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

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P. H. Nicklin and T. Johnson, 1829 - 560ÆäÀÌÁö

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And to preserve its members ibid 18 A nation has a right to every thing necessary for its preservation
62
Of its right to every thing that may promote it ibid 21 A nation ought to perfect itself and the state ibid 22 And to avoid every thing contrary to its pe...
63
The rights it obtains from these obligations ibid 24 Examples ibid 25 A nation ought to know itself
64
What is the constitution of a state
65
The nation ought to choose the best ibid 29 Of the political fundamental and civil laws ibid 30 Of the support of the constitution and obedience to th...
66
That the right of the succession ought not to
67
The nation ought not to do it without great precaution
68
It is to judge of all disputes relating to the government
69
Of his representative character
71
His rights in this respect ibid 44 He ought to know the nation ibid 45 The extent of his power and sovereign authority
72
He may change the laws not fundamental ibid 48 He ought to maintain and observe those that subsist ibid 49 In what sense he is subject to the laws
73
His person is sacred and inviolable ibid 51 How a nation may curb a tyrant and withdraw itself from his obedience
74
Arbitration between the king and his subjects
76
The obedience which subjects owe to a sovereign
77
In what cases they may resist him ibid 55 Of ministers
79
If elective kings are real sovereigns ibid 58 of states successive and hereditary The origin of the right of succession
80
A nation may change the order of succession ibid 62 Of renunciations
82
The indivisibility of sovereignties ibid 66 Who are to decide the disputes relating to the succes sion to a sovereignty
83
pend on the judgment of a foreign power
85
of states called patrimonial
87
All true sovereignty is unalienable ibid 70 The duty of a prince who nominates his successor
88
He must have at least a tacit ratification
89
To hinder the departure of those that are useful
90
Of the cultivation of the Earth 77 The utility of tillage
91
On the protection of husbandmen ibid 80 The husbandmen ought to be held in esteem ibid 81 The cultivation of the earth a natural obligation
92
Of Commerce 83 Of home and foreign trade
93
The utility of a home trade ibid 85 The utility of foreign trade ibid 86 The obligation to encourage a home trade
94
Of the right of selling
95
Of the prohibition of foreign merchandises ibid 91 The nature of the right of buying
96
How a nation acquires a perfect right to a foreign trade ibid 94 of the simple permission of commerce
97
privileges
99
CHAPTER IXOf the Care of the public Ways of communi cation and the Right of Toll 100 Of the use of highways canals c ibid
100
The duties of the government in this respect ibid 102 Of its rights in this respect
101
The foundation of the right of toll ibid 104 On the abuse of this right ibid CHAPTER X Of Money and Exchange 105 Of the establishment of money
102
The duty of the nation or prince with respect to money ib 107 His rights in this respect
103
Of exchange and the laws of commerce ibid CHAPTER XI The second Object of a good Government is to procure the true Felicity of the Nation 110...
104
Instructions ibid 112 Education of youth
105
Of the arts and sciences ibid 114 Of the liberty of philosophizing
106
They ought to inspire the love of virtue and the
107
horrence of vice
108
understanding and will
109
In particular persons
110
In the nation or state itself and in the sovereign ibid 122 Definition of the term country ibid 123 How shameful and criminal it is to injure our country
111
examples ibid CHAPTER XII Of Piety and Religion 125 Of piety
112
It ought to be attended with knowledge ibid 127 Of religion internal and external ibid 128 Liberty of conscience the right of individuals ibid 129 Th...
114
When there is no established religion ibid
130
When it is established by law 115
132
A particular case excepted ibid
141
Of reprisals ibid
142
Whether a governor of a place can be punished with
143
The rights of a nation with respect to its constitution and government ibid
149
Of unequal treaties and unequal alliances ibid
175
Of Rivers Streams and Lakes 266 Of a river that separates two territories
179
Of the bed of a river which is dried up on its tak ing another course
180
Of the right of alluvion ibid 269 If the alluvion produces any change with respect to the rights on a river
182
Or in general prejudicial to the rights of others ibid 273 The rules in relation to two opposite rights ibid 274 Of lakes
183
Of the increase of a lake ibid 276 Land formed on the banks of a lake
184
Of the jurisdiction over lakes and rivers
185
The nation that attempts to exclude another does it an injury
186
It may acquire an exclusive right by treaties ibid 285 But not by prescription and long use ibid 286 If it be not in virtue of a tacit agreement
187
How far this possession may extend
188
Of banks and ports
189
Of bays and straits ibid 292 Of straits in particular
190
Of the sea enclosed within the territories of a nation ibid 295 of the parts of the sea possessed by a power that are not within his jurisdiction
191
OF A NATION CONSIDERED RELATIVELY TO OTHERS CHAPTER I Of the common Duties of a Nation towards others or of the Offices of Hu...
