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
[Footnote 501: No preliminaries of peace were agreed upon at the end of
the Russo-Japanese war. After negotiations at Portsmouth (New Hampshire)
had led to a final understanding on August 29, 1905, the treaty of peace
was signed on September 5, and ratified on October 16.]
The purpose for which preliminaries of peace are agreed upon makes it
obvious that such essential terms of peace as are stipulated by the
Preliminaries are the basis of the definitive treaty of peace. It may
happen, however, that neutral States protest for the purpose of
preventing this. Thus, when the war between Russia and Turkey had been
ended through the Preliminaries of San Stefano of March 3, 1878, Great
Britain protested, a Congress met at Berlin, and Russia had to be
content with less favourable terms of peace than those stipulated at San
Stefano.
[Sidenote: Form and Parts of Peace Treaties.]
§ 269. International Law does not contain any rules regarding the form
of peace treaties; they may, therefore, be concluded verbally or in
writing. But the importance of the matter makes the parties always
conclude a treaty of peace in writing, and there is no instance of a
verbally concluded treaty of peace.
According to the different points stipulated, it is usual to distinguish
different parts within a peace treaty. Besides the preamble, there are
general, special, and separate articles. General articles are those
which stipulate such points as are to be agreed upon in every treaty of
peace, as the date of termination of hostilities, the release of
prisoners of war, and the like. Special articles are those which
stipulate the special terms of the agreement of peace in question.
Separate articles are those which stipulate points with regard to the
execution of the general and special articles, or which contain
reservations and other special remarks of the parties. Sometimes
_additional_ articles occur. Such are stipulations agreed upon in a
special treaty following the treaty of peace and comprising stipulations
regarding such points as have not been mentioned in the treaty of peace.
[Sidenote: Competence to conclude Peace.]
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