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
Grotius, III. c. 9--Bynkershoek, _Quaest. jur. publ._ I. c. 15 and
16--Vattel, III. §§ 204-222--Hall, §§ 162-166--Manning, pp.
190-195--Phillimore, III. §§ 568-590--Halleck, II. pp.
500-526--Taylor, § 595--Wheaton, § 398--Bluntschli, §§
727-741--Heffter, §§ 188-192--Kirchenheim in Holtzendorff, IV. pp.
822-836--Bonfils, No. 1710--Despagnet, No. 611--Nys, III. pp.
738-739--Rivier, II. pp. 314-316--Calvo, V. §§ 3169-3226--Fiore,
III. Nos. 1706-1712--Martens, II. § 128--Pillet, p. 377.
[Sidenote: Conception of Postliminium.]
§ 279. The term "postliminium" is originally one of Roman Law derived
from _post_ and _limen_ (_i.e._ boundary). According to Roman Law the
relations of Rome with a foreign State depended upon the fact whether or
not a treaty of friendship[522] existed. If such a treaty was not in
existence, Romans entering the foreign State concerned could be
enslaved, and Roman goods taken there could be appropriated. Now, _jus
postliminii_ denoted the rule, firstly, that such an enslaved Roman,
should he ever return into the territory of the Roman Empire, became
_ipso facto_ a Roman citizen again with all the rights he possessed
previous to his capture, and, secondly, that Roman property,
appropriated after entry into the territory of a foreign State, should
at once upon being taken back into the territory of the Roman Empire
_ipso facto_ revert to its former Roman owner. Modern International and
Municipal Law have adopted the term for the purpose of indicating the
fact that territory, individuals, and property, after having come in
time of war under the sway of the enemy, return either during the war or
with the end of the war under the sway of their original Sovereign. This
can occur in different ways. An occupied territory can voluntarily be
evacuated by the enemy and then at once be reoccupied by the owner. Or
it can be reconquered by the legitimate Sovereign. Or it can be
reconquered by a third party and restored to its legitimate owner.
Conquered territory can also be freed through a successful levy _en
masse_. Property seized by the enemy can be retaken, but it can also be
abandoned by the enemy and subsequently revert to the belligerent from
whom it was taken. And, further, conquered territory can in consequence
of a treaty of peace be restored to its legitimate Sovereign. In all
cases concerned, the question has to be answered what legal effects the
postliminium has in regard to the territory, the individuals thereon, or
the property concerned.
[Footnote 522: See above, vol. I. § 40.]
[Sidenote: Postliminium according to International Law, in
contradistinction to Postliminium according to Municipal Law.]
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