International Law. A Treatise. Volume 2 (of 2): War and Neutrality. Second EditionOppenheim, L. (Lassa)
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International Law. A Treatise. Volume 2 (of 2): War and Neutrality. Second Edition
Oppenheim, L. (Lassa)
International law
§ 262. The regular modes of termination of war are treaties of peace or
subjugation, but cases have occurred in which simple cessation of all
acts of war on the part of both belligerents has actually and informally
brought the war to an end. Thus ended in 1716 the war between Sweden and
Poland, in 1720 the war between Spain and France, in 1801 the war
between Russia and Persia, in 1867 the war between France and Mexico.
And it may also be mentioned that, whereas the war between Prussia and
several German States in 1866 came to an end through subjugation of some
States and through treaties of peace with others, Prussia has never
concluded a treaty of peace with the Principality of Lichtenstein, which
was also a party to the war. Although such termination of war through
simple cessation of hostilities is for many reasons inconvenient, and
is, therefore, as a rule avoided, it may nevertheless in the future as
in the past occasionally occur.
[Sidenote: Effect of Termination of War through simple Cessation of
Hostilities.]
§ 263. Since in the case of termination of war through simple cessation
of hostilities no treaty of peace embodies the conditions of peace
between the former belligerents, the question arises whether the
_status_ which existed between the parties before the outbreak of war,
the _status quo ante bellum_, should be revived, or the _status_ which
exists between the parties at the time when they simply ceased
hostilities, the _status quo post bellum_ (the _uti possidetis_), can be
upheld. The majority of publicists[495] correctly maintain that the
_status_ which exists at the time of cessation of hostilities becomes
silently recognised through such cessation, and is, therefore, the basis
of the future relations of the parties. This question is of the greatest
importance regarding enemy territory militarily occupied by a
belligerent at the time hostilities cease. According to the correct
opinion such territory can be annexed by the occupier, the adversary
through the cessation of hostilities having dropped all rights he
possessed over such territory. On the other hand, this termination of
war through cessation of hostilities contains no decision regarding such
claims of the parties as have not been settled by the actual position of
affairs at the termination of hostilities, and it remains for the
parties to settle them by special agreement or to let them stand over.
[Footnote 495: See, however, Phillimore, III. § 511, who maintains that
the _status quo ante bellum_ has to be revived.]
III
SUBJUGATION
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