The Future of International LawOppenheim, L. (Lassa)
History
The Future of International Law
Oppenheim, L. (Lassa)
International law
legislation of a state and international legislation save in the one
respect that in both law is made in a direct, conscious and purposive
manner, in contrast to law that originates in custom.
[Sidenote: Hague Peace Conferences as an organ for international
legislation.]
31. International law of the legislative kind existed before the law of
the Hague Peace Conferences; it issued from the conventions drawn up
from time to time at congresses and conferences. It was a great step
forward that the Congress of Vienna was able, for the first time, to
create general international law by agreement, and that thereby general
international law of the legislative kind could come into existence side
by side with the customary law of nations. But the nineteenth century
introduced international legislation only occasionally. If, as sketched
above, success attends the attempt to make the Hague Peace Conferences a
permanent institution, there would be evolved for the society of states
a legislative organ corresponding to the parliaments of individual
states. A wide field opens thus for further international legislative
activity. Even if the time be not ripe for a comprehensive codification
of the whole law of nations, there is nevertheless a series of matters
in need of international regulation; for example, extradition, the
so-called international private law and international criminal law,
acquisition and loss of nationality, and a series of other matters, not
to mention matters of international administration. Matters which are
already governed by customary law might also be brought within the
domain of enacted law, and at the same time could be put as regards
details upon a surer basis. I have in mind the law of ambassadors and
consuls, the law concerning the open sea and territorial waters, the law
about merchantmen and men-of-war in foreign territorial waters, and more
of this kind.
[Sidenote: Difficulties in the way of international legislation.]
32. The peculiar character of international legislation involves,
however, difficulties of all sorts.
[Sidenote: The language question.]
There is, to begin with, the question of language. Seeing that it is
impossible to employ all languages in the enactment of rules of
international law, an agreement must be made for adopting some one
language for these laws, in the same way that French is used at the
present time. But the difficulty thence arising is not insuperable, and
is hardly greater than that which is encountered in drafting a treaty
between peoples whose speech belongs to different families. It must,
however, be a rigid rule that in every case of doubt the text of the law
in its original language--not that of a translation into the languages
of other countries--is authoritative.
[Sidenote: The opposing interests of the several states.]
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