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PRELIMINARIES Idea and general Principles of the Law of Nations.
Sect. 1. What is meant by a nation or state,
3. Definition of the law of nations,
4. In what light nations or states are to be considered,
5. To what laws nations are subject,
6. In what the law of nations originally consists,
7. Definition of the necessary law of nations,
9. Nations can make no change in it, nor dispense with the obligations arising from it,
10. Society established by nature between all mankind,
12. The object of this society of nations,
13. General obligation imposed by it,
14. Explanation of this observation,
15. The second general law is the liberty and independence of nations,
17. Distinctions between internal and external, perfect and imperfect obligations and rights,
21. Foundation of the voluntary law of nations,
22. Right of nations against the infractors of the law of nations,
24. Conventional law of nations, or law of treaties,
26. General rule respecting that law,
28. General maxim respecting the use of the necessary and the voluntary law, <xxii>
BOOK I Of Nations considered in themselves.
CHAPTER I Of Nations or Sovereign States.
1. Of the state, and of sovereignty,
2. Authority of the body politic over the members,
3. Of the several kinds of government,
5. States bound by unequal alliance,
6. or by treaties of protection,
9. Two states subject to the same prince,
10. States forming a federal republic,
11. A state that has passed under the dominion of another,
CHAPTER II General Principles of the Duties of a Nation towards herself.>
13. A nation ought to act agreeably to her nature,
14. Preservation and perfection of a nation,
16. A nation is under an obligation to preserve herself,
17. and to preserve her members,
18. A nation has a right to every thing necessary for her preservation,
19. She ought to avoid every thing that might occasion her destruction,
20. Her right to every thing that may promote this end,
21. A nation ought to perfect herself and her condition,
22. and to avoid every thing contrary to her perfection,
23. The rights she derives from these obligations,
25. A nation ought to know herself,
CHAPTER III Of the Constitution of a State, and the Duties and Rights of a Nation in that respect.
27. What is the constitution of a state, <xxiii>
28. The nation ought to choose the best constitution,
29. Political, fundamental, and civil laws,
30. Support of the constitution, and obedience to the laws,
31. Rights of a nation with respect to her constitution and government,
32. She may reform the government,
33. and may alter the constitution,
34. Of the legislative power, and whether it can alter the constitution,
35. The nation ought not to attempt it without great caution,
36. She is the judge of all disputes relative to the government,
37. No foreign power has a right to interfere,
CHAPTER IV Of the Sovereign, his Obligations, and his Rights.
39. He is solely established for the safety and advantage of society,
40. His representative character,
41. He is intrusted with the obligations of the nation, and invested with her rights,
42. His duty with respect to the preservation and perfection of the nation,
43. His rights in that respect,
44. He ought to know the nation,
45. Extent of his power:—prerogatives of majesty,
46. The prince is bound to respect and support the fundamental laws,
47. He may change the laws not fundamental,
48. He is bound to maintain and observe the existing laws,
49. In what sense he is subject to the laws,
50. His person is sacred and inviolable,
51. But the nation may repress a tyrant, and renounce her allegiance to him,
52. Arbitration between the king and his subjects,
53. Obedience which subjects owe to a sovereign,
54. In what cases they may resist him,
CHAPTER V Of States Elective, Successive or Hereditary, and of those called Patrimonial.>
57. Whether elective kings be real sovereigns,
58. Successive and hereditary states:—origin of the right of succession,
59. Other origin of that right, <xxiv>
60. Other sources, which still amount to the same thing,
61. A nation may change the order of the succession,
63. The order of succession ought commonly to be observed,
65. Indivisibility of sovereignties,
66. Who are to decide disputes respecting the succession to a sovereignty,
67. The right of succession not to depend on the judgment of a foreign power,
68. States called patrimonial,
69. Every true sovereignty is unalienable,
70. Duty of a prince who is empowered to nominate his successor,
71. His nomination must be sanctioned by at least the tacit ratification of the people,
72. The object of society points out the duties of the sovereign:—he is bound to procure plenty,
73. to take care that there be a sufficient number of workmen,
74. to prevent the emigration of those that are useful,
75. Emissaries who entice them away,
76. Labour and industry must be encouraged,
CHAPTER VII Of the Cultivation of the Soil.
78. Regulations necessary in that respect:—for the distribution of land,
79. for the protection of husbandmen,
80. Husbandry ought to be placed in an honourable light,
81. Cultivation of the soil a natural obligation,
83. Domestic and foreign trade,
84. Utility of domestic trade,
86. Obligation to cultivate domestic trade, <xxv>
87. Obligation to carry on foreign trade,
88. Foundation of the laws of commerce:—right of purchasing,
90. Prohibition of foreign merchandises,
91. Nature of the right of purchasing,
92. Each nation to determine for herself how she will carry on commerce,
93. How a nation acquires a perfect right to a foreign trade,
94. Simple permission to carry on trade,
95. Whether commercial rights be subject to prescription,
96. Imprescriptibility of rights founded on treaty,
97. Monopolies, and trading companies with exclusive privileges,
98. Balance of trade, and attention of government in that respect,
CHAPTER IX Of the Care of the public Ways; and of Tolls.
100. Utility of highways, canals, &c.
101. Duty of government in that respect,
102. Its rights in that respect,
103. Foundation of the right to demand toll,
CHAPTER X Of Money and Exchange.
106. Duty of the nation or prince with respect to the coin,
107. Their rights in that respect,
108. How one nation may injure another in the article of coin,
109. Exchange, and commercial laws,
CHAPTER XI Second Object of a good Government,—to procure the true Happiness of a Nation.
