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 519: See above, vol. I. §§ 553-554.] Arrangements may have to
be made for the case in which a part or the whole of the territory
occupied during the war remains, according to the peace treaty, for some
period under military occupation, such occupation to serve as a means of
securing the performance of the peace treaty.[520] One can form an idea
of the numerous points of importance to be dealt with during the
performance of a treaty of peace if one takes into consideration the
fact that, after the Franco-German War was terminated in 1871 by the
Peace of Frankfort, more than a hundred Conventions were successively
concluded between the parties for the purpose of carrying out this
treaty of peace.
[Footnote 520: See above, vol. I. § 527.]
[Sidenote: Breach of Treaty of Peace.]
§ 278. Just as is the performance, so is the breach of peace treaties of
great importance. A peace treaty can be violated in its entirety or in
one of its stipulations only. Violation by one of the parties does not
_ipso facto_ cancel the treaty, but the other party may cancel it on the
ground of violation. Just as in connection with violation of treaties in
general, so in violations of treaties of peace, some publicists maintain
that a distinction must be drawn between essential and non-essential
stipulations, and that violation of essential stipulations only creates
a right of cancelling the treaty of peace. It has been shown above, Vol.
I. § 547, that the majority of publicists rightly oppose the
distinction.
But a distinction must be made between violation during the period in
which the conditions of the peace treaty have to be fulfilled, and
violation after such period. In the first case, the other party may at
once recommence hostilities, the war being considered not to have
terminated through the violated peace treaty. The second case, which
might happen soon or several years after the period for the fulfilment
of the peace conditions, is in no way different from violation of any
treaty in general. And if a party cancels the peace treaty and wages war
against the offender who violated it, this war is a new war, and in no
way a continuation of the previous war which was terminated by the
violated treaty of peace. It must, however, be specially observed that,
just as in case of violation of a treaty in general, so in case of
violation of a peace treaty, the offended party who wants to cancel the
treaty on the ground of its violation must do this in reasonable time
after the violation has taken place, otherwise the treaty remains valid,
or at least the non-violated parts of it. A mere protest neither
constitutes a cancellation nor reserves the right of cancellation.[521]
[Footnote 521: See above, vol. I. § 547.]
VII
POSTLIMINIUM
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