International law; Natural law; War (International law)
II. Among those things, which belong to no one, there are two that
may become the subjects of occupancy; and those are jurisdiction, or
sovereignty and property. For jurisdiction and property are distinct
from each other in their effects. The objects over which sovereignty
may be exercised are of a twofold description, embracing both persons
and things. But this is not the case with property, the right of which
can extend only to the irrational and inanimate part of the creation.
Though it might originally, for the most part, be the same act by which
sovereignty and property were acquired, yet they are in their nature
distinct. SOVEREIGNTY, says Seneca, belongs to PRINCES and PROPERTY
to INDIVIDUALS. The sovereignty therefore, not only over subjects at
home, but over those in the prince's foreign dominions passes with the
hereditary descent of the crown.
III. In places, where sovereignty is already established, the right to
moveables by occupancy, and indeed every original right must give way
to the superior sanction of law. And what any man before held by any
such right, he would afterwards be considered as holding by the laws of
the country. For those original rights were PERMISSIONS of the law of
nature, and not commands that were to be PERPETUALLY enforced. For the
continued establishment of such a right as that by prior occupancy, so
far from promoting the welfare, would operate to the very destruction
of human society. Although it may be said by way of objection, that
the law of nations seems to admit of such a right, yet we may answer
that if such a rule either is or has been commonly received in any part
of the world, it has not the force of a general compact binding upon
different independent nations; but may be considered as one branch of
the civil law of many nations, which any state has a right to continue,
or repeal according to its own pleasure or discretion. There are many
other things indeed which legal writers, in treating of the division
and acquisition of property, consider as forming a part of the law of
nations.
IV. Rivers may be occupied by a country, not including the stream
above, nor that below its own territories. But the waters which wash
its lands form an inseparable part of the current, making its way
to the main sea. For to constitute the right to a property in its
channel, it is sufficient that its sides, inclosed by the banks of that
territory form its greatest part, and that the river itself compared
with the land, makes but a small portion.
Public-domain text, read in full here on John Shaqi.
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