de Vattel: Of the Execution of the Treaty of Peace

The Law of Nations or the Principles of Natural Law (1758)Emmerich de Vattel

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Of the Execution of the Treaty of Peace§ 24. When the obligation of the treaty commences.§ 25. Publication of the peace.§ 26. Time of the execution.§ 27. A lawful excuse to be admitted.§ 28. The promise is void when the party to whom it was made has himself hindered the performance of it.§ 29. Cessation of contributions.§ 30. Products of the thing restored or ceded.§ 31. In what condition things are to be restored.§ 32. The interpretation of a treaty of peace is to be against the superior party.§ 33. Names of ceded countries.§ 34. Restoration not to be understood of those who have voluntarily given themselves up.
   1. It is an essential point to neglect none of the formalities which can insure the execution of the treaty, and prevent new disputes. Accordingly, care must be taken to have it duly recorded in all the proper offices and courts. M. Van Benningen, writing to the Grand Pensionary De Witt, in 1662, thus observes — "The articles and conditions of this alliance contain various matters of different natures, the majority of which fall under the cognizance of the privy council, — several under that of the civil tribunals, the parliaments, etc. — escheatage, for instance, which comes under the cognizance of des comptes. Thus, the treaty must be recorded in all those different places." This advice was followed; and the states-general required that the treaty conducted the same year should be recorded in all the parliaments of the kingdom. See the king's reply on this subject, in his letter to the Count D'Estrades, page 399.
   2. Applan, de Bell. Civ. lib. v., quoted by Grotius, lib. ii. cap. 20, § 22.
   3. Book II. Chap. XVII. ante, 244-274.