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COMMENTARIES

CPON

INTERNATIONAL LAW.

BY

C. ROBERT PHILLIMORE,

ADVOCATE TO HER MAJESTY IN HER OFFICE OF ADMIRALTY,

JUDGE OF THE CINQUE PORTS.

“ Wars are no massacres or confusions, but the highest trials of Right."

Bacon, Certain Observations upon a Libel, &c., 1592.
“ Lex est . . . . . Communis Reipublicæ Sponsio."-Dig. I. i. t. iii. & 1.

VOL. III.

PHILADELPHIA:

T. & J. W. JOHNSON & CO.,
LAW BOOKSELLERS AND PUBLISHERS,

NO. 535 CHESTNUT STREET.

1857.

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This volume completes the system of Public International Law, and

the outline sketched out in the first volume of this work.(a)
I. Since the publication of the last (the second) volume, great events
have happened in the history of the Community of States. Some of
these are noticed in the following pages; others belong to the subjects
which have been already treated of in the preceding volumes. It is pro-
posed to draw the attention of the Reader to these events in the follow-
ing imperfect sketch :-

II. Turkey has been formally, and in a manner to place the question
beyond all doubt, admitted, by the Treaty of Paris,() into the family of
States(c) which are bound, not only, as all States are, by the principles
of PUBLIC INTERNATIONAL LAW, but by those usages and customs which
constitute what may be considered the Positive Law of Christian Com-
munities. The object of the new Treaty of Paris is to secure, “through
effectual and *reciprocal guarantees, the independence and integ-
rity of the Ottoman Empire."(d) This result is the subject of a

[*iv]
common Guarantee.(e) The Plenipotentiaries declare that the Sublime
Porte is admitted to participate in the advantages of the Public Law
and system (concert) of Europe. (f) This proposition must receive, as
to PRIVATE INTERNATIONAL Law, some obvious limitation from the
very nature of Mohammedanism : though it be true that this religion is
professed by a comparatively small number of the subjects of European
Turkey; but the proposition holds good as to PUBLIC INTERNATIONAL
Law; and the fact which it affirms marks an important epoch in the
History of the Progress of International Jurisprudence. For if Turkey
has acquired the Rights, she has also subjected herself to the Duties of
a civilized Community. How long this new condition of thing, so utterly

(a) The reader is referred upon this point to the concluding pages of the present volume.

(6) This Treaty is printed in the Appendix to this volume.

(C) Vide ante, Vol. I. pp. 113-17, as to the effect of the Treaty of Adrianople in
1825, and of usage upon this point.
(d) Preamble.

(e) Article vii.
(f) Art. vii. of the Treaty of Paris, 30 March, 1856.

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