVIII
375
amicable accommodation 276
377
Compromise ib 328 Mediation ib 329 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
Difference between warlike alliances and defensive treaties 324
429
How the sovereign may in a treaty dispose of what concerns individuals
435
Subsidies
436
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
441
Contraband goods 336
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
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 state has no right over the person of a foreigner
538
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
554
Amnesty
560
Of the several Orders of Public Ministersof the Representative Character
577
faction
584
Ministers
585
Free exercise of religion 483
604
109
608
CHAP VIII
610
minister may carry on 492
614
The exemption cannot extend to effects belonging to any trade the 115 nor to immovable property which he possesses in the country 493
616
Right of asylum 495
618
Exemption of an ambassadors carriages 496
620
Conferences and congresses 278
626
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...
627
Monopolies and trading companies with exclusive privileges 42
628
Colonies
629
When a nation is authorized to assist another 84 and to make alliances for
631
Who are the heirs of a foreigner
632
and to preserve her members ib 18 A nation has a right to every thing necessary for her preservation 6
633
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...
635
Consuls agents deputies commissioners
636
A nation ought to know herself 8
637
Duty of a prince who is empowered to nominate his successor 32
638
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...
640
What are the rights of which men cannot be deprived
Things not mentioned in the treaty
Utility of highways canals c 43
Duties and rights of the sovereign with respect to religion 58
Of the public authority 8
Expiration of alliances made for a limited time 213
themselves 255
Second rulenot to take advantage of the truce in doing what hos
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

±âŸ ÃâÆǺ» - ¸ðµÎ º¸±â

ÀÚÁÖ ³ª¿À´Â ´Ü¾î ¹× ±¸¹®

Àαâ Àο뱸

540 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.
503 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.
57 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...
341 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.
540 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!
244 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.
382 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.
186 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.
543 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.
354 ÆäÀÌÁö - Vattel's first general maxim of interpretation is that " it is not allowable to interpret what has no need of interpretation...

µµ¼­ ¹®ÇåÁ¤º¸