The League of Nations and Its Problems: Three LecturesOppenheim, L. (Lassa)
History
The League of Nations and Its Problems: Three Lectures
Oppenheim, L. (Lassa)
League of Nations
IV. During the second part of the Middle Ages more and more independent
States arose on the European continent, and during the fifteenth and
sixteenth centuries the necessity for a Law of Nations made itself felt.
A multitude of Sovereign States had now established themselves which,
although they were absolutely independent of one another, were knitted
together by constant commercial and other intercourse, by a common
religion, and by the same moral principles. Gradually and almost
unconsciously the conviction had grown upon these independent States
that, in spite of everything which separated them, they formed a
Community the intercourse of which was ruled by certain legal
principles. International Law grew out of custom because it was a
necessity according to the well-known rule _ubi societas ibi jus_, where
there is a community of interests there must be law. The several
independent States had thus gradually and unconsciously formed
themselves into a Society, the afterwards so-called Family of Nations,
or, in other words, a League of Nations.
And no sooner had this League of Nations come into existence--and even
some time before that date--than a number of schemes for the
establishment of eternal peace made their appearance.
The first of these schemes was that of the French lawyer _Pierre
Dubois_, who, as early as 1305, in his work 'De recuperatione terre
sancte,' proposed an alliance between all Christian Powers for the
purpose of the maintenance of peace and the establishment of a permanent
Court of Arbitration for the settlement of differences between members
of the alliance.
Another was that of _Antoine Marini_, the Chancellor of Podiebrad, King
of Bohemia, who adopted the scheme in 1461. This scheme proposed the
foundation of a Federal State to comprise all the existing Christian
States and the establishment of a permanent Congress to be seated at
Basle in Switzerland, this Congress to be the highest organ of the
Federation.
A third scheme was that of _Sully_, adopted by Henri IV of France,
which, in 1603, proposed the division of Europe into fifteen States and
the linking together of these into a Federation with a General Council
as its highest organ.
And a fourth scheme was that of _Emeric Crucee_, who, in 1623, proposed
the establishment of a Union consisting not only of the Christian States
but of all States of the world, with a General Council seated at Venice.
And since that time many other schemes of similar kind have made their
appearance, the enumeration and discussion of which is outside our
present purpose. So much is certain that all these schemes were Utopian.
Nevertheless, a League of Nations having once come into existence,
International Law grew more and more, and when in 1625 Hugo Grotius
published his immortal work on 'The Law of War and Peace,' the system of
International Law offered in his work conquered the world and became the
basis of all following development.
Public-domain text, read in full here on John Shaqi.
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