110. A nation is bound to labour after her own happiness,
114. Freedom of philosophical discussion,
115. Love of virtue, and abhorrence of vice, to be excited,
116. The nation may hence discover the intention of her rulers,
117. The nation, or public person, bound to perfect her understanding and will, <xxvi>
118. and to direct the knowledge and virtues of the citizens to the welfare of the society,
121. in the nation or state itself, and in the sovereign,
122. Definition of the term, “country,”
123. How shameful and criminal to injure our country,
124. The glory of good citizens.—Examples,
CHAPTER XII Of Piety and Religion.
126. It ought to be attended with knowledge,
127. Religion, internal and external,
128. Rights of individuals:—liberty of conscience,
129. Public establishment of religion:—rights and duties of the nation,
130. when there is as yet no established religion,
131. when there is an established religion,
132. Duties and rights of the sovereign with respect to religion,
133. where there is an established religion,
134. Objects of his care, and the means he ought to employ,
136. How the prince is to act when the nation is resolved to change her religion,
137. Difference of religion does not deprive a prince of his crown,
138. Duties and rights of the sovereign reconciled with those of the subjects,
140. He is bound to prevent the abuse of the established religion,
141. His authority over the ministers of religion,
142. Nature of that authority,
143. Rule to be observed with respect to ecclesiastics,
145. Pernicious consequences of the contrary opinion,
146. Abuses particularised.—1. The power of the popes,
147. 2. Important employments conferred by a foreign power,
148. 3. Powerful subjects dependent on a foreign court,
149. 4. Celibacy of the priests:—Convents,
150. 5. Enormous pretensions of the clergy:— Preeminence,
151. 6. Independence, immunities,
152. 7. Immunity of church possessions,
153. 8. Excommunication of men in office,
154. 9. and of sovereigns themselves,
157. 12. Laws and customs inimical to the welfare of states,
CHAPTER XIII Of Justice and Polity.
158. A nation is bound to make justice flourish,
161. Functions and duties of the prince in that respect,
162. How he is to dispense justice,
163. His duty to appoint upright and enlightened judges,
164. The ordinary courts should determine causes relating to the revenue,
165. Necessary to establish supreme courts, from whose sentence there shall be no appeal,
166. The prince bound to observe the forms of justice,
167. to support the authority of the judges, and enforce their decrees,
168. Distributive justice:—distribution of employments and rewards,
169. Punishment of transgressors:—foundation of the right of punishing,
176. Means of putting a stop to that disorder,
CHAPTER XIV Third Object of a good Government,— to fortify itself against external Attacks.
177. A nation ought to fortify herself against external attacks,
183. Public revenues and taxes,
184. The nation ought not to increase her power by unlawful means,
185. Power is but relative, <xxviii>
CHAPTER XV Of the Glory of a Nation.
187. Duty of the nation.—How true glory is acquired,
191. Attacking the glory of a nation is doing her an injury,
CHAPTER XVI Protection sought by a Nation, and her voluntary Submission to a Foreign Power.
193. Voluntary submission of one nation to another,
194. Several kinds of submission,
195. Right of the citizens when the nation submits to a foreign power,
196. These compacts annulled by the failure of protection,
197. or by the infidelity of the party protected,
198. and by the encroachments of the protector,
199. How the right of the nation protected is lost by her silence,
200. Difference between the present case and those in the preceding chapter,
201. Duty of the members of a state, or subjects of a prince, who are in danger,
202. Their right when they are abandoned,
CHAPTER XVIII Establishment of a Nation in a Country.
203. Possession of a country by a nation,
204. Her right over the part in her possession,
205. Acquisition of the sovereignty in a vacant country,
206. Another manner of acquiring the empire in a free country,
207. How a nation acquires the property of a desert country,
208. A question on this subject,
CHAPTER XIX Of our Native Country, and various Matters relating to it.
215. Citizens’ children born in a foreign country,
217. Children born in the armies of the state, or in the house of its minister at a foreign court,
220. Whether a person may quit his country,
221. How a person may absent himself for a time,
222. Variation of the political laws in that respect:—they must be obeyed,
223. Cases in which a citizen has a right to quit his country,
226. If the sovereign infringes their right, he injures them,
229. The exile and the banished man have a right to live somewhere,
231. Duty of nations towards them,
232. A nation cannot punish them for faults committed out of her territories,
233. except such as affect the common safety of mankind,
CHAPTER XX Public, Common, and Private Property.
234. What the Romans called res communes,
235. Aggregate wealth of a nation, and its divisions,
236. Two modes of acquiring public property,
237. The income of the public property is naturally at the sovereign’s disposal,
238. The nation may grant him the use and property of her common possessions,
239. or allow him the domain, and reserve to herself the use of them,
241. The nation may reserve to herself the right of imposing them,
242. Sovereign possessing that power,
243. Duties of the prince with respect to taxes,
244. Eminent domain annexed to the sovereignty, <xxx>
245. Dominion over public property,
246. The sovereign may make laws respecting the use of things possessed in common,
247. Alienation of the property of a corporation,
249. How each member is to enjoy it,
250. Right of anticipation in the use of it,
251. The same right in another case,
252. Preservation and repairs of common possessions,
253. Duty and right of the sovereign in that respect,
255. The sovereign may subject it to regulations of police,
257. The nation may alienate her public property,
258. Duties of the nation in that respect,
260. He cannot alienate the public property,
261. The nation may give him a right to do it,
262. Rules on that subject with respect to treaties between nation and nation,
263. Alienation of a part of the state,
264. Rights of the dismembered party,
265. Whether the prince has power to dismember the state,
CHAPTER XXII Of Rivers, Streams, and Lakes.