192
2 Offices of humanity and their foundation
193
General principles of all the mutual duties of nations
194
Duties of a nation for the conservation of others ibid 5 It is to assist a nation under famine or any other ca lamities
195
To contribute to the perfection
196
Of the right of acquiring the offices of humanity
197
Of the mutual love of nations
198
Rule and measure of the offices of humanity
199
Particular limitation with regard to the prince
200
No nation is to hurt others
201
Of offences
202
We should favour trade
203
Of the freedom of trade ibid 24 Of the right of trading belonging to nations ibid 25 Every one is to judge whether it be proper for it to trade
204
Necessity of treaties of commerce ibid 27 General rule concerning these treaties ibid 28 Duty of nations in making these treaties
205
A nation may abridge its commerce in favour of another 206
208
Of their equality
209
In this respect treaties and established customs ought
210
214 Of the right of postliminium of what is restored
214
How it is permitted to enter into the quarrel between
216
Of the Concern a nation may have in the
222
Of deserts and uncultivated places
228
Of entering the territory ibid
234
The state has no right over the person of a stranger
236
to others
244
For instance to continue the works of a siege or re pair breaches 473
247
Of Usucaption and Prescription among Nations
249
The definition of usucaption and prescription ibid 141 That usucaption and prescription are derived from the law of nature
250
What is required to found the ordinary prescription
251
Of prescription immemorial 252
254
Of the right of treaties or of custom in this matter ibid CHAPTER XII Of treaties of alliance and other public treaties 152 The nature of treaties
255
Of pactions agreements or conventions ibid 154 By whom treaties are made ibid 155 If a state under protection may conclude treaties
256
The duty of nations in this respect
257
If it be permitted to enter into an alliance with those who do not profess the true religion
258
The obligation of observing treaties ibid 164 The violation of a treaty is an injury
259
The most ancient ally should be preferred
260
Of treaties that promise merely the doing no injury
261
The obligation of preserving equality in treaties
262
The difference between equal treaties equal alliances
263
In those that are unequal on the most powerful side
267
Of treaties already accomplished on the one part ibid
274
Of terms whose signification admit of degrees ibid
277
Of the alliances of a state that has at length passed
280
Of other public Conventions of those that
281
To what the sovereign is bound
287
Treaties are sacred between nations
293
Of Sureties given for the observation
299
The nation ought to be courteous
303
Of the right founded on custom ibid
308
Of figurative expressions
315
Of equivocal expressions ibid 280 The rule of these two cases ibid 281 There is no necessity of giving a term the same sense in all the places in which...
316
We ought to reject every interpretation that leads to an absurdity
317
And that which renders the act null and without effect
318
Interpretation founded on the reason of the act
320
of the case where many reasons concur to determine the will
321
Of what makes a sufficient reason for an act of the will
322
Of frauds tending to elude the laws or promises
323
Of the restrictive interpretation
324
Or in that which is too severe and burthensome
325
How a change happening in the state of things may form an exception
326
The interpretation of an act in unforeseen cases
327
Of expressions capable of an extensive and confined sense
328
What tends to the common advantage and equality is favourable the contrary is odious
329
What is of use to the human society is favourable the contrary is odious
330
What contains a penalty is odious ibid 304 What renders an act null is odious ibid 305 That which tends to change the present state of things is odiou...
