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THE LAW OF NATIONS - LONANG Institute

THE LAW OF NATIONS . OR THE PRINCIPLES. OF NATURAL LAW. IN FOUR BOOKS (1758). By EMMERICH DE VATTEL. Translated into English by Joseph Chitty, Esq. (1833). Spelling has been modernized. This electronic edition Copyright 2003, 2005 LONANG Institute Table of Contents Prefaces and Advertisement (1797 and later) .. 1. 1758 Preface by the Author .. 3. Preliminaries .. 13. BOOK 1: Of NATIONS Considered in Themselves Chap. 1: Of NATIONS or Sovereign States .. 26. Chap. 2: General Principles of the Duties of a Nation Towards Herself .. 29. Chap. 3: Of the Constitution of a State, and its Duties and Rights .. 34. Chap. 4: Of the Sovereign, His Obligations, and His Rights.

ranks of society. And, as regards lawyers, it contains the clearest rules of construing private contracts, and respecting the Admiralty and Insurance Law. The positions of the author, moreover, have been so sensibly and clearly supported and …

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Transcription of THE LAW OF NATIONS - LONANG Institute

1 THE LAW OF NATIONS . OR THE PRINCIPLES. OF NATURAL LAW. IN FOUR BOOKS (1758). By EMMERICH DE VATTEL. Translated into English by Joseph Chitty, Esq. (1833). Spelling has been modernized. This electronic edition Copyright 2003, 2005 LONANG Institute Table of Contents Prefaces and Advertisement (1797 and later) .. 1. 1758 Preface by the Author .. 3. Preliminaries .. 13. BOOK 1: Of NATIONS Considered in Themselves Chap. 1: Of NATIONS or Sovereign States .. 26. Chap. 2: General Principles of the Duties of a Nation Towards Herself .. 29. Chap. 3: Of the Constitution of a State, and its Duties and Rights .. 34. Chap. 4: Of the Sovereign, His Obligations, and His Rights.

2 38. Chap. 5: Of States, Elective, Successive, Hereditary and Patrimonial .. 47. Chap. 6: Principal Objects of a Good Government; First, to Provide for Necessities .. 55. Chap. 7: Of the Cultivation of the Soil .. 57. Chap. 8: Of Commerce .. 59. Chap. 9: Of the Care of the Public Ways; and of Tolls .. 66. Chap. 10: Of Money and Exchange .. 68. Chap. 11: Second Object of a Good Government, to Procure True Happiness .. 71. Chap. 12: Of Piety and Religion .. 78. Chap. 13: Of Justice and Polity .. 96. Chap. 14: Third Object of a Good Government, to Fortify Itself Against Attacks .. 104. Chap. 15: Of the Glory of a Nation .. 108. Chap. 16: Protection Sought by a Nation, and Submission to a Foreign Power.

3 111. Chap. 17: How a Nation May Renounce Her Allegiance to Her Sovereign .. 114. Chap. 18: Establishment of a Nation in a Country .. 116. Chap. 19: Of Our Native Country, and Several Things That Relate to It .. 119. Chap. 20: Public, Common, and Private Property .. 127. Chap. 21: Of the Alienation of the Public Properly, or the Domain .. 133. Chap. 22: Of Rivers, Streams, and Lakes .. 136. Chap. 23: Of the Sea .. 141. BOOK 2: Of A Nation Considered in Her Relation to Other States Chap. 1: Of the Common Duties of a Nation Towards Other States .. 149. Chap. 2: Of the Mutual Commerce Between NATIONS .. 158. Chap. 3: Of the Dignity and Equality of NATIONS , of Titles, and Honor.

4 164. Chap. 4: Of the Right to Security, and the Independence of NATIONS .. 169. Chap. 5: Of the Observance of Justice between NATIONS .. 174. Chap. 6: Of the Concern a Nation May Have in the Actions of Her Citizens .. 176. Chap. 7: Effects of the Domain, Between NATIONS .. 179. Chap. 8: Rules Respecting Foreigners .. 188. Chap. 9: Rights Retained after the Introduction of Domain and Property .. 197. Chap. 10: How a Nation Is to Use Her Right of Domain .. 202. Chap. 11: Of Usucaption and Prescription between NATIONS .. 206. Chap. 12: Of Treaties of Alliance and Other Public Treaties .. 211. Chap. 13: Of the Dissolution and Renewal of Treaties.