266. A river that separates two territories,
267. Bed of a river which is dried up or takes another course,
269. Whether alluvion produces any change in the right to river,
270. Consequence of a river changing its bed,
271. Works tending to turn the current,
272. or generally prejudicial to the rights of others,
273. Rules relative to interfering rights,
276. Land formed on the banks of a lake,
278. Jurisdiction over lakes and rivers,
279. The sea, and its use, <xxxi>
280. Whether the sea can be possessed, and its dominion appropriated,
281. Nobody has a right to appropriate to himself the use of the open sea,
282. A nation attempting to exclude another, does her an injury,
283. She even does an injury to all nations,
284. She may acquire an exclusive right by treaties,
285. but not by prescription and long use,
286. unless by virtue of a tacit agreement,
287. The sea near the coasts may become property,
288. Another reason for appropriating the sea bordering on the coasts,
289. How far that possession may extend,
294. A sea inclosed within the territories of a nation,
295. The parts of the sea possessed by a sovereign are within his jurisdiction,
BOOK II Of a Nation considered in her Relation to other States.
1. Foundation of the common and mutual duties of nations,
2. Offices of humanity, and their foundation,
3. General principle of all the mutual duties of nations,
4. Duties of a nation for the preservation of others,
5. She is bound to assist a nation afflicted with famine or any other calamity,
6. She is bound to contribute to the perfection of other states,
8. The right to require the offices of humanity,
9. The right of judging whether they are to be granted,
10. A nation is not to compel another to perform those offices of which the refusal is no wrong,
12. Each nation is bound to cultivate the friendship of others,
13. to perfect herself with a view to the advantage of others, and to set them good examples,
14. to take care of their glory,
15. Difference of religion ought not to preclude the offices of humanity,
16. Rule and measure of the offices of humanity, <xxxii>
17. Particular limitation with respect to the prince,
18. No nation ought to injure others,
20. Bad custom of the ancients,
CHAPTER II Of the mutual Commerce between Nations.
21. General obligation of nations to carry on mutual commerce,
22. They are bound to favour trade,
24. Right of trading, belonging to nations,
25. Each nation is sole judge of the propriety of commerce on her own part,
26. Necessity of commercial treaties,
27. General rule concerning those treaties,
28. Duty of nations in making such treaties,
29. Perpetual or temporary treaties, or treaties revocable at pleasure,
30. Nothing contrary to the tenor of a treaty can be granted to a third party,
31. How far lawful to give up by treaty the liberty of trading with other nations,
32. A nation may restrict her commerce in favour of another nation,
33. A nation may appropriate to herself a particular branch of trade,
CHAPTER III Of the Dignity and Equality of Nations,— of Titles,—and other Marks of Honour.
35. Dignity of nations or sovereign states,
38. The form of government is foreign to this question,
39. A state ought to retain her rank, notwithstanding any changes in the form of her government,
40. Treaties and established customs are to be observed in this respect,
41. Name and honours given by the nation to her conductor,
42. Whether a sovereign may assume what title and honours he pleases,
43. Right of other nations in that respect,
45. How titles and honours may be secured,
46. We must conform to general custom, <xxxiii>
47. Mutual respect due by sovereigns to each other,
48. How a sovereign ought to maintain his dignity,
CHAPTER IV Of the Right to Security, and the Effects of the Sovereignty and Independence of Nations.
50. It produces the right of resistance,
51. and that of obtaining reparation,
52. and the right of punishing,
53. Right of all nations against a mischievous people,
54. No nation has a right to interfere in the government of another state,
55. One sovereign cannot make himself judge of the conduct of another,
56. How far lawful to interfere in a quarrel between a sovereign and his subjects,
57. Right of opposing the interference of foreign powers in the affairs of government,
58. The same right with respect to religion,
59. No nation can be constrained in religious concerns,
60. Offices of humanity in these matters:—missionaries,
61. Circumspection to be used,
62. What a sovereign may do in favour of those who profess his religion in another state,
CHAPTER V Of the Observance of Justice between Nations.
63. Necessity of the observance of justice in human society,
64. Obligation of all nations to cultivate and observe justice,
65. Right of refusing to submit to injustice,
66. This right is a perfect one,
67. It produces—the right of self-defence,
68. the right of doing ourselves justice,
69. The right of punishing injustice,
70. Right of all nations against one that openly despises justice,
CHAPTER VI Of the Concern a Nation may have in the Actions of her Citizens.
71. The sovereign is bound to avenge the wrongs of the state, and to protect the citizens,
72. He must not suffer his subjects to offend other nations or their citizens,
73. The acts of individuals not imputable to the nation, <xxxiv>
74. unless she approve or ratify them,
75. Conduct to be pursued by the offended party,
76. Duty of the aggressor’s sovereign,
77. If he refuses justice, he becomes a party in the fault and offence,
78. Another case in which the nation is guilty of the crimes of the citizens,
CHAPTER VII Effects of the Domain, between Nations.
79. General effects of the domain,
80. What is comprehended in the domain of a nation,
81. The property of the citizens is the national property with respect to foreign states,
82. A consequence of that principle,
83. Connection of the domain of the nation with the sovereignty,
85. Effects of the jurisdiction in foreign countries,
86. Desert and uncultivated places,
87. Duty of the nation in that respect,
88. Right of possessing things that have no owner,
89. Rights granted to another nation,
90. Not allowable to expel a nation from the country she inhabits,
91. nor to extend by violence the bounds of empire,
92. The limits of territories ought to be carefully ascertained,
94. Prohibition to enter the territory,
95. A country possessed by several nations at the same time,
96. A country possessed by a private person,
97. Independent families in a country,
98. Possession of certain places only, or of certain rights, in a vacant country,
CHAPTER VIII Rules respecting Foreigners.
