The Future of International LawOppenheim, L. (Lassa)
History
The Future of International Law
Oppenheim, L. (Lassa)
International law
25. Reference must in conclusion be made to the Hague Peace Conferences
themselves, for it is to be expected that such Conferences will assemble
periodically in the future. If success attends the effort to bring all
members of the international community to an agreement, in virtue of
which a Hague Peace Conference assembles at periodic intervals without
being called together by this or that power, then an organ of
international society will have arisen, the value of which none can
decry. It will then be possible to say that the international community
has become an actually organized society, and it will then be no longer
open to doubt that the organization of this society will gradually
become more and more developed. Before everything else this at least
will then be attained, that an organ of the international society of
states, comparable to the parliaments of individual states, will have
come into existence, which can attend to international legislation as
the needs of the time require, and can cause a continuous growth in the
range of matters submitted to international tribunals. All the same, I
yield myself to no hot-blooded hope of a speedy realization of Utopian
schemes. Even when this organization is already there, progress will be
but slight and gradual, and will encounter unceasing opposition.
Progress in this department has always to reckon on a conflict with
adverse interests and efforts, and it must be expected that in the
continuous struggle between _international_ and _national_ interests the
latter will only slowly prepare themselves to yield.
[Sidenote: Outlines of a constitution of the family of nations.]
26. It is not, however, enough that agreement should make periodic Peace
Conferences a permanent institution. The international community must
provide itself with a constitution, the ground-plan of which would be
something like the following:
1. The society of states is composed of all sovereign states
which mutually recognize each other's internal and external
independence.
2. Every recognized sovereign state has the right to take part
in the Peace Conferences.
3. No state taking part in the Conferences is bound by the
resolutions of the Conferences without its assent. Majority
resolutions only bind the members of that majority. On the
other hand, no state is entitled to require that only such
resolutions be adopted as it assents to.
4. Every participant state has the right to be heard at the
Conferences, to bring forward proposals, to make motions, and
to speak on the proposals and motions of other participants.
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