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

Emer de Vattel

T. & J.W. Johnson & Company, 1856 - 656 Seiten

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Inhaltsverzeichnis

Index

Inhalt

Penalty annexed to the violation of	49

necessity thereof	51

Sect	52

Principal Objects of a good Government and first to provide for the Neces sities of the Nation	53

Objects of this treatise 4	54

Definition of the necessary law of nations	55

CHAP V	56

Defensive war requires no declaration	57

A subject cannot refuse to be a hostage	252

The nation may alienate her public property	257

The liability of the hostage ends with the treaty	258

in common	259

or what is too severe and burthensome	260

How it ought to restrict the signification agreeably to the subject ib 296 How a change happening in the state of things may form an exception	261

Interpretation of a deed in unforeseen cases	262

Alienation of a part of the state	263

Of the Dignity and Equality of Nationsof Titles and other Marks	58

Ministers of the nation or of the regents during an interregnum	62

Necessity of the observance of justice in human society	63

33	65

ib	66

General Principles of the Duties of a Nation towards herself	68

The right of punishing injustice	69

he is bound to procure plenty 33	72

to take care that there be a sufficient number of workmen	73

CHAP III	74

Conduct to be pursued by the offended party	75

Emissaries who entice them away 34	76

Of the legislative power and whether it can alter the constitution	78

The property of the citizens is the national property with respect	81

CHAP VII	83

Ambassadors going to an enemys country	85

Sect Page 85 Alliances made with a nation actually engaged in war 325	86

Heralds trumpeters and drummers	87

Right of possessing things that have no owner	88

It never takes place in an unjust war	89

How it exists in a defensive war	90

and in a treaty of a guaranty	91

The succour is not due under an inability to furnish it or when the public safety would be exposed	92

How the foreign minister is to behave	93

two of the parties in an alliance coming to a rupture 327	94

A country possessed by several nations at the same time	95

BUN UNCONOPFNPZ PR2 Page	96

Sect	97

Ambassador forming dangerous plots and conspiracies	98

or who are in an offensive alliance with him 329	99

Another case	100

Of the Constitution of a State and the Duties and Rights of a Nation	102

Utility of Agriculture 34	103

for the distribution of land ib 79 for the protection of husbandmen 35	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 39 91 Nature of the right of purchasing ib 90 Prohibition of foreign merchandises	107

470	108

Additional reasons for making those treaties 334	109

How levies may be allowed money lent and every kind of things sold without a breach of neutrality	110

CHAP X	116

Sect Page 105 Establishment of money 45	119

A nation is bound to labour after her own happiness 47	120

Arts and sciences ib 114 Freedom of philosophical discussion 49	121

Definition of the term country	122

How shameful and criminal to injure our country 54	124

Of the public authority	125

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

Sect Page 133 Securities may be required 184	134

Residence in the country	135

64	136

Rule to be observed with respect to ecclesiastics	143

Recapitulation of the reasons which establish the sovereigns rights in matters of religion ib Authorities and examples	144

Convents 5 Enormous pretensions of the clergyPreeminence 6 Independence immunities 7 Immunity of church possessions	145

Riches	149

Their equality	150

9	155

Money drawn to Rome	156

Excommunication of men in office and of sovereigns themselves 10 The clergy drawing every thing to themselves and inter rupting the course of jus...	157

Functions and duties of the prince in that respect ib 78	161

How he is to dispense justice	162

His duty to appoint upright and enlightened judges	163

The ordinary courts should determine causes relating to the revenue	164

Necessary to establish supreme courts from whose sentence there shall	165

The prince bound to observe the forms of justice	166

decrees	167

distribution of employments and rewards	168

foundation of the right of punishing	169

Criminal laws	170

Degree of punishment	171

Execution of the laws	172

Obligation to preserve equality in treaties	173

CHAP XIX	175

Public revenues and taxes	183

How we are to act towards foreigners who desire a perpetual residence	185

Right accruing from a general permission ib 138 A right granted as a favour	186

Duty of the citizens	189

Preservation and repairs of common possessions	191

Seot	193

Right of the citizens when the nation submits to a foreign power	195

Conditions on which a conquered town is acquired	199

Difference between the present case and those in the preceding chapter 96	201

ib ib 79 ib 80 to support the authority of the judges and enforce their ib	206

81	207

82	208

Sect Page 209 The agreement called sponsio	211

Sect Page 211 What is our country 101	212

Inhabitants 102	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

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

The exile and the banished man have a right to live somewhere 108	230

Duty of nations towards them	231

Equality of nations	232

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 sessions	238

or allow him the domain and reserve to herself the use of them ib 240 Taxes 111	239

