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ON THE RIGHTS AND DUTIES OF NATIONS

IN TIME OF WAR.

BY

TRAVERS TWISS, D.C.L.

REGIIS PROFESSOR OF CIVIL LAW IN THE UNIVERSITY OF OXFORD,

AND ONE OF HER MAJESTY'S COUNSEL.

OXFORD:

AT THE CLARENDON PRESS.

LONDON:

LONGMAN, GREEN, LONGMAN, AND ROBERTS.

MDCCCLXIII.

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Trichard Noapsny

- Melbourne

June 1874,

PREFACE.

THE Author has endeavoured, in treating of the Rights and Duties of Nations in time of War, to observe, as far as the subject would permit, the same method of investigation, which he had found eminently convenient in discussing the Rights and Duties of Nations in time of Peace. He has accordingly sought to ascertain under each head the leading Principles, which lie at the foundation of the Law, by an historical analysis of the Practice which has prevailed amongst Nations at various times, as the earlier Practice will be found in most instances to disclose some general Principle, based upon an absolute view of Belligerent Right, the application of which has become modified in modern Practice, either under the civilising influence of Commerce, or in deference to some conflicting Right of Neutrals.

If the process of this Modification be carefully traced, Commerce will be found to have exerted its civilising influence chiefly through the form of express Treaty-Engagements, concluded in time of Peace upon a deliberate view of the mutual interest of the contracting Parties; whilst the adjustment of Belligerent Right with the conflicting Right of Neutrals has been for the most part the result of a tacit agreement between the Neutral and the Belligerent, the acquiescence of the Neutral in each case being purchased by a concession from the Belligerent of no little importance to the general Peace of the World.

History, in its relation to the Rights of War, may truly be said to be Philosophy teaching by Example; and the wider and more complete the historical survey will have been, the more irresistible will be the conclusion, that the employment of Force on the part of Nations in the prosecution of Right against other Nations has become subject to Rules, which are in accordance with Reason, and have the Common Weal for their object.

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