articles, appearing at intervals, as is unavoidable in a periodical publication; and the chief object of this second edition is to add the several articles which have already appeared in the Law Review in the course of the years from 1846 to 1850.

GLASGOW, 12 BLYTHSWOOD Square,

August 1851.

OF INTERNATIONAL LAW GENERALLY; WHEN, AND HOW, IT HAS

BEEN CULTIVATED AS A SCIENCE,

SECTION I. Of International Law in Ancient Times,

13

SECTION II. Of International Law during the Middle Ages,

SECTION III. Of International Law during the Sixteenth

Century,

19

27

SECTION IV. Of International Law during the Period from the

age of Grotius to that of Pufendorff, 1625-1673,

SECTION V. Period from the age of Pufendorff to the age of

Wolff and Moser, 1673-1740,

SECTION VI. Period from the age of Wolff and Moser, to the

age of Von Ompteda and Von Martens, from 1740 to

1785-1790,

SUB-SECTION I. Natural Law of Nations,

43

65

79

SUB-SECTION II. Positive Law of Nations,

SECTION VII. Period from the age of Von Ompteda and Von

Martens, to the present times, from 1785 and 1790, to

1840. Union of Natural and Positive International Law, 88

CHAPTER II.

OF THE FOUNDATION, MODE OF STUDY, AND Different DiviSIONS,

KINDS, OR DESCRIPTIONS OF INTERNATIONAL LAW,

111

CHAPTER III.

OF THE SPHERE, SOURCES, GROWTH, OR ACCUMULATION AND DEVE-

LOPMENT OF INTERNATIONAL LAW,

PAGE

137

CHAPTER IV.

HISTORICAL REVIEW OF THE PRINCIPAL MORE RECENT CLASSIFICA-

TIONS OF THE COMPONENT PARTS OF INTERNATIONAL LAW,

169

CHAPTER V.

SKETCH OF A CLASSIFICATION OF THE COMPONENT PARTS OF INTER-

NATIONAL LAW,

PART I. General and permanent Legal Attributes or Relations of

Nations,

183

185

SECTION I. Independent Sovereignty and Freedom from

Foreign Control,

ib.

190

SECTION II. Equality of Nations in point of Right; Conven-

tional and Consuetudinary Precedence in point of Rank, 187

SECTION III. Right of Self-preservation, and Right to Main-

tain and Promote the National Welfare, consistently with

the similar reciprocal Rights of other Nations, .

SUB-SECTION I. Negative Right of Defence and Security, 191

SUB-SECTION II. Positive Right of Melioration,

SUB-SECTION III. Right of National Reputation or National

Honour,

SUB-SECTION IV. Right of Necessity,

PART II. Particular and Occasional Legal Attributes, or Rela-

tions of Nations, existing only in certain States,

SECTION I. Pacific Relations of Nations,

SUB-SECTION I. Intercourse of Nations in their collective or

corporate Character,

ART. I. Right of Negotiating, particularly by Public

Ministers,

ART. II. Right of entering into and concluding Treaties

legally binding on other Independent Nations, . 202

SUB-SECTION II. Intercourse of Nations in their Individual

ART. I. Intercourse of Individuals of different Nations,

simply as such,

.

PAGE

204

ib.

207

ART. II. Intercourse of Nations in their Individual

Capacity, for the purposes of Commerce,

211

SECTION II. Transition from a state of Peace to a state of War.

Hostile Relations of Nations,

SUB-SECTION I. Rights and Obligations of Belligerent

Nations, between or among themselves,

SUB-SECTION II. Reciprocal Rights and Obligations of

Belligerent and Neutral Nations,

214

SUB-SECTION III. Termination of Hostile Relations, and of

the Extraordinary and Temporary state of War, and

Re-establishment of the ordinary state of Peace,

CONCLUSION,

216

217

218

FARTHER INQUIRIES IN INTERNATIONAL LAW,

PUBLIC AND PRIVATE.

Ꮲ Ꭺ Ꭱ Ꭲ FIRST.

OF PUBLIC INTERNATIONAL LAW, OR OF THE LAW OF NA-

TIONS IN THEIR INTERCOURSE IN THEIR COLLECTIVE OR

CORPORATE CHARACTER.

CHAPTER I.

FARTHER ILLUSTRATIONS OF THE CULTIVATION OF PUBLIC INTER-

NATIONAL LAW,

225

CHAPTER II.

FARTHER ILLUSTRATIONS OF THE SOURCES AND DEVELOPMENT OF
PUBLIC INTERNATIONAL LAW,

PAGE

241

CHAPTER III.

FARTHER ILLUSTRATION OF PUBLIC INTERNATIONAL LAW, ITS BASIS

AND CONSTITUENT PARTS,

CHAPTER IV.

FIRST COMPONENT PART, OR BRANCH, OF PUBLIC INTERNATIONAL

LAW, USUALLY CALLED COMMON AND CONSUETUDINARY,

SECTION I. The Foundation,

267

273

ib.

SECTION III. Objections to Common Consuetudinary Law, and

Answers,

289

309

CHAPTER V.

SECOND COMPONENT PART OR BRANCH OF INTERNATIONAL LAW,

USUALLY CALLED THE CONVENTIONAL LAW OF NATIONS,

SECTION I. Difficulties and uncertainties of the Conventional

Law of Nations, as composed of Public Contracts or

Treaties,

. 314

SECTION II. Errors in over-estimating the legal operation and

effects of Public Treaties,

328

SECTION III. Farther error in over-estimating the legal opera-

tion and effects of Public Treaties,

339

SECTION IV. Limits of the Conventional Law of Nations,