99. General idea of the conduct a state ought to observe towards foreigners,
101. Foreigners are subject to the laws,
102. and punishable according to the laws,
103. Who is the judge of their disputes,
104. Protection due to foreigners,
106. To what burthens they are subject,
107. Foreigners continue members of their own nation,
108. The state has no right over the person of a foreigner, <xxxv>
110. Who are the heirs of a foreigner,
113. The right of traite foraine,
114. Immovable property possessed by an alien,
CHAPTER IX Of the Rights retained by all Nations after the Introduction of Domain and Property.
116. What are the rights of which men cannot be deprived,
117. Right still remaining from the primitive state of communion,
118. Right retained by each nation over the property of others,
120. Right of procuring provisions by force,
121. Right of making use of things belonging to others,
122. Right of carrying off women,
124. and of procuring necessaries,
125. Right of dwelling in a foreign country,
126. Things, of which the use is inexhaustible,
128. Nature of that right in general,
129. and in cases not doubtful,
130. Exercise of that right between nations,
131. General duty of the proprietor,
133. Securities may be required,
135. Residence in the country,
136. How we are to act towards foreigners who desire a perpetual residence,
137. Right accruing from a general permission,
138. A right granted as a favour,
139. The nation ought to be courteous,
CHAPTER XI Of Usucaption and Prescription between Nations.
140. Definition of usucaption and prescription,
141. Usucaption and prescription derived from the law of nature, <xxxvi>
142. What foundation is required for ordinary prescription,
144. Claimant alleging reasons for his silence,
145. Proprietor sufficiently shewing that he does not mean to abandon his right,
146. Prescription founded on the actions of the proprietor,
147. Usucaption and prescription take place between nations,
148. More difficult, between nations, to found them on a presumptive desertion,
149. Other principles that enforce prescription,
150. Effects of the voluntary law of nations on this subject,
151. Law of treaties, or custom, in this matter,
CHAPTER XII Of Treaties of Alliance, and other public Treaties.
153. Compacts, agreements, or conventions,
154. By whom treaties are made,
155. Whether a state under protection may make treaties,
156. Treaties concluded by proxies or plenipotentiaries,
158. Injury does not render them void,
159. Duty of nations in that respect,
160. Nullity of treaties which are pernicious to the state,
161. Nullity of treaties made for an unjust or dishonest purpose,
162. Whether an alliance may be contracted with those who do not profess the true religion,
163. Obligation to observe treaties,
164. The violation of a treaty is an act of injustice,
165. Treaties cannot be made, contrary to those already existing,
166. How treaties may be concluded with several nations with the same view,
167. The more ancient ally entitled to a preference,
168. We owe no assistance in an unjust war,
169. General division of treaties:—those that relate to things already due by the law of nature,
170. Collision of those treaties with the duties we owe to ourselves,
171. Treaties in which we barely promise to do no injury,
172. Treaties concerning things that are not naturally due:—equal treaties,
173. Obligation to preserve equality in treaties,
174. Difference between equal treaties and equal alliances,
175. Unequal treaties, and unequal alliances,
176. An alliance with diminution of sovereignty may annul preceding treaties,
177. We ought, as much as possible, to avoid making unequal alliances, <xxxvii>
178. Mutual duties of nations with respect to unequal alliances,
179. in alliances where the inequality is on the side of the more powerful party,
180. How inequality of treaties and alliances may be conformable to the law of nature,
181. Inequality imposed by way of punishment,
182. Other kinds, of which we have spoken elsewhere,
183. Personal and real treaties,
184. Naming the contracting parties in the treaty does not render it personal,
185. An alliance made by a republic is real,
186. Treaties concluded by kings or other monarchs,
187. Perpetual treaties, and those for a certain time,
188. Treaties made for the king and his successors,
189. Treaties made for the good of the kingdom,
190. How presumption ought to be founded in doubtful cases,
191. The obligations and rights resulting from a real treaty pass to the successors,
192. Treaties accomplished once for all, and perfected,
193. Treaties already accomplished on the one part,
194. The personal alliance expires if one of the parties ceases to reign,
195. Treaties in their own nature personal,
196. Alliance concluded for the defence of the king and royal family,
197. Obligation of a real alliance, when the allied king is deposed,
CHAPTER XIII Of the Dissolution and Renewal of Treaties.
198. Expiration of alliances made for a limited time,
200. How a treaty is dissolved, when violated by one of the contracting parties,
201. The violation of one treaty does not cancel another,
202. The violation of one article in a treaty may cancel the whole,
203. The treaty is void by the destruction of one of the contracting powers,
204. Alliances of a state that has afterwards put herself under the protection of another,
205. Treaties dissolved by mutual consent,
206. Conventions made by sovereigns, <xxxviii>
207. Those made by subordinate powers,
209. The agreement called sponsio,
210. The state is not bound by such an agreement,
211. To what the promiser is bound when it is disavowed,
212. To what the sovereign is bound,
213. Private contracts of the sovereign,
214. Contracts made by him with private persons, in the name of the state,
215. They are binding on the nation, and on his successors,
216. Debts of the sovereign and the state,
217. Donations of the sovereign,
CHAPTER XV Of the Faith of Treaties.
