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
II. You believe no doubt, because nearly everyone believes it, that the
conception of a League of Nations is something quite new. Yet this is
not the case, although there is something new in the present conception,
something which did not exist previously. The conception of a League of
Nations is very old, is indeed as old as modern International Law,
namely about four hundred years. International Law could not have come
into existence without at the same time calling into existence a League
of Nations. _Any kind of an International Law and some kind or other of
a League of Nations are interdependent and correlative._ This assertion
possibly surprises you, and I must therefore say a few words concerning
the origin of modern International Law in order to make matters clear.
III. In ancient times no International Law in the modern sense of the
term existed. It is true there existed rules of religion and of law
concerning international relations, and ambassadors and heralds were
everywhere considered sacrosanct. But these rules were not rules of an
_International_ Law, they were either religious rules or rules which
were part of the Municipal Law of the several States. For instance: the
Romans had very detailed rules concerning their relations with other
States in time of peace and war; but these were rules of Roman law, not
rules of the law of other countries, and certainly not _international_
rules.
Now what was the reason that antiquity did not know of any International
Law?
The reason was that between the several independent States of antiquity
no such intimate intercourse arose and no such common views existed as
to necessitate a law between them. Only between the several city States
of ancient Greece arose some kind of what we should now call
'International Law,' because these city States formed a Community
fostered by the same language, the same civilisation, the same religion,
the same general ideas, and by constant commercial and other
intercourse. On the other hand, the Roman Empire was a world empire, it
gradually absorbed all the independent nations in the West. And when the
Roman Empire fell to pieces in consequence of the migration of the
peoples, the old civilisation came to an end, international commerce and
intercourse ceased almost entirely, and it was not till towards the end
of the Middle Ages that matters began to change.
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