The Future of International LawOppenheim, L. (Lassa)
History
The Future of International Law
Oppenheim, L. (Lassa)
International law
62. Obviously it will not be possible in the long run to stop at a
single international court; the erection over the court of first
instance of an international court of appeal is also a necessity. The
proposed Prize Court will indeed be itself a court of appeal because it
cannot be approached until one or two national courts have spoken. But
the proposed International Court of Justice would be a court of first
instance. Now there are no infallible first-instance decisions. Even
courts are fallible and make mistakes. If this is universally recognized
for municipal administration of justice, it must be recognized for
international administration of justice, all the more as public and not
private interests are then in issue. If states are to feel bound to rely
on their right rather than on their might, and to submit it to a
judicial decision, it must be possible to carry an appeal against a
decision of the International Court of Justice to a higher tribunal.
Many advocates of arbitration will not hear of an appeal. In this they
may be right as regards a real arbitral decision given _ex aequo et
bono_, but their arguments lose all force before the nakedly jural
decision of a real court.
The difficulties which beset the erection of an international court and
the appointment of its members may lead to the renunciation of the
immediate establishment of an international court of appeal. But when
once the International Court is in active working, the demand for a
court of appeal will be raised and it will not be silenced until it has
been satisfied. It would be premature to make proposals now as to the
manner in which such a court of appeal ought to be composed, and as to
the way in which it could be brought into existence. It is enough to
have pointed to the need for it. Directly this need makes itself felt,
ways and means will be found for supplying it.
[Sidenote: Are international courts valueless if states are not bound to
submit their disputes to them?]
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