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
§ 276. The question how far a peace treaty has the effect of reviving
treaties concluded between the parties before the outbreak of war is
much controverted. The answer depends upon the other question, how far
the outbreak of war cancels existing treaties between belligerents.[518]
There can be no doubt that all such treaties as have been cancelled by
the outbreak of war do not revive. On the other hand, there can likewise
be no doubt that such treaties as have only become suspended by the
outbreak of war do revive. But no certainty or unanimity exists
regarding such treaties as do not belong to the above two classes, and
it must, therefore, be emphasised that no rule of International Law
exists concerning these treaties. It is for the parties to make such
special stipulations in the peace treaty as will settle the matter.
[Footnote 518: See the very detailed discussion of the question in
Phillimore, III. §§ 529-538; see also above, § 99.]
VI
PERFORMANCE OF TREATY OF PEACE
Grotius, III. c. 20--Vattel, IV. §§ 24-34--Phillimore, III. §
597--Halleck, I. pp. 322-324--Taylor, §§ 593-594--Wheaton, §§
548-550--Bluntschli, §§ 724-726--Heffter, § 184--Kirchenheim in
Holtzendorff, IV. pp. 817-822--Ullmann, § 199--Bonfils, Nos.
1706-1709--Despagnet, Nos. 612 and 613--Rivier, II. pp.
459-461--Calvo, V. §§ 3164-3168--Fiore, III. Nos.
1704-1705--Martens, II. § 128--Longuet, §§ 156-164--Mérignhac, pp.
336-337.
[Sidenote: Treaty of Peace, how to be carried out.]
§ 277. The general rule, that treaties must be performed in good faith,
applies to peace treaties as well as to others. The great importance,
however, of a treaty of peace and its special circumstances and
conditions make it necessary to draw attention to some points connected
with the performance of treaties of peace. Occupied territory may have
to be evacuated, a war indemnity to be paid in cash, boundary lines of
ceded territory may have to be drawn, and many other tasks performed.
These tasks often necessitate the conclusion of numerous treaties for
the purpose of performing details of the peace treaty concerned, and the
appointment of commissioners who meet in conference to inquire into
details and prepare a compromise. Difficulties may arise in regard to
the interpretation[519] of certain stipulations of the peace treaty
which arbitration will settle if the parties cannot agree.
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