Manual of International Law for the Use of Navies Colonies And Consulates Vol

Cover Manual of International Law for the Use of Navies Colonies And Consulates Vol
Manual of International Law for the Use of Navies Colonies And Consulates Vol
Jan Helenus Ferguson
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M. 24. (iAKDKN. De Diplonjutic. Liv. VI. § 2. And Liv. VII, § l.
I'. VhtV. ] the ENE.^IY and his allies. [^""jht'^"'^"'^" 27 like association, every auxiliary treaty, contracted by way of anticipation in time of peace, and with no view to any particular war, necessarily and of itself includes this tacit clause, that the treaty shall not be obligatory except in case of a just war. On any other footing the alliance could not be validly contracted. ' Mr. Wheaton says, ' To promise assistance in an
... unjust war, would be an obligation to commit an injustice, and no such contract is valid. ' It would seem to follow from this fundamental principle, that where one of two parties to an offensive alliance, made before the war, declares war against its enemy, even though that enemy be the very Nation against which the alliance was formed, the other ally is to be allowed time to examine into the causes of war ; if it be a just war, all his engagements come into force ; but if it be unjustly declared, his treaty obligations cease to be binding.

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