International law; Natural law; War (International law)
VI. From equal treaties, the nature of unequal treaties may easily
be understood. And where two powers contract, this inequality may
be on the side either of the superior, or of the inferior power.
A superior power may be said to make an unequal treaty, when it
promises assistance without stipulating for any return, or gives
greater advantages than it engages to receive. And on the part of the
inferior power this inequality subsists when, as Isocrates says in his
PANEGYRIC, her privileges are unduly depressed; so that engagements of
this kind may be called injunctions or commands rather than treaties.
And these may, or may not, be attended with a diminution of their
sovereign power.
Such a diminution of sovereign power followed the second treaty between
the Carthaginians and Romans, by which the former were bound to make
no war but with the consent of the Roman people; so that from that
time, Appian says, the Carthaginians were compelled by treaty to comply
with the humour of the Romans. To this kind may be added a conditional
surrender, except that it leads not to a DIMINUTION, but to an ENTIRE
TRANSFER of the sovereign dignity and power.
VII. The burdens attached to unequal treaties, where no diminution of
sovereignty takes place, may be either transitory or permanent.
TRANSITORY burdens are those, by which the payment of certain sums of
money is imposed, the demolition of certain works and fortifications,
the cession of certain countries and the delivery of ships or hostages
are required. But PERMANENT conditions are those, which require the
tribute of homage and submission from one power to another.
Nearly approaching to such treaties are those, by which one power is
debarred from having any friends or enemies, but at the pleasure of
another, or from allowing a passage and supplies to the troops of any
state, with whom that power may be at war. Besides these there may be
conditions of an inferior and less important kind; such as those, which
prohibit the building of forts in certain places; maintaining armies,
or having ships beyond a certain number; navigating certain seas, or
raising troops in certain countries; attacking allies or supplying
enemies. Some conditions indeed go so far as to prohibit a state from
admitting refugees, and to demand annulling all former engagements with
every other power. Numerous examples of such treaties are to be found
in historians both ancient and modern.
Unequal treaties may be made not only between the conquerors and the
conquered but also between mighty and impotent states, between whom no
hostilities have ever existed.
VIII. In considering treaties, it is frequently asked, whether it be
lawful to make them with nations, who are strangers to the Christian
religion; a question, which, according to the law of nature, admits not
of a doubt. For the rights, which it establishes, are common to all men
without distinction of religion.
Public-domain text, read in full here on John Shaqi.
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