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, I. c. 3; II. c. 1; III. c. 3--Pufendorf, VIII. c. 6, §
9--Vattel, III. §§ 2, 5, 24-50, 183-187--Lorimer, II. pp.
29-48--Phillimore, III. §§ 33-48--Twiss, II. §§ 26-30--Halleck, I.
pp. 488-519--Taylor, §§ 452-454--Wheaton, §§ 295-296--Bluntschli, §§
515-521--Heffter, § 113--Lueder in Holtzendorff, IV. pp.
221-236--Klüber, §§ 41, 235, 237--G. F. Martens, §§ 265-266--Ullmann,
§ 166--Bonfils, Nos. 1002-1005--Despagnet, No. 506--Pradier-Fodéré,
VI. Nos. 2661-2670--Rivier, II. p. 219--Nys, III. pp. 106-114--Calvo,
IV. §§ 1866-1896--Fichte, _Ueber den Begriff des wahrhaften Krieges_
(1815)--Rettich, _Zur Theorie und Geschichte des Rechts zum Kriege_
(1888), pp. 141-292--Peyronnard, _Des causes de la guerre_ (1901).
[Sidenote: Rules of Warfare independent of Causes of War.]
§ 61. Whatever may be the cause of a war that has broken out, and
whether or no the cause be a so-called just cause, the same rules of
International Law are valid as to what must not be done, may be done,
and must be done by the belligerents themselves in making war against
each other, and as between the belligerents and neutral States. This
being the case, the question as to the causes of war is of minor
importance for the Law of Nations, although not for international
ethics. The matter need not be discussed at all in a treatise on
International Law were it not for the fact that many writers maintain
that there are rules of International Law in existence which determine
and define just causes of war. It must, however, be emphasised that this
is by no means the case. All such rules laid down by writers on
International Law as recognise certain causes as just and others as
unjust are rules of writers, but not rules of International Law based on
international custom or international treaties.
[Sidenote: Causes of War.]
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account