Law of nations

“ The whole complex system of the Law of Nations, overarching all the Christian nations, has but one distinct object,—the administration of justice between nations. Would that with tongue or pen I could adequately expose the enormity of this system, involving, as it does, the precepts of religion, the dictates of common sense, the suggestions of economy, and the most precious sympathies of humanity! ”

“ In our domestic affairs all acts are brought to the Constitution, as to a touchstone; so in our foreign affairs all acts are brought to the touchstone of the Law of Nations,—that supreme law, the world's collected will, which overarches the Grand Commonwealth of Christian States. ”

“ Since the Law of Nations is based on the common consent of individual States, and not of individual human beings, States solely and exclusively are the subjects of International Law. This means that the Law of Nations is a law for the international conduct of States, and not of their citizens. ”

“ It is evident, that the whole weight of the recognized and accepted law of nations is thrown on the side of justice between nation and nation, and is the recognized and accepted standard of the obligation involved in compacts between nation and nation. ”

“ It is only upon this construction that the Law of Nations can be said to exist, as “there is no superordinate authority to enforce it.” It is accordingly asserted that the law of nations is not really law. ”

“ It is evident, therefore, that the one fundamental right, of which the “law of nations” is at once the expression and the guardian, is the right of every nation to just treatment from other nations, the right of even the smallest republic equally with “the most powerful kingdom.” ”

“ I have already said that international law, as distinguished from the law of nations, requires to be constantly discriminated by the intellect or the conscience of mankind, and more especially now that diplomatists are no longer legists. ”

“ The Law of Nations is founded, I have said, on the general principles of right and justice, on the broad fundamental distinctions between right and wrong, or as Montesquieu defines it, "on the principle that nations ought in time of peace to do each as much good, and in time of war as little harm as possible." ”

“ A State, therefore, cannot exclude aliens altogether from its territory without violating the spirit of the Law of Nations and endangering its very membership of the Family of Nations. But no State actually does exclude aliens altogether. ”

“ IN every government there are three sorts of power: the legislative, the executive in respect to things dependent on the law of nations; and the executive, in regard to things that depend on the civil law.
By virtue of the first, the prince or magistrate enacts temporary or perpetual laws, and amends or abrogates those that have been already enacted. By the second, he makes peace or war, sends or receives embassies, establishes the public security, and Book XI.
Chap. 6.provides against invasions. By the third, he punishes criminals, or determines the disputes that arise between individuals. ”

“ As to the political part of my mission, I humbly claim that the United States may pronounce what is or should be the law of nations—such as they can recognize consistently with the basis upon which their own existence is established, and consistently with their own republican principles. ”

“ But the Law of Nations,—and here is a point of infinite importance to the clear understanding of the subject,—while anticipating and providing for controversies between nations, recognizes and establishes War as final Arbiter. It distinctly says to nations, "If you cannot agree together, then stake your cause upon Trial by Battle." ”

“ It is obvious, that this power has an intimate connection and relation with the power to regulate commerce and intercourse with foreign nations, and the rights and duties of the national government in peace and war, arising out of the law of nations. ”

“ For how could International Law, which is a law between States, give rights to individuals concerning their relations to a State? What the Law of Nations really does concerning individuals, is to impose the duty upon all the members of the Family of Nations to grant certain privileges to such foreign heads of States and diplomatic envoys, and certain rights to such foreign citizens as are on their territory. ”

“ But from certain quarters it may be avowed, "Well, we acknowledge every nation's sovereign right; we acknowledge it to be a law of nations that no foreign power interfere in the affairs of another, and we are determined to respect this common law of mankind; but if others do not respect that law it is not ours to meddle with them." Let me answer by an analysis:—Every nation has the same interest in international, law as a private individual has in the laws of his country. That is an acknowledged principle with your statesmen. ”

“ The system of international law professes to be a code of rules which ought to govern, and in fact in a great degree does govern, the conduct of independent nations in their dealings with one another.... ”

“ Have not monarchs and other heads of States, diplomatic envoys, and even simple citizens certain rights according to the Law of Nations whilst on foreign territory? If we look more closely into these rights, it becomes quite obvious that they are not given to the favoured individual by the Law of Nations directly. ”

“ I consider myself as stationed here, not to deliver occasional and shifting opinions to serve present purposes of particular national interest, but to administer with indifference that justice which the Law of Nations holds out, without distinction, to independent states, some happening to be neutral, and some belligerent. ”

“ Now there is no reason why this rule, good in itself, and congruous to the spirit and maxims of the law of nations, should not have been embodied as a fundamental article in the code; for the law of nations is not a dead-letter, but, like everything that is of tradition, easily lending itself to adaptation and development according to the changing circumstances of the world. ”

“ If the law of nations ever was appealed to, and, if over and above, there was a tradition of a Divine revelation, or even of a prescriptive law founded on natural right, and having reference to war, which was ever invoked, it would have been in the first instance of aggression, supposing, as is implied in the term, that it was without fair cause and without fair warning. The declaration of war, therefore, is manifestly the hinge upon which the whole system of the law of nations turns. ”

“ International law is further divisible into two kinds, which may be distinguished as the common law of nations and the particular law of nations. The common law is that which prevails universally or at least generally among all civilised states, being based on their unanimous or general agreement, express or implied. ”

“ Thus it becomes apparent here, as elsewhere, that the Law of Nations is intimately connected with the interests of all the States, and that they must themselves secure the maintenance and realisation of this law. This condition of things tends naturally to hamper more the ambitions of weaker States than those of the several Great Powers, but it seems unalterable. ”

“ The intimate lien which exists between the private international law and the law of nations brings up a redoubtable problem. Is there a law of nations? Those who deny it have strong reasons for doubting. Can there be a law without a legislature ”

“ The Declaration of Independence recognised the European law of nations, as practised among Christian nations, to be that by which they considered themselves bound, and of which they claimed the rights. This system is founded upon the principle that the state of nature between men and between nations is a state of peace. ”

“ A fundamental doctrine of international law is that of the equality of nations. If a clear and unequivocal expression of it be desired, it may be found in the opinion of Marshall in the case of "The Antelope." "No nation," he declared, "can make a law of nations. No principle is more universally acknowledged than the perfect equality of nations. ”

“ Although nationality alone is the regular means through which individuals can derive benefit from the Law of Nations, there are two exceptional cases in which individuals may come under the international protection of a State without these individuals being really its subjects. ”

“ The general principle of the law of nations, already stated, is that acquired territory, in the absence of agreement to the contrary, will bear such relation to the acquiring government as may be by it determined. ”

“ It is ‘necessary,’ because nations are absolutely bound to observe it. This law contains the precepts prescribed by the law of nature to States, on whom that law is not less obligatory than on individuals; since States are composed of men, their resolutions are taken by men, and the law of nations is binding on all men, under whatever relation they act. ”

“ The law of the subject, as embodied in general international [095] national agreements, is to be found in four paragraphs; to which, be it observed, nothing is added by the unwritten, or customary, law of nations. Of these paragraphs, which I shall set out textually, three affirm general principles, while the fourth contains a specific prohibition. The general provisions are as follows:—
"The progress of civilisation should have the effect of alleviating as much as possible the calamities of war. ”