The Law of Nations. Emer de Vattel
in a doubtful cause,
39. War cannot be just on both sides,
41. War undertaken to punish a nation,
42. Whether the aggrandisement of a neighbouring power can authorise a war against him,
43. Alone, and of itself, it cannot give a right to attack him,
44. How the appearances of danger give that right,
45. Another case more evident,
46. Other allowable means of defence against a formidable power,
49. How he that destroys the equilibrium, may be restrained, or even weakened,
50. Behaviour allowable towards a neighbour preparing for war,
CHAPTER IV Of the Declaration of War,—and of War in due Form.
51. Declaration of war:—necessity thereof,
53. It is simple or conditional,
54. The right to make war ceases on the offer of equitable conditions,
55. Formalities of a declaration of war,
56. Other reasons for the necessity of its publication,
57. Defensive war requires no declaration,
58. When it may be omitted in an offensive war,
59. It is not to be omitted by way of retaliation,
61. Duty of the inhabitants on a foreign army’s entering a country before a declaration of war,
62. Commencement of hostilities,
64. Publication of the war, and manifestoes,
65. Decorum and moderation to be observed in the manifestoes,
66. What is a lawful war in due form,
67. It is to be distinguished from informal and unlawful war,
68. Grounds of this distinction, <xliv>
CHAPTER V Of the Enemy, and of Things belonging to the Enemy.
70. All the subjects of the two states at war are enemies,
71. and continue to be enemies in all places,
72. Whether women and children are to be accounted enemies,
73. Things belonging to the enemy,
74. continue such every-where,
75. Neutral things found with an enemy,
76. Lands possessed by foreigners in an enemy’s country,
77. Things due to the enemy by a third party,
CHAPTER VI Of the Enemy’s Allies,—of warlike Associations,— of Auxiliaries and Subsidies.
79. Defensive and offensive alliances,
80. Difference between warlike alliances and defensive treaties,
83. When a nation is authorised to assist another,
84. and to make alliances for war,
85. Alliances made with a nation actually engaged in war,
86. Tacit clause in every warlike alliance,
87. To refuse succours for an unjust war, is no breach of alliance,
88. What the casus foederis is,
89. It never takes place in an unjust war,
90. How it exists in a defensive war,
91. and in a treaty of a guaranty,