218. What is sacred among nations,
219. Treaties sacred between nations,
220. The faith of treaties is sacred,
221. He who violates his treaties, violates the law of nations,
222. Right of nations against him who disregards the faith of treaties,
223. The law of nations violated by the popes,
224. This abuse authorised by princes,
225. Use of an oath in treaties.—It does not constitute the obligation,
226. It does not change the nature of obligations,
227. It gives no pre-eminence to one treaty above another,
228. It cannot give force to a treaty that is invalid,
230. The faith of treaties does not depend on the difference of religion,
231. Precaution to be taken in wording treaties,
233. An evidently false interpretation inconsistent with the faith of treaties,
CHAPTER XVI Of Securities given for the Observance of Treaties.
236. It gives the guarantee no right to interfere unasked in the execution of a treaty,
237. Nature of the obligation it imposes,
238. The guaranty cannot impair the rights of a third party,
239. Duration of the guaranty,
241. Pawns, securities, and mortgages,
242. A nation’s right over what she holds as a pledge, <xxxix>
243. How she is obliged to restore it,
244. How she may appropriate it to herself,
246. What right we have over hostages,
247. Their liberty alone is pledged,
248. When they are to be sent back,
249. Whether they may be detained on any other account,
250. They may be detained for their own actions,
251. Of the support of hostages,
252. A subject cannot refuse to be a hostage,
254. They ought not to make their escape,
255. Whether a hostage who dies is to be replaced,
256. Substitute for a hostage,
257. Hostage succeeding to the crown,
258. The liability of the hostage ends with the treaty,
259. The violation of the treaty is an injury done to the hostages,
260. The fate of the hostage when he who has given him fails in his engagements,
CHAPTER XVII Of the Interpretation of Treaties.
262. Necessity of establishing rules of interpretation,
263. First general maxim—it is not allowable to interpret what has no need of interpretation,
266. Fourth general maxim—what is sufficiently declared, is to be taken for true,
268. Fifth general maxim—the interpretation ought to be made according to certain rules,
269. The faith of treaties imposes an obligation to follow those rules,
270. General rule of interpretation,
271. The terms are to be explained conformably to common usage,
272. Interpretation of ancient treaties,
276. Interpretation of technical terms,
277. Terms whose signification admits of degrees,
278. Figurative expressions, <xl>
280. The rule for these two cases,
281. Not necessary to give a term the same sense every-where in the same deed,
282. We ought to reject every interpretation which leads to an absurdity,
283. or which renders the act null and void of effect,
284. Obscure expressions interpreted by others more clear in the same author,
285. Interpretation founded on the connection of the discourse,
286. Interpretation drawn from the connection and relation of the things themselves,
287. Interpretation founded on the reason of the deed,
288. Where many reasons have concurred to determine the will,
289. What constitutes a sufficient reason for an act of the will,
290. Extensive interpretation founded on the reason of the act,
291. Frauds tending to elude laws or promises,
292. Restrictive interpretation,
293. Its use, in order to avoid falling into absurdities, or into what is unlawful,
294. or what is too severe and burthensome,
295. How it ought to restrict the signification agreeably to the subject,
296. How a change happening in the state of things may form an exception,
297. Interpretation of a deed in unforeseen cases,
298. Reasons arising from the possibility and not the existence of a thing,
299. Expressions susceptible of an extensive and a limited sense,
300. Things favourable, and things odious,
301. What tends to the common advantage, and to equality, is favourable: the contrary is odious,
302. What is useful to human society, is favourable: the contrary is odious,
303. Whatever contains a penalty, is odious,
304. Whatever renders a deed void, is odious,
305. Whatever tends to change the present state of things, is odious: the contrary is favourable,
306. Things of a mixed nature,
307. Interpretation of favourable things,
308. Interpretation of odious things,
310. How we ought to interpret deeds of pure liberality,
311. Collision of laws or treaties,
312. First rule in cases of collision,
322. General remark on the manner of observing all the preceding rules,
CHAPTER XVIII Of the Mode of terminating Disputes between Nations.
323. General direction on this subject,
324. Every nation is bound to give satisfaction respecting the just complaints of another,
325. How nations may abandon their rights and just complaints,
326. Means suggested by the law of nature, for terminating their disputes:—amicable accommodation,
330. Conferences and congresses,
331. Distinction to be made between evident and doubtful cases,
332. Essential rights, and those of less importance,
333. How we acquire a right of recurring to force in a doubtful case,
334. and even without attempting other measures,
335. Voluntary law of nations on that subject,
336. Equitable conditions to be offered,
337. Possessor’s right in doubtful cases,
338. How reparation of an injury is to be sought,
340. Various modes of punishing, without having recourse to arms,
343. What is required to render them lawful,
344. Upon what effects reprisals are made,
345. The state is bound to compensate those who suffer by reprisals,
346. The sovereign alone can order reprisals,
347. Reprisals against a nation for actions of her subjects, and in favour of the injured subjects,
348. but not in favour of foreigners,
349. Those who have given cause for reprisals are bound to indemnify those who suffer by them,
350. What may be deemed a refusal to do justice,
351. Subjects arrested by way of reprisals,
352. Our right against those who oppose reprisals,
353. Just reprisals do not afford a just cause for war,
354. How we ought to confine ourselves to reprisals, or at length proceed to hostilities, <xlii>
CHAPTER I Of War,—its different Kinds,—and the Right of making War.
4. It belongs only to the sovereign power,
5. Defensive and offensive war,
8. Obligation of the citizens or subjects,
9. Enlisting or raising of troops,
10. Whether there be any exemptions from carrying arms,
11. Soldiers’ pay and quarters,
14. Rule to be observed in their enlistment,
15. Enlisting in foreign countries,
19. Subordinate powers in war,
20. How their promises bind the sovereign,
21. In what cases their promises bind only themselves,
22. Their assumption of an authority which they do not possess,
23. How they bind their inferiors,
CHAPTER III Of the just Causes of War.
