INTRODUCTION - The Future of International Law - 3 - L. Oppenheim

THE FUTURE OF INTERNATIONAL LAW CONCLUSION

INTRODUCTION

PAGE
[1. International law in the past] 1
[2. No international law in antiquity] 1
[3. How the conception of a family of nations arose] 2
[4. The law of nature as the basis of the law of nations] 2
[5. Positive international law] 4
[6. International legislation initiated by the Congress of Vienna] 4
[7. International Administrative Union] 5
[8. