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 - 656 sivua
 

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CHAP III
74
Neutral things found with an enemy
75
Lands possessed by foreigners in an enemys country il
77
General effects of the domain
79
Difference between warlike alliances and defensive treaties 324
81
Subsidies
82
When a nation is authorized to assist another
83
and to make alliances for war
84
Effects of the Jurisdiction in foreign countries
85
Sect
86
Heralds trumpeters and drummers 468
88
Sometimes they may be refused admittance 469
89
Every thing which has the appearance of insult to them must be avoided
90
Renunciations 25
92
The order of succession ought commonly to be observed 26
94
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...
95
Sect
96
States called patrimonial 30
97
Every true sovereignty is unalienable 31
98
Sect
100
Two remarkable instances respecting the immunities of public ministers 480
102
Conduct to be pursued by a neutral nation
104
CHAP VIII
105
Whether an ambassador be exempted from all imposts 484
106
Obligation to cultivate domestic trade
107
How levies may be allowed money lent and ever
110
Whether the state is bound to indemnify the subjects for damages
112
Whether commercial rights be subject to prescription
113
Sect Page 252 Preservation and repairs of common possessions
115
CHAP XI
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
Difference of religion does not deprive a prince of his crown
137
Rule to be observed with respect to ecclesiastics
143
CHAP III
150
CHAP XIII
157
His duty to appoint upright and enlightened judges
163
Of the Just Causes of
164
Duty of a prince who is empowered to nominate his successor 32
165
foundation of the right of punishing
169
Demolition of fortresses
170
General idea of the conduct a state ought to observe towards foreigners
171
Duel or single combat
175
An alliance with diminution of sovereignty may annul preceding treaties 202
176
Mutual duties of nations with respect to unequal alliances
178
We ought as much as possible to avoid making unequal alliances 203
179
How inequality of treaties and alliances may be conformable to the law of nature 204
180
Sect
182
Personal and real treaties
183
Naming the contracting parties in the treaty does not render it personal
184
How we are to act towards foreigners who desire a perpetual residence
185
Treaties concluded by kings or other monarchs 206
187
Duty of the prince
188
Treaties made for the good of the kingdom
189
How presumption ought to be founded in doubtful cases 207
191
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
Several kinds of submission
194
Treaties already accomplished on the one part
195
Alliance concluded for the defence of the king and royal family
196
Difference between the present case and those in the preceding chapter 96
201
Right accruing from a general permission
206
How a nation acquires the property of a desert country
207
82
208
What is our country
211
Obligation of a real alliance when the allied king is deposed
212
To what the sovereign is bound
214
They are binding on the nation and on his successors
216
Children born in the armies of the state or in the house of its minister
217
CHAP XV
218
What is sacred among nations
219
The faith of treaties is sacred
220
He who violates his treaties violates the law of nations
221
Cases in which a citizen has a right to quit his country
223
This abuse authorized by princes
226
It gives no preeminence to one treaty above another
227
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
Of the Dignity and Equality of Nations of Titlesand other Marks
231
Truce and suspension of arms
233
Subterfuges in treaties
234
Guaranty
235
Two modes of acquiring public property
236
CHAP IV
237
When the truce begins to be obligatory
239
Treaties with surety
240
Pawns securities and mortgages
241
Sovereign possessing that power
242
How she is obliged to restore it
244
Hostages
245
What right we have over hostages
247
When they are to be sent back
248
Whether they may be detained on any other account
249
345
251
Intercourse allowed during a truce
257
The nation may alienate her public property 116
258
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
Observance of capitulations and its utility
263
Alienation of a part of the state 118
264
A river that separates two territories
266
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
General rule of interpretation
270
Consequence of a river changing its bed 122
271
or generally prejudicial to the rights of others
272
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
Whether the things which a prisoner has found means to conceal belong to him 421
285
but not by prescription and long use 127
286
The sea near the coasts may become property
287
Another reason for appropriating the sea bordering on the coasts
288
Popular commotion insurrection sedition
289
How the sovereign is to suppress them
290
He is bound to perform the promises he has made to the rebels
291