24. War never to be undertaken without very cogent reasons,
25. Justificatory reasons, and motives for making war,
26. What is in general a just cause of war,
29. Both justificatory reasons and proper motives requisite in undertaking a war,
30. Proper motives—vicious motives, <xliii>
31. War undertaken upon just grounds, but from vicious motives,
33. War undertaken merely for advantage,
34. Nations who make war without reason or apparent motives,
35. How defensive war is just or unjust,
36. How it may become just against an offensive war which was originally just,
37. How an offensive war is just in an evident cause,
39. War cannot be just on both sides,
41. War undertaken to punish a nation,
42. Whether the aggrandisement of a neighbouring power can authorise a war against him,
43. Alone, and of itself, it cannot give a right to attack him,
44. How the appearances of danger give that right,
45. Another case more evident,
46. Other allowable means of defence against a formidable power,
49. How he that destroys the equilibrium, may be restrained, or even weakened,
50. Behaviour allowable towards a neighbour preparing for war,
CHAPTER IV Of the Declaration of War,—and of War in due Form.
51. Declaration of war:—necessity thereof,
53. It is simple or conditional,
54. The right to make war ceases on the offer of equitable conditions,
55. Formalities of a declaration of war,
56. Other reasons for the necessity of its publication,
57. Defensive war requires no declaration,
58. When it may be omitted in an offensive war,
59. It is not to be omitted by way of retaliation,
61. Duty of the inhabitants on a foreign army’s entering a country before a declaration of war,
62. Commencement of hostilities,
64. Publication of the war, and manifestoes,
65. Decorum and moderation to be observed in the manifestoes,
66. What is a lawful war in due form,
67. It is to be distinguished from informal and unlawful war,
68. Grounds of this distinction, <xliv>
CHAPTER V Of the Enemy, and of Things belonging to the Enemy.
70. All the subjects of the two states at war are enemies,
71. and continue to be enemies in all places,
72. Whether women and children are to be accounted enemies,
73. Things belonging to the enemy,
74. continue such every-where,
75. Neutral things found with an enemy,
76. Lands possessed by foreigners in an enemy’s country,
77. Things due to the enemy by a third party,
CHAPTER VI Of the Enemy’s Allies,—of warlike Associations,— of Auxiliaries and Subsidies.
79. Defensive and offensive alliances,
80. Difference between warlike alliances and defensive treaties,
83. When a nation is authorised to assist another,
84. and to make alliances for war,
85. Alliances made with a nation actually engaged in war,
86. Tacit clause in every warlike alliance,
87. To refuse succours for an unjust war, is no breach of alliance,
88. What the casus foederis is,
89. It never takes place in an unjust war,
90. How it exists in a defensive war,
91. and in a treaty of a guaranty,
93. Other cases:—two of the parties in an alliance coming to a rupture,
94. Refusal of the succours due in virtue of an alliance,
96. Those who make a common cause with the enemy are his associates,
97. and those who assist him, without being obliged to it by treaties,
98. or who are in an offensive alliance with him,
99. How a defensive alliance associates with the enemy,
101. In what case it does not produce the same effect, <xlv>
102. Whether it be necessary to declare war against the enemy’s associates,
CHAPTER VII Of Neutrality,—and the Passage of Troops through a Neutral Country.
104. Conduct to be pursued by a neutral nation,
105. An ally may furnish the succour due from him, and remain neuter,
106. Right of remaining neuter,
108. Additional reason for making those treaties,
109. Foundation of the rules of neutrality,
111. Trade of neutral nations with those which are at war,
113. Whether such goods may be confiscated,
115. Enemy’s property on board a neutral ship,
116. Neutral property on board an enemy’s ship,
117. Trade with a besieged town,
118. Impartial offices of neutrals,
119. Passage of troops through a neutral country,
121. It may be refused for good reasons,
122. In what case it may be forced,
123. The fear of danger authorises a refusal,
124. or a demand of every reasonable security,
125. Whether always necessary to give every kind of security required,
126. Equality to be observed towards both parties, as to the passage,
127. No complaint lies against a neutral state for granting a passage,
128. That state may refuse it from fear of the resentment of the opposite party,
129. and lest her country should become the theatre of war,
130. What is included in the grant of passage,
132. No hostility to be committed in a neutral country,
133. Neutral country not to afford a retreat to troops, that they may again attack their enemies,
134. Conduct to be pursued by troops passing through a neutral country,
135. A passage may be refused for a war evidently unjust, <xlvi>
136. General principle of the rights against an enemy in a just war,
138. The right to weaken an enemy by every justifiable method,
139. The right over the enemy’s person,
140. Limits of that right:—an enemy not to be killed after ceasing to resist;
141. A particular case, in which quarter may be refused,
143. Whether a governor of a town can be punished with death for an obstinate defence,
145. Women, children, the aged, and sick,
146. Clergy, men of letters, &c.
147. Peasants, and, in general, all who do not carry arms,
148. The right of making prisoners of war,
149. A prisoner of war not to be put to death,
150. How prisoners of war are to be treated,
151. Whether prisoners, who cannot be kept or fed, may be put to death,
152. Whether prisoners of war may be made slaves,
153. Exchange and ransom of prisoners,
154. The state is bound to procure their release,
155. Whether an enemy may lawfully be assassinated or poisoned,
156. Whether poisoned weapons may be used in war,
157. Whether springs may be poisoned,
158. Disposition to be entertained towards an enemy,
159. Tenderness for the person of a king who is in arms against us,
CHAPTER IX Of the Right of War, with respect to Things belonging to the Enemy.
