(3) Such political and other treaties as have been concluded for the purpose of setting up a permanent[184] condition of things are not ipso facto annulled by the outbreak of war, but nothing prevents the victorious party from imposing upon the other party in the treaty of peace any alterations in, or even the dissolution of, such treaties.
(4) Such non-political treaties as do not intend to set up a permanent condition of things, as treaties of commerce for example, are not ipso facto annulled, but the parties may annul them or suspend them according to discretion.
(5) So-called law-making[185] treaties, as the Declaration of Paris for example, are not cancelled by the outbreak of war. The same is valid in regard to all treaties to which a multitude of States are parties, as the International Postal Union for example, but the belligerents may suspend them, as far as they themselves are concerned, in case the necessities of war compel them to do so.[186]
[181] See, for instance, Phillimore, III. § 530, and Twiss, I. § 252, in contradistinction to Hall, § 125.
[182] See Jaconnet, op. cit. pp. 113-128.
[183] As, for instance, Spain in 1898, at the outbreak of the war with the United States of America, see Moore, V. pp. 375-380.
[184] Thus American and English Courts—see the cases of the Society for the Propagation of the Gospel v. Town of Newhaven (1823), 8 Wheaton 464, and Sutton v. Sutton (1830), 1 Russel & Mylne, 663—have declared that article IX. of the treaty of Nov. 19, 1794, between Great Britain and the United States was not annulled by the outbreak of war in 1812. See Moore, V. § 779 and Westlake, II. p. 30; see also the foreign cases discussed by Jaconnet, op. cit. pp. 168-179.
[185] See above, [vol. I. §§ 18,] [492, ] [555]-568b.
[186] The Institute of International Law is studying the whole question of the effect of war on treaties; see Politis, l.c., and especially Annuaire, XXIV. (1911), pp. 201-213, and 220-221.
Precarious position of Belligerents' subjects on Enemy Territory.