Restrictive interpretation
292
A civil war produces two independent parties
293
A sea inclosed within the territories of a nation
294
The effects of civil war distinguished according to cases
295
Conduct to be pursued by foreign nations
296
Reasons arising from the possibility and not the existence of a thing
298
War never to be undertaken without very cogent reasons
301
Justificatory reasons and motives for making war ib 26 What is in general a just cause of war
302
Whatever renders a deed void is odious
304
CHAP XIII
309
How we ought to interpret deeds of pure liberality
310
Fifth rule
316
General remark on the manner of observing all the preceding rules
322
Sect
333
421
338
Retaliation
339
The state is bound to compensate those who suffer by reprisals 285
346
Our right against those who oppose reprisals
352
Alienation of the property of a corporation
359
OF A NATION CONSIDERED IN HER RELATION TO OTHER STATES
375
Of Safeconducts and Passports and Questions on the Ransom of Prisoners
377
War a mode of acquisition
384
Foundation of the common and mutual duties of nations
385
Acquisition of movable property ib 197 Acquisition of immovables or conquest
386
How to transfer them validly
387
nd to indemnify
388
Conquest of the whole state ib 202 To whom the conquest belongs 203 Whether we are to set at liberty a people whom the enemy had un
391
Definition of the right of postliminium
392
Foundation of that right ib 206 How it takes effect
393
CHAP II
394
Of those who cannot return by the right of postliminium ib 211 They enjoy that right when retaken ib 212 Whether that right extends to their proper...
395
Whether a nation that has been entirely subdued can enjoy the right of postliminium
396
Right of postliminium for what is restored at the peace
397
and for things ceded to the enemy ib 216 The right of postliminium does not exist after a peace ib 217 Why always in force for prisoners ib 218 The...
398
CHAP III
403
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
Pretexts 304
406
425
425
Of the Constitution of a State and the Duties and Rights of a Nation
427
Third Object of a good Governmentto fortify itself against External Attacks
431
Contraband goods
443
Sect
445
CHAP VIII
454
Clergy men of letters
460
WHAT is meant by a nation or state
473
Who is the judge of their disputes
479
CHAP XI
489
How he may voluntarily subject himself to it 112 A minister who is a subject of the state where he is employed
490
Immunity of the minister extends to his property
491
Testament of a prisoner of war
513
CHAP XV
514
Subjects cannot commit hostilities without the sovereigns order 399
515
256
527
Nature of safeconducts and passports
532
BOOK IV
546
Obligation of cultivating
547
The sovereigns obligation in that respect 4 Extent of that duty 5 Disturbers of the public peace
548
492
551
General effect of the treaty of peace 438
556
Amnesty
560
From what authority they emanate
571
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
578
Envoys 460
579
Residents ib 74 Ministers ib 75 Consuls agents deputies commissioners c 461
581
CHAP VII
583
ed to determine
600
Protection due to foreigners
604
488
609
489
610
CHAP XI
612
494
615
CHAP IX
616
Right of asylum
618
Exemption of an ambassadors carriages 120 of his retinue
619
of his wife and family 122 of the secretary of the embassy 123 of the ambassadors couriers and despatches
620
125 When the rights of an ambassador expire 126 Cases when new credentials are necessary 495 496 497 ib ib 498
625
Conferences and congresses
626
Colonies
627
Whether such goods may be confiscated
628
National strength
633
It is a moral person
635
Their persons sacred and inviolable ib 82 Particular protection due to them 465
636
Duties of a nation for the preservation of others
637
The same right with respect to religion
638
Searching neutral ships
2
Definition of usucaption and prescription
Right of necessity
Things not mentioned in the treaty ib 22 Things not included in the compromise or amnesty ib 23 Former treaties mentioned or confirmed in the ne...
Utility of highways canals
26
When it commences 466
Of the public authority
Expiration of alliances made for a limited time 213
Obligation of the citizens or subjects
Alone and of itself it cannot give a right to attack him 308
A prisoner of war not to be put to death 354

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Sivu 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.
Sivu 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.
Sivu 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...
Sivu 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.
Sivu 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!
Sivu 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.
Sivu 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.
Sivu 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.
Sivu 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.
Sivu 356 - 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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