331
Of things mixed ibid 307 Interpretation of things favourable
332
Examples
334
How we ought to interpret acts of pure liberality
335
Of the collision of the laws or treaties
336
Of the means which the law of nature recommends to
341
And even without attempting other measures ibid
347
Of what may pass for a refusal to do justice ibid
350
Subjects stopped by way of reprisals
352
Just reprisals do not afford a just cause for war
354
at length to enter into a war ibid BOOK III
355
Of War and its different Kinds together with the Right of making War 1 Definition of war
356
Belongs only to the sovereign power
357
How their promises bind the sovereign ibid 21 In what cases their promises bind only themselves
366
Of justificatory reasons and motives for making war
367
What is in general a just cause of war ibid 27 What war is unjust
368
Of war when the subject is lawful and the motives faulty
369
Of the pretences
370
How the defensive war is just or unjust
371
How an offensive war is just in an evident cause ibid 38 In a doubtful cause
372
A war undertaken to punish a nation
373
Alone and of itself it cannot give a right
374
Here the appearances of danger give this right ibid 45 Another case more evident
376
Other allowable means of defence against a formida ble power
377
Of political equilibrium ibid 48 Ways of maintaining it
378
Behaviour allowable towards a neighbour preparing for war
379
Of the Declaration of War of war in Form 51 Declaration of war Necessity thereof
381
What it is to contain
382
It is single or conditional ibid 54 The right of war ceases by offer of equitable conditions ibid 55 Formalities of a declaration of war ibid 56 Other rea...
383
Beginning of hostilities
384
Publication of the war and manifestos
385
Decency moderation to be observed in the manifestos ib 66 When war is to be termed lawful and in form
386
It is to be distinguished from a war without form ibid 68 Grounds of this distinction ibid CHAPTER V Of the Enemy things belonging to the enemy ...
387
Enemies continue such in all places
388
Of things due to the enemy by a third person
389
Of defensive and offensive alliances
390
Of auxiliary troops ibid 82 Of subsidies ibid 83 When a nation is allowed to assist another
391
And to make alliances for war ibid 85 Of alliances made with a nation whilst at war ibid 86 Tacit clause in every alliance of war
392
To refuse succours for an unjust war is no breach of 88 What the casus f©«deris is ibid 89 Never takes place in an unjust war ibid 90 How it exists in a...
393
Of a nation refusing succours due in virtue of an alliance 894
395
Or who are in a defensive alliance with him ibid 99 How a defensive alliance associates with the enemy
396
In what case it does not produce the same effect ibid 102 Whether it be necessary to declare war against the enemys associates
397
Of the Neutrality and Passage of Troops through a neutral Country 103 Of neutral nations
398
An ally may furnish the succour due from him and remain neuter
399
Additional reason for making these treaties
400
Impartial duties of neutrals
406
A passage may be refused for a war manifestly unjust
412
death for an obstinate defence
415
Of fugitive deserters
417
Of women children the aged and sick ibid 146 Of the clergy of men of letters c
418
A prisoner of war not to be put to death
419
How prisoners of war are to be used
420
Whether prisoners of war may be made slaves
422
Of the exchange and ransom of prisoners ibid 154 The state is obliged to deliver them
423
Whether an enemy is to be assassinated or poisoned ibid 156 Whether poisoned weapons may be used in war
426
Whether springs may be poisoned
427
Dispositions towards an enemy ibid 159 Of regard towards the person of a king who is our enemy
428
Of the Right of War with regard to Things belonging to the Enemy 160 Principles of right over things belonging to the enemy
429
The right of taking them ibid 162 Of what is taken from the enemy by way of penalty ibid 163 Of detentions for obliging him to give a just satisfacti...
430
Of contributions
431
Of ravaging and burning
432
What things are to be spared
433
Of bombarding towns ibid 170 Demolition of fortresses
434
Of Faith between Enemies Stratagems Artifi ces in War and other Practices 174 Faith to be sacred between enemies
435
What treaties are to be observed among enemies
436
On what occasion they may be broken
437
Of lies ibid 178 Of stratagems and artifices in war
438
Of spies
440
Whether the offers of a traitor may be accepted
441
Whatever is permitted to one is so to the other
447
To whom the conquest belongs
455
the peace
461
Why always in force for prisoners ibid 218 They are free even by escaping into a neutral country
462
Of the Right of Private Persons in War 223 Subjects cannot commit hostilities without the sover eigns order
463
This order may be general or particular ibid 225 Source of the necessity of this order ibid 226 Why the right of nations should have adopted this rule...
464
Of persons fitting out private ships of war
465
Of volunteers ibid 231 What soldiers and subalterns may do ibid 232 Whether a state is to indemnify subjects for damages sustained in war
467
Of a truce and suspension of arms ibid 234 Does not terminate the war
468
By whom these agreements may be concluded ibid 238 The sovereigns faith engaged in them
469
When the truce begins its obligation
470
of the time of the truce
471
Of the effects of a truce what is allowed or not dur ing the continuation 1 Rule Each may do among themselves what it has a right of doing in full pe...
