from Book II - On the Law of War and Peace
Published online by Cambridge University Press: 05 April 2013
Origin of the right of legation
Thus far, we have treated of rights for which we are indebted to the law of nature; we have added thereto only a few from the volitional law of nations, in so far as any addition had been made to the law of nature from that source. It remains for us to discuss the obligations that the law of nations, which we call volitional, has itself introduced. In this class, the subject of prime importance is the right of legation. Everywhere, in fact, we find mention of the sacred affairs of embassies, the inviolability of ambassadors, the law of nations which is to be observed with reference to ambassadors, divine and human law, the right of legation sacred among nations, treaties sacred with reference to nations, the alliance of the human race, and the sacredness of the persons of ambassadors.
Among whom the right of legation is in force
First, then, it should be understood that this law of nations, whatever it is, which we are going to treat, pertains to those representatives whom rulers with sovereign powers send to one another. For in addition to these, there are representatives of provinces, municipalities, and others, who are not governed by the law between different nations, but by municipal law.
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