The Future of International LawOppenheim, L. (Lassa)
History
The Future of International Law
Oppenheim, L. (Lassa)
International law
49. However this may be, the illustration adduced is sufficient proof
that the interpretation of international enactments creates a difficulty
of its own for international legislation. International legislators must
bring even greater solicitude than municipal legislators to the
expression of their real meaning in rigid terms. And this aim can only
be attained by the most assiduous preparation and consideration of the
contents of the enactment. It would be best if these contents were
published and thereby submitted to expert discussion before they were
finally accepted at the Conferences. The national jurisconsults of the
participant states would thus be enabled to criticize the proposals and
to indicate the points which especially need clearing up. It might also
be possible to consider the enactment, by convention, of an
international ordinance containing a series of rules for the
interpretation and construction of all international statutes. This
much is sure, that the interpretation of international statutes must be
freer than that of municipal statutes, and must therefore be directed
rather to the spirit of the law than to the meaning of the words used.
This is all the more requisite because French legal language is foreign
to most of the states concerned, and because it is not to be expected
that before ratification they should obtain minute information about the
meaning of every single foreign word employed.
CHAPTER III
INTERNATIONAL ADMINISTRATION OF JUSTICE
[Sidenote: Law can exist without official administration.]
50. It is inherent in the nature of law that it should be put in
question whenever from time to time one party raises a claim in the name
of the law which the other resists in the name of the same law. If,
however, it be asserted that there cannot be any law where there is no
official administration of justice, this is a fallacy, and the fallacy
lies in considering the presence of the elements of the more perfect
situation to be presupposed in the less perfect situation. Beyond a
doubt it is the administration of law which gives law the certainty that
its authority will in every case obtain operative effect. But this
operative effect is obtainable even apart from administration, because
those who are subject to the law are in most cases clear as to its
contents, and so they raise no question about it, but submit to its
application without any need of recourse to jurisdictional officials.
All the same, when a dispute does arise, law needs official
administration: and, accordingly, in the long run, no highly developed
legal society can dispense with it.
[Sidenote: The Hague Court of Arbitration as a permanent institution.]
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