The Future of International LawOppenheim, L. (Lassa)
History
The Future of International Law
Oppenheim, L. (Lassa)
International law
66. If, however, in spite of all, it should happen that a state declined
such acceptance of an award, the powers who were not parties would have
and would use the right of intervention. For there can be no doubt of
the fact that all states which took part in the erection of an
international court would have a right to intervene if a state which
entered an appearance before an international court should refuse to
accept its award. And of course, in such a case, war is always waiting
in the background as an _ultima ratio_; but it is in the background only
that it waits; while, apart from the erection of an international court,
it is standing in the foreground. The whole problem shows that the
development in question cannot be rushed, but must proceed slowly and
continuously. Step can follow step. The economic and other interests of
states are more powerful than the will of the power-wielders of the day.
These interests have begotten the law of nations, have driven states to
arbitration, have called forth the establishment of a Permanent Court of
Arbitration at The Hague, and are now at work compelling the erection of
international courts. Let us arm ourselves with patience and allow these
interests to widen their sway; they will bring about a voluntary
submission to the judgments of the international court on the part of
all states.
CHAPTER IV
THE SCIENCE OF INTERNATIONAL LAW
[Sidenote: New tasks for the science of international law.]
67. International organization and legislation and the establishment of
international courts are the business of the Hague Peace Conferences;
but to work out the new enactments and to turn them to good account and
to prepare for their practical application, this is the business of the
science of international law. Science obtains thereby a share in the
future of the law of nations, and quite new tasks are allotted to it. As
mentioned earlier, the law of nations was, until the first of the Peace
Conferences, essentially a book-law. Treatises depicted the law such as
it was growing, in the form of custom, out of the practice of states in
international intercourse. There were only a few international
enactments, and there was no international court practice. But that
state of things has now been altered once and for all. International
enactments appear in greater number. Decisions of international courts
will follow, just as we already possess a number of awards of the
Permanent Court of Arbitration. If science is to be equal to its tasks,
it must take good heed to itself, it must become wholly positive and
impartial, it must free itself from the domination of phrases, and it
must become international.
[Sidenote: The science of international law must become positive.]
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account