Note 59 — Chapter I · What is Lawful in War.
A. C. (Archibald Colin) Campbell translation
Besides the NECESSARY law of nations, which is EQUALLY, and at ALL TIMES binding upon ALL states, there is a POSITIVE law of nations, consisting of THE VOLUNTARY, THE CONVENTIONAL and THE CUSTOMARY law. All of which "proceed from the will of nations,—the VOLUNTARY from their presumed consent, the CONVENTIONAL from an express consent, and the CUSTOMARY from tacit consent: and as there can be no other mode of deducing any law from the will of nations, there are only these three kinds of POSITIVE LAW OF NATIONS."—Vattel, Prelim. Sect. 27.