The Future of International LawOppenheim, L. (Lassa)
History
The Future of International Law
Oppenheim, L. (Lassa)
International law
61. If the erection of an international court comes to pass, the
equipment of it with competent and worthy men will be of the highest
importance. Their selection will have difficulties of all sorts to
overcome. The peculiar character of international law, the conflict
between the positive school and the school which would derive
international law from natural law, the diversity of peoples (consequent
on diversity of speech and of outlook on law and life) and of legal
systems and of constitutional conceptions, and the like--all these bring
the danger that the court in question should become the arena of
national jealousies, of empty talk, and of political collisions of
interest, instead of being the citadel of international justice. All
depends on the spirit in which the different governments make the choice
of judges. Let regard be paid to a good acquaintance with international
law joined to independence, judicial aptitude, and steadfastness of
character. Let what is expected of candidates be the representation not
of political interests but of the interests of international
jurisprudence. Let nomination be made not of such diplomatists as are
conversant with the law of nations, but of jurists who, while conversant
with this branch of law, have had the training required of members of
the highest state judiciary, and have been tested in practice. Let men
be chosen who are masters not only of their own language and of French,
but also of some other of the most widely diffused languages, and who
possess an acquaintance with foreign legal systems. If this be done, all
danger will be avoided. Judges so selected will speedily adapt
themselves to the _milieu_ of the international court and be laid hold
of by it, and their equipment for their task completed. As things are at
present, the institution of an international court is an unheard-of
experiment. But the experiment must be made at some time, and the hope
may be confidently entertained that it will be successful. Petty
considerations based on the weakness of humanity and doubts as to the
sincerity of the efforts of states to submit themselves voluntarily to
international tribunals must be silenced. Fear of international
entanglements and groupings is misplaced. National prejudices and
rivalries must keep in the background. The big state's disdain of the
little state and the little state's mistrust of the big state must give
place to mutual respect. Opposed to the hope and confidence that the
experiment will succeed there are no considerations other than those
which have been arrayed against every step forward in international
life. They will disappear like clouds when the sun of success has once
begun to shine upon the activity of the International Court.
[Sidenote: International courts of appeal a necessity.]
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