160. Principles of the right over things belonging to the enemy,
161. The right of seizing them,
162. What is taken from the enemy by way of penalty,
163. What is with-held from him, in order to oblige him to give just satisfaction,
168. What things are to be spared,
170. Demolition of fortresses,
172. General rule of moderation, respecting the evil which may be done to an enemy,
173. Rule of the voluntary law of nations on the same subject,
174. Faith to be sacred between enemies,
175. What treaties are to be observed between enemies,
176. On what occasions they may be broken,
178. Stratagems and artifices in war,
180. Clandestine seduction of the enemy’s people,
181. Whether the offers of a traitor may be accepted,
CHAPTER XI Of the Sovereign who wages an unjust War.
183. An unjust war gives no right whatever,
184. Great guilt of the sovereign who undertakes it,
186. Difficulty of repairing the injury he has done,
187. Whether the nation and the military are bound to any thing,
188. Nations not rigidly to enforce the law of nature against each other,
189. Why they are bound to admit the voluntary law of nations,
190. Regular war, as to its effects, is to be accounted just on both sides,
191. Whatever is permitted to one party, is so to the other,
192. The voluntary law gives no more than impunity to him who wages an unjust war, <xlviii>
CHAPTER XIII Of Acquisitions by War, and particularly of Conquests.
193. War a mode of acquisition,
194. Measure of the right it gives,
195. Rules of the voluntary law of nations,
196. Acquisition of movable property,
197. Acquisition of immovables,—or conquest,
198. How to transfer them validly,
199. Conditions on which a conquered town is acquired,
200. Lands of private persons,
201. Conquest of the whole state,
202. To whom the conquest belongs,
203. Whether we are to set at liberty a people whom the enemy had unjustly conquered,
CHAPTER XIV Of the Right of Postliminium.
204. Definition of the right of postliminium,
205. Foundation of that right,
207. Whether it takes effect among the allies,
208. Of no validity in neutral nations,
209. What things are recoverable by that right,
210. Of those who cannot return by the right of postliminium,
211. They enjoy that right when retaken,
212. Whether that right extends to their property alienated by the enemy,
213. Whether a nation that has been entirely subdued can enjoy the right of postliminium,
214. Right of postliminium for what is restored at the peace,
215. and for things ceded to the enemy,
216. The right of postliminium does not exist after a peace,
217. Why always in force for prisoners,
218. They are free even by escaping into a neutral country,
219. How the rights and obligations of prisoners subsist,
220. Testament of a prisoner of war,
222. Regulations established by treaty or custom, respecting postliminium,
CHAPTER XV Of the Right of private Persons in War.
223. Subjects cannot commit hostilities without the sovereign’s order,
224. That order may be general or particular,
225. Source of the necessity of such an order,
226. Why the law of nations should have adopted this rule, <xlix>
227. Precise meaning of the order,
228. What may be undertaken by private persons, presuming on the sovereign’s will,
231. What soldiers and subalterns may do,
232. Whether the state is bound to indemnify the subjects for damages sustained in war,
CHAPTER XVI Of various Conventions made during the Course of the War.
233. Truce and suspension of arms,
234. does not terminate the war,
235. A truce is either partial or general,
236. General truce for many years,
237. By whom those agreements may be concluded,
238. The sovereign’s faith engaged in them,
239. When the truce begins to be obligatory,
240. Publication of the truce,
241. Subjects contravening the truce,
243. Stipulation of a penalty against the infractor,
246. Second rule—Not to take advantage of the truce in doing what hostilities would have prevented,
247. for instance, continuing the works of a siege, or repairing breaches,
249. Distinction of a particular case,
250. Retreat of an army during a suspension of hostilities,
251. Third rule—Nothing to be attempted in contested places, but every thing to be left as it was,
252. Places quitted or neglected by the enemy,
253. Subjects inclined to revolt against their prince not to be received during the truce,
254. much less to be solicited to treason,
255. Persons or effects of enemies not to be seized during the truce,
256. Right of postliminium during the truce,
257. Intercourse allowed during a truce,
258. Persons detained by unsurmountable obstacles after the expiration of the truce,
259. Particular conditions added to truces,
260. At the expiration of the truce, the war recommences without any new declaration,
261. Capitulations; and by whom they may be concluded, <l>
262. Clauses contained in them,
263. Observance of capitulations, and its utility,
264. Promises made to the enemy by individuals,
CHAPTER XVII Of Safe-conducts and Passports,—with Questions on the Ransom of Prisoners of War.
265. Nature of safe-conducts and passports,
266. From what authority they emanate,
267. Not transferable from one person to another,
268. Extent of the promised security,
269. How to judge of the right derived from a safe-conduct,
270. Whether it includes baggage and domestics,
271. Safe-conduct granted to the father does not include his family,
272. Safe-conduct given in general to any one and his retinue,
273. Term of the safe-conduct,
274. A person unavoidably detained beyond the term,
275. The safe-conduct does not expire at the death of him who gave it,
277. Safe-conduct, with the clause, “for such time as we shall “think fit,”
278. Conventions relating to the ransom of prisoners,
279. The right of demanding a ransom may be transferred,
280. What may annul the convention made for the rate of the ransom,
281. A prisoner dying before payment of ransom,
282. Prisoner released on condition of procuring the release of another,
283. Prisoner retaken before he has paid his former ransom,
284. Prisoner rescued before he has received his liberty,
285. Whether the things which a prisoner has found means to conceal, belong to him,
286. Hostage given for the release of a prisoner,
287. Foundation of the sovereign’s rights against the rebels,
289. Popular commotion, insurrection, sedition,
290. How the sovereign is to suppress them,
291. He is bound to perform the promises he has made to the rebels,
293. A civil war produces two independent parties,
294. They are to observe the common laws of war,
295. The effects of civil war distinguished according to cases,
296. Conduct to be pursued by foreign nations, <li>
BOOK IV Of the Restoration of Peace; and of Embassies.
