The Future of International LawOppenheim, L. (Lassa)
History
The Future of International Law
Oppenheim, L. (Lassa)
International law
60. This last objection has already been dealt with above (paragraph
55), where it is shown that a judicial award as an authoritative
declaration of the legitimate character of an act or claim has, in and
for itself, nothing to do with the governmental execution of the award.
But as to the fear that the erection of an international court might
endanger the peaceable settlement of disputes and the development of
international arbitration, that is certainly groundless. The contrary is
the case, as is shown by the fact that the happy movement towards the
erection of an international court was initiated by the United States of
North America. This country, which since its entry into the
international community of states has more than any other championed the
idea of the arbitral adjustment of disputes, and has in practice put it
to good use, is well aware of the value of arbitration, but, on the
other hand, it knows also how to prize the purely legal decision of
legal questions. It has actually happened that a state has not ventured
to submit a certain dispute to arbitration because it feared that its
claim would not receive jural treatment in this way. It is just because
the existence of an international court would promote the non-warlike
settlement of international claims that its erection has been put
forward. The reason is that even with the most careful selection of
arbiters, one is never certain beforehand as to the quarter whence they
will derive their ideas of the _aequum et bonum_, whilst with a jural
settlement of claims the decision rests on the sure basis of law.
Further, the erection of an international court is not intended to cause
the suppression of the so-called Permanent Court of Arbitration; on the
contrary, the machinery of this latter is to be retained in full
existence, so that the parties may in every case be able to choose
between the Court of Arbitration and a real court. The future will show
that both can render good service side by side.
[Sidenote: Composition of an international court.]
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