Foundation of the voluntary law of nations	240

The nation may reserve to herself the right of imposing them	241

Sovereign possessing that power	242

Duties of the prince with respect to taxes 112	244

CHAP VI	245

Dominion over public property 113	246

Who is the judge of their disputes	247

the contrary is odious	264

the contrary is odious	265

Their duties	266

Interpretation of favourable things ib 308 Interpretation of odious things	267

Examples	268

Whether alluvion produces any change in the right to a river	269

How we ought to interpret deeds of pure liberality	270

Collision of laws or treaties	271

First rule in cases of collision ib 313 Second rule ib 314 Third rule ib 315 Fourth rule	272

Fifth rule ib 317 Sixth rule	273

Seventh rule ib 319 Eighth rule	274

Every nation is bound to give satisfaction respecting the just com plaints of another	275

Land formed on the banks of	276

Sect Page 333 How we acquire a right of recurring to force in a doubtful case	280

CHAP XI	281

A nation attempting to exclude another does her an injury	282

Hostage given for the release of a prisoner	286

Of the sovereign	287

Civil	292

Sect Page 10 Whether there be any exemptions from carrying arms	294

Of the Enemys Alliesof Warlike Associationsof Auxiliaries and	306

How nations may abandon their rights and just complaints	325

CHAP XVI	332

Guaranty 235	333

Trade of neutral nations with those which are at war	335

Contraband goods	336

Whether such goods may be confiscated	337

How reparation of an injury is to be sought	338

Retaliation	339

Right founded on custom	341

It gives the guarantee no right to interfere unasked in the execution of a treaty 236	342

What is required to render them lawful 284	344

The state is bound to compensate those who suffer by reprisals 285	346

Reprisals against a nation for actions of her subjects and in favour	347

but not in favour of foreigners	348

Those who have given cause for reprisals are bound to indemnify those who suffer by them 286	349

What may be deemed a refusal to do justice 287	351

Our right against those who oppose reprisals 288	353

How we ought to confine ourselves to reprisals or at length proceed to hostilities	354

He is solely established for the safety and advantage of society	375

amicable accommodation 276	377

Compromise ib 328 Mediation ib 329 Arbitration 277	378

BOOK IV	381

BOOK III	386

CHAP I	392

CHAP II	394

CHAP XIV	402

Safety of the passage	422

Defensive and offensive alliances	428

Sect Page 9 Definition of a treaty of peace	432

By whom it may be concluded ib 11 Alienations made by a treaty of peace	433

How the sovereign may in a treaty dispose of what concerns individuals	435

Subsidies	436

General rule of moderation respecting the evil which may be done	443

When a nation is authorized to assist another	445

CHAP VIII	454

Women children the aged and sick	460

Of Faith between Enemies of Stratagems Artifices in War Spies	481

Clandestine seduction of the enemys people	488

Of the Right of Postliminium	505

Peasants and in general all who do not carry arms	536

The state has no right over the person of a foreigner	538

OF THE RESTORATION OF PEACE AND OF EMBASSIES	546

Foundation of that right	553

Associates to treat each for himself 437	554

Mediation ib 18 On what footing peace may be concluded ib 19 General effect of the treaty of peace 438	556

Amnesty 439	557

When the obligation of the treaty commences 440	558

Cessation of contributions 442	562

The treaty of peace binds the nation and successors 444	564

Justifiable selfdefence is no breach of the treaty 448	566

ib	571

Internal police	573

Of the several Orders of Public Ministers of the Representative Character	577

Duel or single combat 83	585

476	596

Ambassador attempting against the sovereigns life 478	598

479	599

Two remarkable instances respecting the immunities of public ministers 480	601

Agreement of nations concerning the privileges of ambassadors 482	602

Free exercise of religion 106 Obligation founded on use and custom 107 A minister whose character is not public 108 A sovereign in a foreign count...	604

Whether an ambassador be exempted from all imposts 484	605

485	606

486	607

109	608

CHAP VIII	610

490	611

491	612

minister may carry on 492	614

nor to immovable property which he possesses in the country 493	615

CHAP IX	616

Right of asylum	618

Exemption of an ambassadors carriages 120	619

of his retinue of his wife and family of the secretary of the embassy	620

The ambassadors authority over his retinue 125 When the rights of an ambassador expire 126 Cases when new credentials are necessary 127 Conclus...	625

Alienation of the property of a corporation ib 248 Use of common property 114	626

Simple permission to carry on trade ib 95 Whether commercial rights be subject to prescription ib 96 Imprescriptibility of rights founded on treaty 41	627

