Emer de Vattel

The Law of Nations


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of things belonging to others,

       122. Right of carrying off women,

       123. Right of passage,

       124. and of procuring necessaries,

       125. Right of dwelling in a foreign country,

       126. Things, of which the use is inexhaustible,

       127. Right of innocent use,

       128. Nature of that right in general,

       129. and in cases not doubtful,

       130. Exercise of that right between nations,

       CHAPTER X How a Nation is to use her Right of Domain, in order to discharge her Duties towards other Nations, with respect to the Innocent Use of Things.

       131. General duty of the proprietor,

       132. Innocent passage,

       133. Securities may be required,

       134. Passage of merchandise,

       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,

       143. Immemorial 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.

       152. Nature of 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,

       157. Validity of treaties,

       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,