The Last Waltz of the Law of Nations: A Translation of The 1803 Edition of de Rayneval's The Institutions of Natural Law and the Law of Nations

ISBN : 9780198725138

Joseph-Mathias Gerard de Rayneval; Jean Allain
350 Pages
156 x 234 mm
Pub date
Dec 2018
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The 1803 edition of de Rayneval's The Institutions of Natural Law and the Law of Nations served as the leading French text on international law during the first half of the nineteenth century. Written at a time when international law was wholly bilateral in nature, the book decisively sets out the Law of Nations as it stood at the time. Despite its influence on the development of international law in the nineteenth century, the work is now difficult to obtain, and has never before been translated into English. Through his faithful translation and introductory essay, Jean Allain reintroduces this classic work to a new audience. Keeping in line with the fundamental approach and underpinning of de Rayneval's work, this new text considers issues of the Law of Nations, with Book I focusing on self-preservation of the individual turning to self-preservation of political grouping to the creation of the States as a means of ensuring its and its people's self-preservation. In Book II - On State to State Relations - the emphasis shifts from natural law to the Law of Nations. Here consideration is given to States and issues of independence, of trade and alliances, of the acquisition of territory, of boundaries, of reprisals, and issues of foreigners, ambassadors and titles and rank. Finally, Book III - On the State of War and Peace - takes readers through a more clearly developed part of the Law of Nations with regard to the origins, causes, effects, and conduct of war with further sections devoted maritime law and the law of treaties. While Book II and III set out the law of the Law of Nations, the Appendix then considers the role of the Sovereign and his political agents in setting and carrying out a State's foreign policy.


BOOK I: On the Origins of Political Societies and the Principles which are the basis of their Organisation
I On the origins of societies and governments
II On the formation of Governments
III On Sovereignty
IV On Liberty
V On Equality
VI On Hereditary States
VII On Inviolability
VIII On Slavery
IX On Power
X On Legislative Power
XI On Executive Power
XII On Judicial Power
XIII On Law in General
XIV On Public Laws
XV On Private or Civil Laws
XVI On Criminal Laws
XVII On the Police
XVIII On Armed Forces
XIX On Population
XX On Contributions or Taxes
XXI On Virtue and Honour
XXII On Education and Instruction
XXIII On Mores and on Morale
XXIV On Patriotism
XXVII On Religion and on Cults
XXVIII On Internal Disturbances
BOOK II: On State to State Relations
I On the Independence of States
II On Limits
III On State to State Communications
IV On Trade
V On Alliances
VI On Obligations Resulting from Alliances
VII On the Methods of Acquisition between States
VIII On Prescription
IX On the Seas
X On Fleuves, Rivers and Lakes
XI On Guarantees
XII On Retortion, Reprisals, Embargo, and Retaliation
XIII On Foreigners
XIV On Political Agents
XV On Titles, Ranks, and Dignity of Sovereigns
BOOK III: On the State of War and of Peace
I On the Origins of War
II On the Causes of War
III On Declarations of War
IV On Legal or Defendable Actions According the Laws of War
V On the Effects of War
VI On Prisoners
VII On Hostages
VIII On the inhabitants of conquered lands
IX On Sieges, on Blockades, on Capitulations
X On Safe Conducts and Safeguards
XI On Allies, on Associates, on Auxiliaries
XII On Neutrals
XIII On Maritime Warfare and Navigation
XIV On Visitation
XV On Letters of Marque
XVI On Prizes
XVII On Suspension (relaches)
XVIII On Agreements between Enemies, notably Truces, Armistices, Suspension of Hostilities
XIX On the Right of Postliminy
XX On Peace Treaties
XXI On Arbitrators
XXII On Mediation
XXIII On Execution of Treaties
XXIV On Interpretation of Treaties
XXV On Adherence to Treaties
XXVI On Non-Execution of Peace Treaties
APPENDIX: Ideas on Policy
On Political Agents
Section I
Section II
Section III

About the author: 

Joseph-Mathias Gerard de Rayneval (1736-1812) was a French diplomat who worked extensively in England and the United States of America during the Revolutionary War, serving as under-secretary of state to Comte de Vergennes (Foreign Minister to Louis XVI).; Jean Allain is Chair in Public International Law at Queen's University, Belfast and the Director of its Human Rights Centre. He also holds an Extraordinary Professorship with the Centre of Human Right of the Faculty of Law, University of Pretoria. He is founding Editor of the Irish Yearbook of International Law, and author of four monographs, the most recent being Slavery in International Law (Martinus Nijhoff, 2013), and five edited volumes, including The Legal Understanding of Slavery: From the Historical to the Contemporary (Oxford University Press, 2012).

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