International law; Natural law; War (International law)
XI. There is another right, which is that of making use of the property
of another, where such use is attended with no prejudice to the owner.
For why, says Cicero, should not any one, when he can do it without
injury to himself, allow another to share with him those advantages,
which are useful to the receiver, and no way detrimental to the giver?
Seneca therefore observes, that it is no favour to allow another to
light his fire from your flame. And in the 7th book of Plutarch's
Symposiacs, we find an observation, that when we have provisions more
than sufficient for our own consumption it is wicked to destroy the
remainder; or after supplying our own wants, to obstruct or destroy the
springs of water; or after having finished our voyage, not to leave
for other passengers the sea-marks, that have enabled us to steer our
course.
XII. Upon the principles already established, a river, as such, is the
property of that people, or of the sovereign of that people, through
whose territories it flows. He may form quays, and buttresses upon that
river, and to him all the produce of it belongs. But the same river,
as a running water, still remains common to all to draw or drink it.
Ovid introduces Latona thus addressing the Lydians, "Why do you refuse
water, the use of which is common?" where he calls water a public gift
that is common to men, taking the word public in a more general sense
than as applied to any PEOPLE, a meaning in which some things are said
to be public by the law of nations. And in the same sense Virgil has
asserted water to be free and open to all men.
Public-domain text, read in full here on John Shaqi.
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