The Future of International LawOppenheim, L. (Lassa)
History
The Future of International Law
Oppenheim, L. (Lassa)
International law
[Sidenote: Executive power not necessary for an international court.]
65. We have neither desire nor need to equip these courts with executive
power. In the internal life of states it is necessary for courts to
possess executive power because the conditions of human nature demand
it. Just as there will always be individual offenders, so there will
always be individuals who will only yield to compulsion. But states are
a different kind of person from individual men; their present-day
constitution on the generally prevalent type has made them, so to say,
more moral than in the times of absolutism. The personal interests and
ambition of sovereigns, and their passion for an increase of their
might, have finished playing their part in the life of peoples. The real
and true interests of states and the welfare of the inhabitants of the
state have taken the place thereof. Machiavellian principles are no
longer prevalent everywhere. The mutual intercourse of states is carried
on in reliance on the sacredness of treaties. Peaceable adjustment of
state disputes is in the interests of the states themselves, for war is
nowadays an immense moral and economic evil even for the victor state.
It may be that a state will decline to submit its cause to the
international tribunal because it thinks that its vital interests do not
allow such submission; but when, after weighing its interests, it has
once declared itself ready to appear before the court, it will also
accept the court's award. All other motives apart, the strong state will
do this, because its strength allows it to make voluntary submission to
the award, and the weak state will also do so because war would be
hopeless for it.
[Sidenote: Right of intervention by third states and war as _ultima
ratio_.]
Public-domain text, read in full here on John Shaqi.
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