The Future of International LawOppenheim, L. (Lassa)
History
The Future of International Law
Oppenheim, L. (Lassa)
International law
5. That, by the side of his international law, with its basis in natural
law, there was also a positive international law, was not unrecognized
by Grotius, but his purpose was merely to depict a system of
international law which should compel universal observance irrespective
of time and nation. And shortly after Grotius, Zouche and his followers
did indeed attempt, in opposition to him, to formulate just such a
positive international law, but it could not win for itself, at any rate
in the seventeenth century, any great recognition; development was
overshadowed by the system of Grotius, and many of his rules of natural
law gradually obtained recognition in practice as customary law. But the
increasing intercourse of states in the eighteenth century called forth
a more positive school of international jurists, and the works of
Bynkershoek, Moser, and Martens fertilized the soil on which in the
nineteenth century there could gradually grow a really positive theory
of international law, even if the scales which betoken its past
connexion with natural law still adhere to the international law of
to-day.
[Sidenote: International legislation initiated by the Congress of
Vienna.]
6. A positive theory of international law was demanded by the fact that
in the first quarter of the nineteenth century, with the Final Act of
the Congress of Vienna, the quasi-legislative activity of international
conventions asserted itself for the first time. From then onwards,
general international law was frequently evolved by means of an
international convention. It was in this way that the permanent
neutralization of Switzerland, Belgium, and Luxemburg was effected, the
navigation of the so-called international rivers in Europe declared
free, the slave-trade abolished, the grades of diplomatic agents
regulated, privateering abolished, the necessity of effectiveness in a
blockade recognized, the principle 'free ships, free goods' finally
established, neutral goods on enemy ships declared free, rules provided
in the interest of those wounded in battle, explosive bullets under the
weight of 400 grammes forbidden, the Suez Canal neutralized, and so
forth.
[Sidenote: International Administrative Union.]
7. Another fact of great importance is the endeavour, which first
manifested itself in the World Postal Union of 1874, to carry out the
international administration of common interests, economic and other, by
means of more or less general international unions. In this way a series
of international administrative unions, often conjoined with special
international boards, have been called into existence.
[Sidenote: Legislation of the Peace Conferences and of the Naval
Conference of London.]
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