The Future of International LawOppenheim, L. (Lassa)
History
The Future of International Law
Oppenheim, L. (Lassa)
International law
63. We next are faced by the objection, what possible value can the
establishment of international courts possess if it be optional to
states either to submit their causes to them or to rely on arms for a
decision of those causes? It is, accordingly, asserted that such courts
can only be of value if states place themselves under a permanent
obligation to submit to them all or at any rate the greater number of
their disputes. This leads to the question of obligatory arbitration
treaties, which played so prominent a part at the second Peace
Conference, and will surely come up again at the third Conference. I
have not the slightest doubt that the third or some later Conference
will agree on the obligatory reference of certain disputes between
states to arbitration, but the matter is of quite subordinate importance
so far as the erection of international courts is in question. Any one
who contemplates international life and the relations of states to one
another, without prejudice and with open eyes, will see quite clearly
that, when once there exist international courts, states will
voluntarily submit a whole series of cases to them. These will, at
first, admittedly, be cases of smaller importance for the most part, but
in time more important cases will also come to them, provided that the
jurisprudence developed in them is of high quality, and such as to give
states a guarantee for decisions at once impartial and purely jural and
free from all political prepossessions. _It is the existence of the
institution which is the vital question now._ Once the machinery is
there, it will be utilized. In all states of the world there are
movements and forces at work to secure the ordered and law-protected
settlement of international disputes. The existence of an international
court will strengthen these movements and forces and render them so
powerful that states will scarcely be able to withdraw themselves from
their influence. And the time when states were ready to draw the sword
on every opportunity belongs to the past. Even for the strongest state
war is now an evil, to which recourse is had only as _ultima ratio_,
when no other way out presents itself.
[Sidenote: What is to be done if a state refuses to accept the decision
of an international court?]
64. In conclusion the great question is, what is to happen if a state
declines to accept the decision of the international court to which it
has appealed?
Important as this question may be in theory, it is a minor one in
practice. It will scarcely happen in point of fact--assuming that there
is an international court of appeal above the court of first
instance--that a state will refuse a voluntary acceptance of the award
of an international court. Only slowly, and only when irresistibly
compelled by their interests so to do, will states submit their disputes
to international courts. But when this is the case these same interests
will also compel them to accept the award then made.
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