Emer de Vattel

The Law of Nations


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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,

       229. Asseverations,

       230. The faith of treaties does not depend on the difference of religion,

       231. Precaution to be taken in wording treaties,

       232. Subterfuges in treaties,

       233. An evidently false interpretation inconsistent with the faith of treaties,

       234. Faith tacitly pledged,

       CHAPTER XVI Of Securities given for the Observance of Treaties.

       235. Guaranty,

       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,

       240. Treaties with surety,

       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,

       245. Hostages,

       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,

       253. Rank of the hostages,

       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,

       261. Right founded on custom,

       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,

       264. Second general maxim—if he who could and ought to have explained himself, has not done it, it is to his own detriment,

       265. Third general maxim—neither of the contracting parties has a right to interpret the treaty according to his own fancy,

       266. Fourth general maxim—what is sufficiently declared, is to be taken for true,

       267. We ought to attend rather to the words of the person promising, than to those of the party stipulating,

       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,

       273. Quibbles on words,

       274. A rule on that subject,

       275. Mental reservations,

       276. Interpretation of technical terms,

       277. Terms whose signification admits of degrees,

       278. Figurative expressions, <xl>

       279. Equivocal expressions,

       280. The rule for these two cases,