The Future of International LawOppenheim, L. (Lassa)
History
The Future of International Law
Oppenheim, L. (Lassa)
International law
40. So also, the difficulty is not insuperable as regards the other
point, namely, that international enactments when once in existence
cannot be repealed or amended save by a unanimous resolution of the
participant states. Here, too, the analogy between municipal and
international legislation must not be pushed too far. Municipal
legislation can at any time be annulled or altered by the sovereign
law-maker; but international legislation, for want of a sovereign over
sovereign states, is not open to such treatment. Here there is a way
out, which was in fact adopted at the second Peace Conference, and also
at the Naval Conference of London, namely, the enactment of laws so
limited in duration to a period of years, that at the expiry of the
period every participant state can withdraw. In this way, for example,
it was agreed that the law about the International Prize Court and the
Declaration of London should only be in force for twelve years, and that
any of the powers which were parties thereto might withdraw twelve
months before the expiry of that period, and that, if and as far as no
withdrawal ensued, these laws should from time to time be continued in
force automatically for a further period of six years. This kind of
international legislation, with its time limit and the right of
denunciation, is to be recommended wherever more or less hazardous
legislative experiments are being made, or where interests are at stake
which in course of time are liable to such an alteration as obliges
states to insist on the amendment or repeal of the previously made law.
For example, the International Prize Court as a whole, and its
composition, constitution, and procedure in particular, form an
unparalleled experiment. But the fact that its institution is only to be
agreed on for a period of twelve years facilitates its general
acceptance, because of the possibility of either abrogating it
altogether, or of reforming it, should experience show this to be
necessary.
[Sidenote: International legislation no longer to be left to mere
chance.]
Public-domain text, read in full here on John Shaqi.
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