Note 902 — Chapter II · TREATIES

See Bonucci in Z.V. IV. (1910), pp. 449-471. Many writers agree to it with great reluctance only and in a very limited sense, as, for instance, Grotius, II. c. 16, § 25, No. 2; Vattel, II. § 296; Klüber, § 165. Some few writers, however, disagree altogether, as, for instance, Bynkershoek, "Quest. jur. public.," II. c. 10, and Wildman, "Institutes of International Law," I. (1849), p. 175. Schmidt, op. cit. pp. 97-118, would seem to reject the clausula altogether, but can nevertheless not help recognising it in the end. A good survey of the practice of the States in the matter during the nineteenth century is given by Kaufmann, op. cit. pp. 12-37.