Monopolies and trading companies with exclusive privileges 42	628

Colonies	629

Means of putting a stop to that disorder	630

Who are the heirs of a foreigner	632

National strength 179 Increase of population 180 Valour 181 Other military virtues	633

243	634

Right of nations against the infractors of the law of nations	635

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	641

Causes of rupture on account of allies 449	642

Usucaption and prescription derived from the law of nature ib 142 What foundation is required for ordinary prescription 189	643

How each member is to enjoy it ib 250 Right of anticipation in the use of it ib 251 The same right in another case	644

when there is as yet no established religion 57	645

The sea near the coasts may become property	647

His duty with respect to the preservation and perfection of the nation	648

What is the constitution of a state	649

204	650

Terms whose signification admits of degrees	1

General truce for many years

Obligation of the citizens or subjects ib 9 Enlisting or raising of troops

How the appearances of danger give that right 309

A prisoner of war not to be put to death 354

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Häufige Begriffe und Wortgruppen

absolute according advantage affairs alliance allow ally ambassador arms assistance authority bassador become belongs BOOK bound cause CHAP Cicero citizens civil commerce common conduct consent consequence considered contracting contrary court custom declaration depend deprive domain duty emperor enemy engagements England equally established favour foreign France give grant Grotius happiness honour human independent individual injury instance intrusted judge justice king king of France law of nations law of nature laws of war liberty mankind manner maxim ment minister natural law necessary necessity neral neutral country obliged observed occasion particular party perfect person possession postliminium Prelim present preserve prince principles procure promise proper Puffendorf punishment reason refuse reign religion render respect Romans rule safety society sove sovereign sovereignty spect sufficient territory thing tion treaty of peace truce United Provinces unjust usucaption violation virtue

Beliebte Passagen

Seite 59 - Nations composed of men, and considered as so many free persons living together in the 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 powerful kingdom.‎

Wird in 144 Büchern von 1828 bis 2008 erwähnt

Seite 253 - ... within the jurisdiction of the court from which it issues. The garnishee is safe by paying under the judgment of the court; but the objection that the cause of action did not arise within the jurisdiction of the court, if properly taken, must prevail.‎

Wird in 83 Büchern von 1827 bis 1994 erwähnt

Seite 285 - The tranquillity of the people, the safety of states, the happiness of the human race, do not allow that the possessions, empire, and other rights of nations should remain uncertain, subject to dispute and ever ready to occasion bloody wars. Between nations, therefore, it becomes necessary to admit prescription founded on length of time as a valid and incontestable title.‎

Wird in 52 Büchern von 1852 bis 2002 erwähnt

Seite 49 - Nations or States are bodies politic; societies of men united together for the purpose of promoting their mutual safety and advantage, by the joint efforts of their mutual strength.‎

Wird in 112 Büchern von 1833 bis 2007 erwähnt

Seite 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.‎

Wird in 72 Büchern von 1836 bis 1992 erwähnt

Seite 505 - We think the proper character of the transaction was that of hostile seizure made, if not flagrante, yet nondum cessante beflo, 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 anything was done amiss, recourse could only be had to the government for redress.‎

Wird in 48 Büchern von 1856 bis 1965 erwähnt

Seite 246 - Whoever uses a citizen ill indirectly offends the state, which is bound to protect the 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.‎

Wird in 46 Büchern von 1842 bis 2008 erwähnt

Seite 175 - Europe, too closely pent up at home, finding land of which savages stood in no particular need, and of which they made no actual and constant use, were lawfully entitled to take possession of it, and settle it with colonies.‎

Wird in 28 Büchern von 1831 bis 2007 erwähnt

Seite 67 - They will form together a federal republic : the deliberations in common will offer no violence to the sovereignty of each member, though they may, in certain respects, put some restraint on the exercise of it, in virtue of voluntary engagements.‎

Wird in 43 Büchern von 1831 bis 2006 erwähnt

Seite 59 - Nations, which are composed of men and may be regarded as so many free persons living together in a state of nature, are by nature equal and hold from nature the same obligations and the same rights.‎

Wird in 54 Büchern von 1760 bis 2007 erwähnt

Bibliografische Informationen

Titel	The Law of Nations: Or, Principles of the Law of Nature, Applied to the Conduct and Affairs of Nations and Sovereigns
Autor/in	Emer de Vattel
Herausgeber	Joseph Chitty, Edward Duncan Ingraham
Verlag	T. & J.W. Johnson & Company, 1856
Original von	Harvard University
Digitalisiert	24. Aug. 2007
Länge	656 Seiten

Zitat exportieren	BiBTeX EndNote RefMan

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