The Future of International LawOppenheim, L. (Lassa)
History
The Future of International Law
Oppenheim, L. (Lassa)
International law
41. However this may be, one point must be decisively
emphasized,--international legislation can no longer be left to mere
chance. Apart from the Declaration of London and the Geneva Convention,
it has always hitherto been a more or less happy chance which has
controlled international legislation. Of conscious legislative
consideration and deliberation, based on far-reaching, thoroughgoing
preparation, there is no trace. For example, the Declaration of Paris of
1856 was but a by-product of the Peace of Paris of the same year. So
also the legislation of the first Peace Conference was simply due to the
anxiety to accomplish something positive which might conceal the fact
that the proposed aim of the Conference--general disarmament, to
wit--had in no wise been realized. At the second Peace Conference we did
indeed see individual states appear with some well-prepared projects of
legislation, but the preparation was entirely one-sided on the part of
the states in question, and not general; accordingly, the adoption,
rejection, amendment, and final shaping of these projects were also none
the less the result of chance. The second Peace Conference itself took
steps to prevent a repetition of this, calling the attention of the
powers in its Final Act to the necessity of preparing the programme of
the future third Conference a sufficient time in advance to ensure its
deliberations being conducted with the necessary authority and
expedition:
In order to attain this object the Conference considers that it
would be very desirable that, some two years before the
probable date of the meeting, a preparatory committee should be
charged by the Governments with the task of collecting the
various proposals to be submitted to the Conference, of
ascertaining what subjects are ripe for embodiment in an
international regulation, and of preparing a programme which
the Governments should decide upon in sufficient time to enable
it to be carefully examined by each country.
[Sidenote: The Declaration of London thoroughly prepared beforehand.]
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