International Law. A Treatise. Volume 2 (of 2): War and Neutrality. Second EditionOppenheim, L. (Lassa)
History
International Law. A Treatise. Volume 2 (of 2): War and Neutrality. Second Edition
Oppenheim, L. (Lassa)
International law
§ 267. However, as the outbreak of war interrupts all regular
non-hostile intercourse between belligerents, negotiations for peace are
often difficult of initiation. Each party, although willing to
negotiate, may have strong reasons for not opening negotiations. Good
offices and mediation on the part of neutrals, therefore, always are of
great importance, as thereby negotiations are called into existence
which otherwise might have been long delayed. But it must be emphasised
that neither formal nor informal peace negotiations do _ipso facto_
bring hostilities to a standstill, although a partial or general
armistice may be concluded for the purpose of such negotiations. The
fact that peace negotiations are going on directly between belligerents
does not create any non-hostile relations between them apart from those
negotiations themselves. Such negotiations can take place by the
exchange of letters between the belligerent Governments, or through
special negotiators who may meet on neutral territory or on the
territory of one of the belligerents. In case they meet on belligerent
territory, the enemy negotiators are inviolable and must be treated on
the same footing as bearers of flags of truce, if not as diplomatic
envoys. For it can happen that a belligerent receives an enemy
diplomatic envoy for the purpose of peace negotiations. Be that as it
may, negotiations, wherever taking place and by whomsoever conducted,
may always be broken off before an agreement is arrived at.
[Sidenote: Preliminaries of Peace.]
§ 268. Although ready to terminate the war through a treaty of peace,
belligerents are frequently not able to settle all the terms of peace at
once. In such cases hostilities are usually brought to an end through
so-called preliminaries of peace, the definite treaty, which has to take
the place of the preliminaries, being concluded later on. Such
preliminaries are a treaty in themselves, embodying an agreement of the
parties regarding such terms of peace as are essential. Preliminaries
are as binding as any other treaty, and therefore they need
ratification. Very often, but not necessarily, the definitive treaty of
peace is concluded at a place other than that at which the preliminaries
were settled. Thus, the war between Austria, France, and Sardinia was
ended by the Preliminaries of Villafranca of July 11, 1859, yet the
definitive treaty of peace was concluded at Zurich on November 10, 1859.
The war between Austria and Prussia was ended by the Preliminaries of
Nickolsburg of July 26, 1866, yet the definitive treaty of peace was
concluded at Prague on August 23. In the Franco-German War the
Preliminaries of Versailles of February 26, 1871, were the precursor of
the definitive treaty of peace concluded at Frankfort on May 10,
1871.[501]
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