International law; Natural law; War (International law)
XXI. It is supposed to be generally agreed among mankind, that the
privileges, which any nation grants promiscuously to the subjects
of foreign powers or countries, are the common right of all.[20]
Consequently the exclusion of any one people from these rights would
be considered as an injury to that people. Thus, wherever foreigners
in general are allowed to hunt, to fish, to shoot, to gather pearls,
to succeed to property by testament, to sell commodities, or to form
intermarriages, the same privileges cannot be refused to any particular
people, unless they have by misconduct forfeited their right. On which
account the tribe of Benjamin was debarred from intermarrying with
other tribes.
XXII. It has sometimes been a subject of inquiry whether one nation
may lawfully agree with another to exclude all nations but herself
from purchasing certain productions, which are the peculiar growth of
her soil. An agreement which, it is evident, may be lawfully made; if
the purchaser intends to supply other nations with those articles at a
reasonable price. For it is a matter of indifference to other nations
OF WHOM they purchase, provided they can have a reasonable supply for
their wants. Nor is there any thing unlawful in allowing one people
an advantage over another in this respect, particularly for a nation
who has taken another under her protection and incurred expence on
that account. Now such a monopoly, under the circumstances already
mentioned, is no way repugnant to the law of nature,[21] though it
may be sometimes for the interest of the community to prohibit it by
express laws.
CHAPTER III.
ON THE ORIGINAL ACQUISITION OF THINGS, AND THE RIGHT OF PROPERTY IN
SEAS AND RIVERS.
Specification of moveable property--The difference between
sovereignty and property--The right to moveables by occupancy may
be superseded by law--Rivers may be occupied--Right to seas--On the
treaties binding a people not to navigate the seas beyond certain
bounds--Inquiry into the nature of the change which a river,
changing its course, makes in the adjoining territories--What
determination is to be made, where the river has entirely
changed its channel--Sometimes a whole river may accrue to a
territory--Things deserted belong to the first occupier.
I. Among the means of acquiring property, Paulus the Lawyer reckons
one, which seems most natural, and that is, if by the ingenuity of
art, or the exertions of labour we have given to any production its
existence among the works of man. Now as nothing can naturally be
produced, except from some materials before in existence, it follows
that, if those materials were our own, the possession of them under any
new shape, or commodity is only a CONTINUATION of our former property;
if they belonged to no one, our possession comes under the class of
title by occupancy: but if they were another's, no improvement of ours
can by the law of nature give us a right of property therein.
Public-domain text, read in full here on John Shaqi.
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