The Future of International LawOppenheim, L. (Lassa)
History
The Future of International Law
Oppenheim, L. (Lassa)
International law
42. In contrast to the rules of the Peace Conferences, a really notable
and exemplary preparation took place in connexion with the Declaration
of London, and the befitting result was a law excellent alike in matter
and in form. England, the state which summoned the Naval Conference of
London, made a collection of the topics which would arise, and
communicated it to the states attending the Conference with the request
that they would send in full statements on the subjects mentioned. After
the answers to this request had come in they were collated with regard
to each of the points on which discussion would arise, and _bases de
discussion_ were elaborated which made a thorough examination of each
point possible at the Conference. By this means it was at once made
clear when the different states were in accord and when not. The door to
compromise was opened. And apart from a few vexed questions an agreement
was in this way successfully reached with regard to a comprehensive law
resting at every point on exhaustive deliberation.
[Sidenote: The preparation of the Declaration a pattern for future
international legislation.]
43. This model method must be the method of the future. If, as indicated
in §26 above, Art. 5, a permanent commission for the preparation of the
Peace Conferences be successfully inaugurated, it will be its task to
make preliminary preparations for the legislative activity of the
Conferences in the manner just sketched out, and chance will no longer
have the same part to play as heretofore. International legislation will
no longer produce anything so full of gaps as the 'Regulations
respecting the laws of land warfare', which leave essential
matters--for instance, capitulations and armistices--without any
adequate regulation.
[Sidenote: Intentionally incomplete and fragmentary laws.]
44. Of course, where the interests of different states are still
involved in some uncertainty, or are in such antagonism that a complete
agreement is impossible, even the fullest preparation and most
painstaking deliberation will not procure a more satisfactory treatment
for many matters than that the legislation which regulates them should
be (so to say) only experimental and intentionally incomplete and
fragmentary in character. Thus, for example, the Conventions about the
conversion of merchantmen into men-of-war and about the use of mines in
naval war can only be considered as legislative experiments, regulating
these matters merely temporarily and in an incomplete and unsatisfactory
manner. But even conventions which designedly are full of lacunae have
their value. They embody all the same an agreement upon some important
parts of the respective topics, and provide a regulation which in every
case is better than the chaos previously prevailing in the areas in
question. They also constitute a firm nucleus round which either custom
or future legislation can develop further regulation.
[Sidenote: Interpretation of international statutes.]
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