CHAPTER I Of Peace, and the Obligation to cultivate it.
2. Obligation of cultivating it,
3. The sovereign’s obligation in that respect,
5. Disturbers of the public peace,
6. How far war may be continued,
9. Definition of a treaty of peace,
10. By whom it may be concluded,
11. Alienations made by a treaty of peace,
12. How the sovereign may, in a treaty, dispose of what concerns individuals,
13. Whether a king who is a prisoner of war, can make a peace,
14. Whether peace can be made with a usurper,
15. Allies included in the treaty of peace,
16. Associates to treat, each for himself,
18. On what footing peace may be concluded,
19. General effect of the treaty of peace,
21. Things not mentioned in the treaty,
22. Things not included in the compromise or amnesty,
23. Former treaties, mentioned or confirmed in the new, are a part of it,
CHAPTER III Of the Execution of the Treaty of Peace.
24. When the obligation of the treaty commences,
27. A lawful excuse to be admitted,
29. Cessation of contributions,
30. Products of the thing restored or ceded,
31. In what condition things are to be restored, <lii>
32. The interpretation of a treaty of peace is to be against the superior party,
34. Restoration not to be understood of those who have voluntarily given themselves up,
CHAPTER IV Of the Observance and Breach of the Treaty of Peace.
35. The treaty of peace binds the nation and successors,
36. It is to be faithfully observed,
37. The plea of fear or force does not dispense with the observance,
38. How many ways a treaty of peace may be broken,
39. by a conduct contrary to the nature of every treaty of peace,
40. To take up arms for a fresh cause is no breach of the treaty of peace,
41. A subsequent alliance with an enemy is likewise no breach of the treaty,
42. Why a distinction is to be made between a new war and a breach of the treaty,
43. Justifiable self-defence is no breach of the treaty,
44. Causes of rupture on account of allies,
45. The treaty is broken by what is contrary to its particular nature,
46. by the violation of any article,
47. The violation of a single article breaks the whole treaty,
48. Whether a distinction may here be made between the more and the less important articles,
49. Penalty annexed to the violation of an article,
51. Unsurmountable impediments,
52. Infractions of the treaty of peace by the subjects,
54. Right of the offended party against him who has violated the treaty,
CHAPTER V Of the Right of Embassy, or the Right of sending and receiving public Ministers.
55. It is necessary that nations be enabled to treat and communicate together,
56. They do that by the agency of public ministers,
57. Every sovereign state has a right to send and receive public ministers,
58. An unequal alliance, or a treaty of protection, does not take away that right,
59. Right of the princes and states of the empire in that respect,
60. Cities that have the right of banner,
61. Ministers of viceroys, <liii>
62. Ministers of the nation or of the regents during an interregnum,
63. Sovereign molesting another in the exercise of the right of embassy,
64. What is allowable in that respect in time of war,
65. The minister of a friendly power is to be received,
67. Admission of an enemy’s ministers,
68. Whether ministers may be received from or sent to a usurper,
69. Origin of the several orders of public ministers,
75. Consuls, agents, deputies, commissioners, &c.
78. Right of sending embassadors,
79. Honours due to embassadors,
CHAPTER VII Of the Rights, Privileges, and Immunities of Embassadors, and other public Ministers.
80. Respect due to public ministers,
81. Their persons sacred and inviolable,
82. Particular protection due to them,
84. What is due to them in the countries through which they pass,
85. Embassadors going to an enemy’s country,
86. Embassies between enemies,
87. Heralds, trumpeters, and drummers,
88. Ministers, trumpeters, &c. to be respected even in a civil war,
89. Sometimes they may be refused admittance,
90. Every thing which has the appearance of insult to them, must be avoided,
91. By and to whom they may be sent,
92. Independence of foreign ministers,
93. How the foreign minister is to behave,
94. How he may be punished for ordinary transgressions,
95. for faults committed against the prince,
96. Right of ordering away an embassador who is guilty, or justly suspected, <liv>
97. Right of repressing him by force, if he behaves as an enemy,
98. Embassador forming dangerous plots and conspiracies,
99. What may be done to him according to the exigency of the case,
100. Embassador attempting against the sovereign’s life,
101. Two remarkable instances respecting the immunities of public ministers,
102. Whether reprisals may be made on an embassador,
103. Agreement of nations concerning the privileges of embassadors,
104. Free exercise of religion,
105. Whether an embassador be exempted from all imposts,
106. Obligation founded on use and custom,
107. A minister whose character is not public,
108. A sovereign in a foreign country,
CHAPTER VIII Of the Judge of Embassadors in Civil Cases.
110. The embassador is exempt from the civil jurisdiction of the country where he resides,
111. How he may voluntarily subject himself to it,
112. A minister who is a subject of the state where he is employed,
113. Immunity of the minister extends to his property,
114. The exemption cannot extend to effects belonging to any trade the minister may carry on,
115. nor to immovable property which he possesses in the country,
116. How justice may be obtained against an embassador,
CHAPTER IX Of the Embassador’s House and Domestics.
119. Exemption of an embassador’s carriages,
122. of the secretary of the embassy,
123. of the embassador’s couriers and dispatches,
124. The embassador’s authority over his retinue,
125. When the rights of an embassador expire,
