Jus gentium - Knowledge (XXG)

996:) were imposed upon the conquered; for when everything was surrendered to him who was the more powerful in arms, it is the victor's right and privilege to decide what of the conquered's property he wishes to confiscate; the second, when states that are equally matched in war conclude peace and friendship on terms of equality; under these conditions demands for restitution are made and granted by mutual agreement, and if the ownership of any property has been rendered uncertain by the war, these questions are settled according to the rules of traditional law or the convenience of each party; the third exists when states that have never been at war come together to pledge mutual friendship in a treaty of alliance; neither party gives or accepts conditions; for that happens when a conquering and a conquered party meet. 138: 963:. Questions of "international law" might arise in relation to individual grants of citizenship, and whether these accorded with treaty. Because there was no generally accepted principle of international law, controversy might also arise over whether "Rome was bound by an agreement concluded by a field commander without approval of the Senate—typically an 871:

as comprising wars, national interests, kingship and sovereignty, rights of ownership, property boundaries, settlements, and commerce, "including contracts of buying and selling and letting and hiring, except for certain contractual elements distinguished through

1755:(ius gentium est sedium occupatio, aedificatio, munitio, bella, captivitates, servitutes, postliminia, foedera pacis, indutiae, legatorum non violandorum religio, conubia inter alienigenas prohibita. Et inde ius gentium, quia eo iure omnes fere gentes utuntur) 843:, however, divided law into three branches: natural law, which existed in nature and governed animals as well as humans; the law of nations, which was distinctively human; and, civil law, which was the body of laws specific to a people. 1132:

is occupation, construction, fortification, wars, captivity, the right of regaining citizenship after captivity, slavery, treaties, peace, armistice, the inviolability of ambassadors, the prohibition of mixed marriages; and it is the

936:

were brought under Roman rule, Roman law became in effect international law. Local laws remained in force as long as they did not come into conflict with Roman law; this compatibility was understood as reflecting the underlying

779:(law of nations, or law of the world) as being the law observed by all mankind. Thus the Roman people observes partly its own peculiar law and partly the common law of all mankind. 688: 825:

as a higher law of moral obligation binding human beings beyond the requirements of civil law. A person driven into exile, for instance, lost his legal standing as a

1014:, "a relation of friendship without any further concrete engagements, i.e. the mere exclusion of hostilities; … it could be concluded by a treaty but also without". 759:) observes partly its own peculiar law and partly the common law of all mankind. That law which a people established for itself is peculiar to it and is called 1084:, "trustworthiness, loyalty, credibility", was a quality the Romans wanted to pride themselves for upholding, including respect for the law and 1034:, originally a sacred oath made by a fetial priest on behalf of the Roman people, who will suffer a "self-damnation" if they violate the treaty. 681: 285: 275: 446: 1458: 905: 900: 268: 251: 674: 246: 1854: 263: 256: 105: 773:(state), while the law that natural reason establishes among all mankind is followed by all peoples alike, and is called 661: 1054:, surrender, with "the inherent normative expectation that the victor would in any case spare the inhabitants' lives". 93: 1859: 899:

was far more developed among the Romans than that of international law. The earliest form of international law was

459: 524: 226: 1780: 721: 128: 1242:

Quoted in Laurens Winkel, "The Peace Treaties of Westphalia as an Instance of the Reception of Roman Law", in

1209:(Wm. B. Eerdmans, 2002, originally published 1997 by Scholars Press for Emory University), pp. 66–67; Dyson, 955:. Laws originally pertaining to matters of contract law among Roman citizens, such as property transfers and 1072: 844: 562: 864: 1399:(Transaction Publishers, 2010, 2nd ed., originally published 1960 by Princeton University Press), p. 210. 1397:

Politics and Culture in International History from the Ancient Near East to the Opening of the Modern Age

1070:

were excluded from the universal citizenship extended to all free inhabitants of the empire under the

1046:, "cease-fires" that "do not end the war as a whole, but interrupt the hostilities only temporarily". 204: 1181:

Peace Treaties and International Law in European History from the Late Middle Ages to World War One

951:) is thought by many scholars to have played an important role in extending Roman civil law to the 702: 339: 1823: 1114: 947: 910: 785: 597: 236: 516: 509: 312: 50: 805:

distinguished between things that are written and those that are unwritten but upheld by the

1795: 1517: 1438: 1256: 932:, there was no framework of international law per se with which a treaty had to conform. As 798: 638: 632: 625: 611: 440: 419: 364: 349: 344: 329: 213: 85: 81:("peoples" or "nations") in "reasoned compliance with standards of international conduct". 1487:

was thereafter the only other major power with which Rome was in regular contact. Baldus,

1480: 970:

A key passage pertaining to what Romans understood as "international law" is presented by

856: 829:, but was supposed to retain the basic protections extended to all human beings under the 354: 58: 1110: 881: 732: 643: 590: 434: 409: 318: 166: 1005:

Terminology associated with Roman international law was non-specialized but included:

1848: 1799: 1773: 1319: 1026:, is "an obligation to peace and neutrality" with "a duty to grant military support". 826: 539: 389: 157: 74: 1408:

Christian Baldus, "Vestigia pacis. The Roman Peace Treaty: Structure or Event?" in

925: 715: 452: 404: 374: 300: 175: 104:

disintegrated as individual European nations developed distinct bodies of law, the

89: 1462:"); Daniel Peretz, "The Roman Interpreter and His Diplomatic and Military Roles", 1827: 1736:

Karl-Heinz Ziegler, "The Influence of Medieval Roman Law on Peace Treaties," in

1098: 956: 896: 817: 811: 710: 495: 137: 113: 66: 1803: 1223:

Quod vero naturalis ratio inter omnes homines constituit … vocator ius gentium

797:

was regarded as "innate in every human being", a view that was consonant with

726: 576: 306: 186: 70: 1838: 1813: 1106: 1058: 964: 648: 618: 484: 466: 429: 54: 1785: 17: 1772:, Franciscus de Victoria (lect. 1532, first pub. 1557). Available online 1018: 1010: 583: 473: 384: 295: 193: 1447: 1445:

of Q. Mucius Scaevola: "If someone strikes an ambassador of the enemy (

1050: 942: 768: 569: 548: 399: 379: 867:, a Roman jurist of the second half of the 3rd century, described the 1484: 1155:

Natural Law and Political Realism in the History of Political Thought

1030: 984: 914: 840: 837: 802: 740: 604: 394: 1040:, "both the state of peace and the means to achieve it by treaty". 46: 971: 109: 1386:

1.1.5; Winkel, "The Peace Treaties of Westphalia", pp. 225–226.

1192:

Randall Lesaffer, "Peace Treaties from Lodi to Westphalia", in

1452:), he is regarded as having acted against the law of nations ( 1062:, a person who became a subject of the Roman Empire through a 555: 502: 33: 988:), he said, by which states and kings concluded friendships ( 1261:

The Stoic Tradition from Antiquity to the Early Middle Ages

1738: