[Sidenote: Other Characteristics of the position of the States within the Family of Nations.]
§ 114. But the position of the States within the Family of Nations is not exclusively characterised by these qualities. The States make a community because there is constant intercourse between them. Intercourse is therefore a condition without which the Family of Nations would not and could not exist. Again, there are exceptions to the protection of the qualities which constitute the International Personality of the States, and these exceptions are likewise characteristic of the position of the States within the Family of Nations. Thus, in time of war belligerents have a right to violate one another's Personality in many ways; even annihilation of the vanquished State, through subjugation after conquest, is allowed. Thus, further, in time of peace as well as in time of war, such violations of the Personality of other States are excused as are committed in self-preservation or through justified intervention. And, finally, jurisdiction is also important for the position of the States within the Family of Nations. Intercourse, self-preservation, intervention, and jurisdiction must, therefore, likewise be discussed in this chapter.
Vattel, II. §§ 35-48--Westlake, I. pp. 308-312--Lawrence, §§ 112-119--Phillimore, I. § 147, II. §§ 27-43--Twiss, I. § 12--Halleck, I. pp. 116-140--Taylor, § 160--Wheaton, §§ 152-159--Moore, I. § 24--Bluntschli, §§ 81-94--Hartmann, § 14--Heffter, §§ 27-28--Holtzendorff in Holtzendorff, II. pp. 11-14--Ullmann, §§ 36 and 37--Bonfils, Nos. 272-278--Despagnet, Nos. 167-171--Pradier-Fodéré, II. Nos. 484-594--Mérignhac, I. pp. 310-320--Rivier, I. § 9--Nys, II. pp. 194-199, 208-218--Calvo, I. §§ 210-259--Fiore, I. Nos. 428-451, and Code, Nos. 388-421--Martens, I. §§ 70-71--Lawrence, Essays, pp. 191-213--Westlake, Chapters, pp. 86-109--Huber, "Die Gleichheit der Staaten" (1909)--Streit in R.I. 2nd Ser. II. pp. 5-27--Hicks in A.J. II. (1908), pp. 530-561.
§ 115. The equality before International Law of all member-States of the Family of Nations is an invariable quality derived from their International Personality.[180] Whatever inequality may exist between States as regards their size, population, power, degree of civilisation, wealth, and other qualities, they are nevertheless equals as International Persons. This legal equality has three important consequences: