The Future of International LawOppenheim, L. (Lassa)
History
The Future of International Law
Oppenheim, L. (Lassa)
International law
5. A standing international commission shall be appointed whose
duty it shall be to summon all the members of the international
community to the Conferences, to make previous inquiries as to
the proposals and motions which are to be brought before the
Conference and to inform all participants of them, and to
prepare and carry out all other business which the Conferences
may from time to time entrust to it.
6. Rules of procedure for the Conferences shall be elaborated,
which shall govern the conduct of the proceedings of the
Conferences, so that the proceedings can follow a defined
course without degenerating into a time-wasting discussion.
7. The question of the presidency of the Conferences shall be
settled once for all, so that no room be left for quarrels and
jealousies about precedence. It might perhaps be found
expedient before every Conference to decide on the presidency
by lot.
8. All resolutions come into force only when and so far as they
are ratified by the respective states. On the other hand, every
state binds itself, once and for all, to carry out in good
faith the resolutions which it has ratified.
9. All states bind themselves to submit to the decisions of the
international tribunals to which they have appealed, so far as
these decisions are within the competence of the respective
tribunals.
Something like this would be the ground-plan of a constitution of the
international community. Rules 5-7 are demanded by the nature of the
case; rules 1-4 and 8-9 contain nothing new, but merely express what
observation would show to be the legal position at present.
[Sidenote: The proposed constitution leaves state-sovereignty intact.]
27. It must be particularly remarked that such a constitution can in no
way infringe on the full sovereignty of individual states. Apart from
the fact that the idea of sovereignty indicates an absolute independence
of any higher earthly power, that idea has never acquired a rigid and
uniformly recognized content. Times and circumstances have influenced
and shaped it in different states and in the mouths of different
authorities. This development of the idea, an idea which has won a place
for itself and the retention of which seems desirable despite all
opposition, may go further still in the future.
[Sidenote: The equality of states.]
Public-domain text, read in full here on John Shaqi.
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