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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S. Sweet, 1834 - 500 Seiten
 

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Measure of that right ib 24 Conventional law of nations or law of treaties
lxv
Support of the constitution and obedience to the laws
lxix
The right of succession not to depend on the judgment of
lxx
General Principles of the Duties of a Nation towards herself
lxxii
Her right to every thing that may promote this end
4
She may reform the government
5
He is solely established for the safety and advantage of
13
Arbitration between the king and his subjects
20
States called patrimonial
22
Customary law of nations
25
General rule respecting that law
26
Positive law of nations lxvi
28
Political fundamental and civil laws
29
Sect Page
31
CHAP VI
32
How it may become just against an offensive war which
36
How a nation acquires a perfect right to a foreign trade
40
Simple permission to carry on trade ib 95 Whether commercial rights be subject to prescription ib 96 Imprescriptibility of rights founded on treaty
41
Monopolies and trading companies with exclusive privileges
42
CHAP IX
42
Duty of government in that respect ib 102 Its right in that respect
44
Duty of the nation or prince with respect to the coin ib 107 Their rights in that respect
46
A nation is bound to labour after her own happiness
47
Freedom of philosophical discussion
48
Behaviour allowable towards a neighbour preparing for
50
Love of virtue and abhorrence of vice to be excited
51
The nation may hence discover the intention of her rulers ib 117 The nation or public person bound to perfect her under standing and will
52
Piety
55
Other reasons for the necessity of its publication
56
When it may be omitted in an offensive
58
Cities that have the right of banner
60
Of the Right to Security and the Effects of the Sovereignty
63
Publication of the war and manifestoes
64
Sect
66
Utility of domestic trade
84
Right of possessing things that have no owner
88
Prohibition of foreign merchandises
90
Protection
92
Voluntary submission of one nation to another
94
How the prince is to act when the nation is resolved
96
Settlement
97
Right of repressing him by force if he behaves as an enemy 476
98
Entering the territory
100
Vagrants
103
Free exercise of religion
104
To what burthens they are subject
106
Treaties of neutrality
107
A sovereign in a foreign country
108
What right we have over hostages
110
Whether such goods may be confiscated
113
The right of traite foraine 177
114
Private property
115
The sovereign may subject it to regulations of police ib 256 Inheritances
116
Duties of the nation in that respect ib 259 Duties of the prince
116
Trade with a besieged town
117
Alienation of a part of the state
118
Rights of the dismembered party ib 265 Whether the prince has power to dismember the state
119
in individuals
120
in the nation or state itself and in the sovereign
121
Definition of the term country
122
Bed of a lake dried up ib 278 Jurisdiction over lakes and rivers ib CHAP XXIII
123
How shameful and criminal to injure our country 54
124
A nation attempting to exclude another does her an injury
126
What is included in the grant of passage
130
General principle of the rights against an enemy in a just
136
an enemy not to be killed after ceasing
140
He is bound to prevent the abuse of the established religion 63
141
Peasants and in general all who do not carry arms
147
Sect Page
154
voluntary law
155
The same right with respect to religion
158
Functions and duties of the prince in that respect
161
Criminal laws
170
Execution of the laws
172
Escheatage
175
National strength
178
Right of procuring provisions by force
179
Right of passage
179
and of procuring necessaries ib 125 Right of dwelling in a foreign country ib 126 Things of which the use is inexhaustible
180
CHAP X
181
Riches
182
General duty of the proprietor
183
Innocent passage ib 133 Securities may be required
184
Right accruing from a general permission ib 138 A right granted as a favour
186
Definition of usucaption and prescription
187
Duty of the prince
188
Usucaption and prescription derived from the law of nature ib 142 What foundation is required for ordinary prescription
189
Claimant alleging reasons for his silence
190
149
191
Several kinds of submission
194
Right of the citizens when the nation submits to a foreign power
195
Acquisition of moveable property
196
These compacts annulled by the failure of protection 95
197
and by the encroachments of the protector ib 199 How the right of the nation protected is lost by her silence 96
198
Difference between the present case and those in the pre ceding chapter 96
200
Duty of the members of a state or subjects of a prince
201
who are in danger 97 226
203
Possession of a country by a nation 98
204
Acquisition of the sovereignty in a vacant country 99
206
How a nation acquires the property of a desert country
207
A question on this subject
208
Whether it be lawful to take possession of part of a country inhabited only by a few wandering tribes 100
209
The state is not bound by such an agreement
210
What is our country 101
212
Inhabitants 102
214
