I will now proceed to describe the manner in which it came about that this particular stipulation (that the neutral flag should cover enemies' merchandize) became incorporated in a great number of international treaties. But before doing so, I have four or five preliminary observations to offer on the subject.
I. No number of treaties can make a law of nations in the sense in which I have already defined a law of nations. At most it can only establish a "conventional law," and then only when all nations agree to it. If the Declaration of Paris were signed by all European nations it would then become a "conventional law of nations," but could never rise to the dignity of a "law of nations" in the highest sense. But these treaty stipulations by no means even amounted to a "conventional law of nations" for they only obtained between the contracting parties, and did not affect their relation with other powers. The
