For the rest, the mutual conduct of states in war (e.g. the taking of prisoners), and what a state in peacetime grants to the members of another state by way of rights for private intercourse, and so forth, rests chiefly on the customs of nations, as the inner universality of conduct that maintains itself under all circumstances.
The European nations form a family according to the universal principle of their legislation, their customs, their culture, and accordingly their conduct under international law is modified within a condition in which otherwise the mutual infliction of harms is what prevails. The relation of states to states is unstable: there is no praetor present to arbitrate; the higher praetor is solely the universal spirit that is in and for itself, the world spirit.
§ 339: The customs of nations
How else do states behave toward each other? For example, whether they take prisoners in war instead of killing them. Or what rights foreigners have in trade in times of peace.
This rests mainly on the customs of nations. They hold in all situations.
A family of nations:
The European nations form a kind of family. They share principles of laws, customs and culture. This softens their conduct toward each other, even in war.
No judge:
Between states there is no judge who settles disputes. The only higher judge is the world spirit.
Summary: The conduct of states toward each other rests mainly on customs. The European nations form a family. Only the world spirit judges over all states.
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