The Future of International LawOppenheim, L. (Lassa)
History
The Future of International Law
Oppenheim, L. (Lassa)
International law
as long as there is no success in bringing about a change of moral
attitude on the part of the classes concerned. But by degrees obsolete
moral positions are undermined by all kinds of influences, then they are
abandoned and higher positions are adopted in their stead.
[Sidenote: Importance of pacificism.]
21. It is here that the importance and value of the modern pacificist
movement emerge with clearness. Wide circles are caught by this
movement, even the governments of all countries are no longer able to
hold aloof from its influence, and its opponents too can no longer fight
it with nothing but scorn and ridicule. Whoever is a believer in the
unlimited progress of civilization will also believe that a time must
come when all states will freely bind themselves to submit all disputes
to judicial or arbitral decision. General disarmament will not hasten
the dawn of this day, for it can only arrive through the deepening of
the public sentiment with reference to international relations. General
disarmament will not make wars to cease, but the ceasing of war will
bring about general disarmament! As already said, not to-day nor
to-morrow will this time come; we stand now only at the very beginning
of the developments that make for the realization of this ideal. It
cannot come to pass unless and until international society develops an
organization of a kind ever tending to perfect itself.
[Sidenote: Impossible for the family of nations to organize itself on
the model of the state.]
22. How then must and will this organization take shape? The proposals
which hitherto have been made for the organization of the world are
freaks of fancy. Of notable value as indications of idealistic
speculation in the midst of an adverse world, they crumble into dust
immediately they are soberly scrutinized. All proposals which aim at the
organization of international society after the pattern of the
organization of the state--whether a unitary state or a federal state,
or a system of confederated states--are either impracticable or do not
meet the needs of the case. Every organization of the community of
states must take as its starting-point the full sovereignty and the
absolute equality of states, and must preserve these characters intact.
There can, therefore, be no talk of a political central authority
standing above individual states; and so the organization in question
must be _sui generis_ and cannot frame itself on the model of state
organization.
[Sidenote: Impossible to draft a plan for the complete organization of
the family of nations.]
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