International Law. A Treatise Volume I

INTRODUCTION

CHAPTER I--FOUNDATION OF THE LAW OF NATIONS

I. _The Law of Nations as Law_

SECT. PAGE

1. Conception of the Law of Nations 3
2. Legal Force of the Law of Nations contested 4
3. Characteristics of Rules of Law 6
4. Law-giving authority not essential for the existence of
Law 6
5. Definition and Three Essential Conditions of Law 8
6. Law not to be identified with Municipal Law 9
7. The "Family of Nations" a Community 9
8. The "Family of Nations" a Community with Rules of Conduct 11
9. External Power for the enforcement of Rules of
International Conduct 13
10. Practice recognises Law of Nations as Law 14

II. _Basis of the Law of Nations_

11. Common Consent the Basis of Law 15
12. Common Consent of the Family of Nations the Basis of
International Law 16
13. States the Subjects of the Law of Nations 19
14. Equality an Inference from the Basis of International Law 20

III. _Sources of the Law of Nations_

15. Source in Contradistinction to Cause 20
16. The Two Sources of International Law 21
17. Custom in Contradistinction to Usage 22
18. Treaties as Source of International Law 23
19. Factors influencing the Growth of International Law 24

IV. _Relations between International and Municipal Law_

20. Essential Difference between International and Municipal
Law 25
21. Law of Nations never per se Municipal Law 26
22. Certain Rules of Municipal Law necessitated or
interdicted 27
23. Presumption against conflicts between International and
Municipal Law 28
24. Presumption of Existence of certain necessary
Municipal Rules 28
25. Presumption of the Existence of certain Municipal Rules in
Conformity with Rights granted by the Law of Nations 28

V. _Dominion of the Law of Nations_

26. Range of Dominion of International Law controversial 30
27. Three Conditions of Membership of the Family of Nations 31
28. Present Range of Dominion of the Law of Nations 32
29. Treatment of States outside the Family of Nations 34

VI. _Codification of the Law of Nations_

30. Movement in Favour of Codification 35
31. Work of the First Hague Peace Conference 37
32. Work of the Second Hague Peace Conference and the Naval
Conference of London 38
33. Value of Codification of International Law contested 40
34. Merits of Codification in general 40
35. Merits of Codification of International Law 42
36. How Codification could be realised 44

CHAPTER II--DEVELOPMENT AND SCIENCE OF THE LAW OF NATIONS

I. _Development of the Law of Nations before Grotius_

37. No Law of Nations in Antiquity 45
38. The Jews 46
39. The Greeks 49
40. The Romans 50
41. No need for a Law of Nations during the Middle Ages 53
42. The Fifteenth and Sixteenth Centuries 54

II. _Development of the Law of Nations after Grotius_

43. The time of Grotius 59
44. The period 1648-1721 61
45. The period 1721-1789 64
46. The period 1789-1815 64
47. The period 1815-1856 66
48. The period 1856-1874 69

International Law. A Treatise Volume I