Are treaties binding on nations?

Translation: quotations from Hugo Grotius are quoted in Ralph van Deman Magoffin's 1916 English translation; quoted in A. C. Campbell's 1814 English translation (abridged; 1901 edition), not his original words.

1. WHAT HE SAID (the record)

Record ledger

• BELIEF (undated; quoted in Ralph van Deman Magoffin's 1916 English translation): Hugo Grotius believed that treaties are binding on nations, as he argues that nations have historically recognized the importance of treaties and judges in resolving disputes, and that such agreements are part of a natural law that applies equally to all. He implies that treaties are part of a broader system of justice and equity that should be upheld by all nations. "Olim inter populos humaniores summum nefas habebatur armis eos impetere qui res suas arbitris permitterent, contra qui tam aequam condicionem recusarent, ii non ut unius sed ut omnium hostes ope communi comprimebantur. Itaque eam in rem videmus icta foedera, iudices constitutos." [1]
• BELIEF (undated; quoted in A. C. Campbell's 1814 English translation (abridged; 1901 edition)): Hugo Grotius believed that treaties are binding on nations, but that a violation of a treaty by one party releases the other from its engagements. He argued that each clause of a treaty has the binding force of a condition, and provided an example from Thucydides to support this view. (key quote above) [2]
• BELIEF (undated; quoted in A. C. Campbell's 1814 English translation (abridged; 1901 edition)): Hugo Grotius believed that treaties could be real (permanent) or personal (dependent on the parties), and that the nature of the treaty and its clauses could determine its binding character on nations. "The name of a person may be inserted in a treaty, not merely to give it the character of a personal treaty, but to point out the contracting parties." [3]
• BELIEF (undated; quoted in A. C. Campbell's 1814 English translation (abridged; 1901 edition)): Hugo Grotius believed that treaties are binding on nations, as he discusses the nature of treaties and their legal implications in the chapter on public faith and peace treaties. He argues that transactions of the sovereign with foreign nations are deemed valid from motives of public utility, and he outlines rules for interpreting and enforcing treaties. "Transactions of the sovereign with foreign nations deemed valid from motives of public utility—General rule of interpreting the terms of peace" [4]
• BELIEF (undated; quoted in A. C. Campbell's 1814 English translation (abridged; 1901 edition)): Hugo Grotius believed that treaties are binding on nations, even to enemies, and that good faith must be observed in all treaties, including with pirates and others of the same kind. He argued that a promise given to enemies is binding when not extorted by fear, and oaths must be inviolably observed. "Good faith due to enemies of every description—Due even to pirates, and others of the same kind, in all treaties with them—A promise given to them, binding, when not extorted by fear—Oaths to be inviolably observed" [5]
• ACTION (editor's note) (undated; editor's note, not his words; quoted in A. C. Campbell's 1814 English translation (abridged; 1901 edition)): The editor notes that Hugo Grotius explained that treaties can be dissolved due to changed circumstances, without a change in principle, as a means to preserve the welfare of a nation. (key quote above) [6]
• ACTION (editor's note) (undated; editor's note, not his words; quoted in A. C. Campbell's 1814 English translation (abridged; 1901 edition)): The editor notes that the opinions of Hugo Grotius and Vattel on this subject will reflect light upon each other, and that extracts from Vattel will place the matter in a clear point of view. "On this subject the opinions of our author, and those of Vattel will reflect light upon each other." [7]

What cuts against it

• ACTION (editor's note) (undated; quoted in A. C. Campbell's 1814 English translation (abridged; 1901 edition)): The editor notes that a new treaty was made by public authority, and Luctatius inserted a clause that the agreement should be good and valid only if it was approved by the Roman people. "A new treaty therefore was made by public authority." [8]

• ACTION (editor's note) (undated; quoted in A. C. Campbell's 1814 English translation (abridged; 1901 edition)): The editor reports that Hugo Grotius did not write this passage, but that it is a quotation from Vattel's Preliminary Section 27, as translated by A. C. Campbell in 1814 (abridged; 1901 edition). "Besides the NECESSARY law of nations, which is EQUALLY, and at ALL TIMES binding upon ALL states, there is a POSITIVE law of nations." [9]

2. HOW IT APPLIES (reasoning; inference is marked)

1. Hugo Grotius believed that treaties are binding on nations, as he argued that each clause of a treaty has the binding force of a condition. "XII. If one of the parties violates a treaty, such a violation releases the other from its engagements." [2] (quoted in A. C. Campbell's 1814 English translation (abridged; 1901 edition))

2. He also believed that the good faith of kings and nations in treaties is of equal validity with law, implying their legal force. "The good faith of kings and nations in treaties of equal validity with law." [10] (quoted in A. C. Campbell's 1814 English translation (abridged; 1901 edition))

3. He discussed the nature of treaties and their legal implications, arguing that transactions of the sovereign with foreign nations are deemed valid from motives of public utility. "Transactions of the sovereign with foreign nations deemed valid from motives of public utility." [4] (quoted in A. C. Campbell's 1814 English translation (abridged; 1901 edition))

4. He argued that good faith must be observed in all treaties, including with enemies, and that a promise given to enemies is binding when not extorted by fear. "Good faith due to enemies of every description." [5] (quoted in A. C. Campbell's 1814 English translation (abridged; 1901 edition))

5. He believed that treaties are binding on nations, but their obligations are conditional and may be affected by circumstances such as the failure of one party to fulfill its part due to the fault of the other, unavoidable necessity, or violation of specific clauses. "Lastly, a peace is broken by the violation of any special and express clause in the treaty." [11] (quoted in A. C. Campbell's 1814 English translation (abridged; 1901 edition)) (inference)

3. HIS TAKE

Record coverage: DIRECT

Extrapolation: Hugo Grotius believed that treaties are binding on nations, but their obligations are conditional and may be affected by circumstances such as the failure of one party to fulfill its part due to the fault of the other, unavoidable necessity, or violation of specific clauses.

Competing readings: The editor notes that Hugo Grotius explained that treaties can be dissolved due to changed circumstances, without a change in principle, as a means to preserve the welfare of a nation. [6]

Confidence: High, based on multiple direct statements in his writings and the editor's notes.