5 228. Chap. 14: Of Conventions Between the Sovereign and Private Persons .. 232. Chap. 15: Of the Faith of Treaties .. 241. Chap. 16: Of Securities Given for the Observance of Treaties .. 247. Chap. 17: Of the Interpretation of Treaties .. 255. Chap. 18: Of the Mode of Terminating Deputes Between NATIONS .. 281. BOOK 3: Of War Chap. 1: Of War, its Different Kinds, and the Right of Making War .. 295. Chap. 2: Of the Instruments of War, the Raising of Troops, etc.. 297. Chap. 3: Of the Just Causes of War .. 304. Chap. 4: Of the Declaration of War, and of War in Due Form .. 315. Chap. 5: Of the Enemy, and of Things Belonging to the Enemy .. 321.

6 Chap. 6: Of the Enemy's Allies, Associations, Auxiliaries and Subsidies .. 324. Chap. 7: Of Neutrality, and the Passage of Troops through a Neutral Country .. 332. Chap. 8: Of the Rights of NATIONS in War, What We Have a Right to Do .. 344. Chap. 9: Of the Right of War, with Respect to Things Belonging to the Enemy .. 359. Chap. 10: Of Faith Between Enemies, of Stratagems, Artifices in War, and Spies .. 365. Chap. 11: Of the Sovereign Who Wages an Unjust War .. 371. Chap. 12: Of the Voluntary Law of NATIONS , as it Regards Regular Warfare .. 373. Chap. 13: Of Acquisitions by War, and Particularly of Conquests .. 376. Chap. 14: Of the Right of Postliminium.

7 385. Chap. 15: Of the Right of Private Persons in War .. 391. Chap. 16: Of Various Conventions Made During the Course of the War .. 396. Chap. 17: Of Safe-conducts and Passports, and Questions of Ransom .. 407. Chap. 18: Of Civil War .. 412. BOOK 4: Of The Restoration of Peace: And of Embassies Chap. 1: Of Peace, and the Obligation to Cultivate It .. 418. Chap. 2: Treaties of Peace .. 421. Chap. 3: Of the Execution of the Treaty of Peace .. 428. Chap. 4: Of the Observance and Breach of the Treaty of Peace .. 432. Chap. 5: Of the Right of Embassy, of Sending and Receiving Public Ministers .. 439. Chap. 6: Of the Several Orders of Public Ministers, and the Honors Due.

8 444. Chap. 7: Of the Rights, Privileges, and Immunities of Ambassadors, etc.. 449. Chap. 8: Of the Judge of Ambassadors in Civil Cases .. 469. Chap. 9: Of the Ambassador's House and Domestics .. 474. Vattel: Law of NATIONS or Principles of Natural Law (1758) Page 1. Preface to 1852 Edition The text of the present translation of Vattel has been carefully compared with that of the original work, in the first edition which appeared, (Londres, 1758, 2 vol. in quarto,) published at Neufchatel;. in that of Amsterdam, (Van Harrevelt, 1775, 2 vol. in quarto,) the best known till recently; and in that of M. de Hoffmans, (Paris, 1839, 2 vol. in octavo,) the last and best edition.

9 Great care has been taken also in regard to the British decisions cited by the English editor. It was discovered, that many inaccuracies existed in the citations, particularly in the names of the cases cited, which have been corrected by references to the original reports of the decisions: and wherever it appeared that the notes of the English editor required additions to render the doctrine advanced in them clearer, or more intelligible, such additions have been made; care having been taken to distinguish the matter added by enclosing it in brackets. The editor regrets very much that the size of the volume which would have been too much increased by such an extension did not permit him to annex to it the "Bibliographie choisie et systematique du Droit de la Nature et des Gens, et du Droit Public," of M.

10 De Hoffmans, which is an excellent guide in the choice of Works upon a subject much less attended to than is demanded by its importance. Philadelphia, Sept. 29,1852. Advertisement to The 1797 Edition IN undertaking this new edition of Monsieur De Vattel's treatise, it was not my intention to give what might strictly be called a new translation. To add the author's valuable notes from the posthumous edition, printed at Neufchatel in 1773, to correct some errors I had observed in the former version, and occasionally to amend the language where doubtful or obscure, were the utmost limits of my original plan. As I proceeded, however, my alterations became more numerous.


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