Citizens children born in a foreign country
215
Children born at sea
216
The faith of treaties is sacred
220
Of Safeconducts and Passports with Questions on the Ransom
222
Distinction of a particular case
249
Right of anticipation in the use of
250
Sect Page 282 We ought to reject every interpretation which leads to an absurdity
252
or which renders the act null and void of effect
253
They ought not to make their escape
254
Interpretation founded on the connection of the discourse ib 286 Interpretation drawn from the connection and relation of the things themselves
255
Interpretation founded on the reason of the deed
256
Where many reasons have concurred to determine the will ib 289 What constitutes a sufficient reason for an act of the will
257
Extensive interpretation founded on the reason of the act ib 291 Frauds tending to elude laws or promises
258
Its use in order to avoid falling into absurdities or into what is unlawful
259
or what is too severe and burthensome
260
Right founded on custom
261
Interpretation of a deed in unforeseen cases
262
Expressions susceptible of an extensive and a limited sense
263
the contrary is odious
264
the con trary is odious
265
Things of a mixed nature
266
We ought to attend rather to the words of the person pro
267
Examples
268
How we ought to interpret deeds of pure liberality
270
Collision of laws or treaties
270
The terms are to be explained conformably to common
271
Decorum and moderation to be observed in the manifestoes
272
Of the Mode of terminating Disputes between Nations
273
Sect Page 323 General direction on this subject
274
Every nation is bound to give satisfaction respecting the just complaints of another
275
How nations may abandon their rights and just complaints ib 326 Means suggested by the law of nature for terminating their disputesamicable accom...
276
Terms whose signification admits of degrees
277
Distinction to be made between evident and doubtful cases ib 332 Essential rights and those of less importance
278
She even does an injury to all nations
283
She may acquire an exclusive right by treaties
284
349
287
Popular commotion insurrection sedition
289
Shores and ports
290
in the same deed
291
It belongs only to the sovereign power
292
Defensive and offensive war
293
Right of levying troops
293
A sea inclosed within the territories of a nation
294
Whether there be any exemptions from carrying arms ib 11 Soldiers pay and quarters
296
Hospitals for invalids ib 13 Mercenary soldiers
297
Rule to be observed in their enlistment
298
Subordinate powers in war ib 20 How their promises bind the sovereign
300
CHAP III
301
Justificatory reasons and motives for making war ib 26 What is in general a just cause of war
302
Both justificatory reasons and proper motives requisite in un dertaking a war
303
First rule in cases of collision
312
Second rule
313
Third rule
314
Fourth rule 272
316
Sixth rule 273
318
It is to be distinguished from informal and unlawful
319
Whether women and children are to be accounted enemies
319
Eighth rule 274
320
Tenth rule
321
General remark on the manner of observing all the preced ing rules
322
What the casus fœderis
324
associates
330
How we acquire a right of recurring to force in a doubtful
333
case 280
334
Voluntary law of nations on that subject
335
Equitable conditions to be offered 281
338
Retaliation
339
157
339
Various modes of punishing without having recourse
340
arms 283
341
Reprisals
342
128
343
160
344
The state is bound to compensate those who suffer by re prisals 285
345
The sovereign alone can order reprisals
346
Reprisals against a nation for actions of her subjects and in favour of the injured subjects
347
but not in favour of foreigners
348
Those who have given cause for reprisals are bound to in demnify 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
Whether an enemy may lawfully be assassinated or poisoned
358
426
362
Of the Right of War with respect to Things belonging to the Enemy
364
CHAP XI
377
CHAP XIII
384
13
385
Lands of private persons
387
CHAP XIV
392
Right of postliminium for what is restored at the peace
396
Observance of capitulations and its utility
412
OF THE RESTORATION OF PEACE AND OF EMBASSIES CHAP I
429
Obligation of cultivating it
430
The sovereigns obligation in that respect ib 4 Extent of that duty ib 5 Disturbers of the public peace
431
How far war may be continued ib 7 Peace the end of war
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 con cerns individuals
435
Whether a king who is a prisoner of war can make a peace ib 14 Whether peace can be made with an usurper
436
Allies included in the treaty of peace ib 16 Associates to treat each for himself
437
Amnesty
438
Things not included in the compromise or amnesty ib 23 Former treaties mentioned or confirmed in the new are a part of it
439
When the obligation of the treaty commences
440
Cessation of contributions
442
rily given themselves up
444
Causes of rupture on account of allies
449
of others and to set them good examples
451
Envoys
460
What is due to them in the countries through which they pass
466
91
469
Offences
471
95
475
CHAP VIII
488
CHAP IX
493

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