472
Of capitulations and by whom they may be concluded
476
Of promises made to the enemy by individuals
477
Of SafeConducts and Passports with Questions on the Ransom of Prisoners of War 265 Of safeguard and passport
479
From what authority it emanes ibid 267 Is not transferable from one to another ibid 268 Extent of the security ibid 269 How the right given to a safe...
480
of the time of the safeconduct ibid 274 Of a person detained forcibly beyond the term
481
Of conventions relating to the ransom of prisoners ibid 279 The right of requiring a ransom may be transferred
482
Of a prisoner released on condition of procuring the release of another
483
Whether the things which a prisoner has found means to conceal belong to him
484
Foundation of the sovereigns right against the rebels ibid 288 Who are rebels
485
Popular emotion insurrection sedition ibid 290 How the sovereign is to suppress them ibid 291 Is to observe what he has promised to rebels
486
Of a civil war
487
A civil war produces two independent parties ibid 294 They are to observe the common laws of war
488
The effects of civil war distinguished according to the cases
489
Conduct to be observed by foreign nations
490
BOOK IV
491
The sovereigns obligation to it ibid 4 Extent of this duty ibid
492
of the disturbers of public peace
493
How far war may be continued ibid 7 Peace the end of war
494
By whom it may be concluded ibid 11 Of alienations made by a treaty of peace
495
How the sovereign may in a treaty dispose of what concerns individuals
496
Whether a king being a prisoner of war can make peace
497
Whether peace can be made with an usurper
498
Allies included in the treaty of peace ibid 16 Associates each to treat for himself
499
Of mediation ibid 18 On what footing peace is to be concluded ibid 19 General effect of the treaty of peace
500
Of an amnesty
501
Former treaties revived and confirmed in the
502
First by a conduct contrary to the nature of every trea
508
Of the Right of Embassy or of the Right
514
public ministers
515
Of cities having the right of receiving foreign ministers ibid 61 Ministers of viceroys
516
Ministers of the nation or regents during an interregnum ibid 63 Of him who disturbs another in the right of embassy
517
How ministers of an enemy are to be admitted
518
Whether ministers may be received from or sent to an usurper
519
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...
520
Of ambassadors
521
Of residents ibid 74 Of ministers
522
Of consuls agents deputies c ibid 76 Of credentials
523
Of instructions ibid 78 Of the right of sending ambassadors ibid 79 Of the honours due to ambassadors
524
Of the Rights Privileges and Immunities of Ambassadors and other Public Ministers 80 Respect due to public ministers
525
Their person sacred and inviolable
526
Particular protection due to them ibid 83 Of the time when it commences
527
What is due to them in countries thro which they pass ibid 85 Ambassadors going into an enemys country
528
Embassies betwixt enemies
529
Sometimes they may be denied admittance
530
By and to whom they may be sent
531
Independence of foreign ministers ibid 93 How the foreign minister is to behave
533
or justly suspected
536
Of an ambassador forming dangerous plots and con spiracies
537
What is allowable against him according to the exi gencies of the case
538
Of an ambassador who should attempt the princes life
539
Two remarkable instances concerning the immuni ties of public ministers
540
Whether reprisals may be used towards an ambassador
541
Agreement of nations concerning the privileges of ambassadors
542
Of the free exercise of religion
543
Whether an ambassador be exempted for all imposts
544
Of the obligation founded on use and custom
545
Of a minister whose character is not public ibid 108 Of a sovereign in a foreign country
546
Of the disputes of the states
547
Of the Judge of Ambassadors in Civil Cases 110 The ambassador is exempt from the civil jurisdiction of the country where he resides
548
How he may voluntarily subject himself to it
549
Of a minister subject to the state where he is employed
550
How the exemption of the minister extends to his possessions
551
The exemption cannot extend to effects belonging to any trade the minister may carry on
552
Not to immoveables which he possesses in the country
553
How justice may be obtained against an ambassador ibid CHAPTER IX Of the Ambassadors House and Domestics 117 Of the ambassadors house
554
Of the right of asylum
556
Of the ambassadors retinue
557
Of the ambassadors consort and family ibid 122 Of the secretary of the embassy
558
Of the ambassadors couriers and dispatches ibid 124 The ambassadors authority over his retinue ibid 125 When the right of ambassadors ends
559
Of the cases when credential letters are necessary
560

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