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 509: The assertion of many writers, that such contracts
between subjects of belligerents as have been suspended by the outbreak
of war revive _ipso facto_ by the conclusion of peace is not the outcome
of a rule of International Law. But just as Municipal Law may suspend
such contracts _ipso facto_ by the outbreak of war, so it may revive
them _ipso facto_ by the conclusion of peace. See above, § 101.]
Attention must be drawn to the fact that the condition of peace created
by a peace treaty is legally final in so far as the order of things set
up and stipulated by the treaty of peace is the settled basis of future
relations between the parties, however contentious the matters concerned
may have been before the outbreak of war. In concluding peace the
parties expressly or implicitly declare that they have come to an
understanding regarding such settled matters. They may indeed make war
against each other in future on other grounds, but they are legally
bound not to go to war over such matters as have been settled by a
previous treaty of peace. That the practice of States does not always
comply with this rule is a well-known fact which, although it discredits
this rule, cannot shake its theoretical validity.
[Sidenote: Principle of _Uti Possidetis_.]
§ 273. Unless the parties stipulate otherwise, the effect of a treaty of
peace is that conditions remain as at the conclusion of peace. Thus, all
moveable State property, as munitions, provisions, arms, money, horses,
means of transport, and the like, seized by an invading belligerent
remain his property, as likewise do the fruits of immoveable property
seized by him. Thus further, if nothing is stipulated regarding
conquered territory, it remains in the hands of the possessor, who may
annex it. But it is nowadays usual, although not at all legally
necessary, for the conqueror desirous of retaining conquered territory
to stipulate cession of such territory in the treaty of peace.
[Sidenote: Amnesty.]
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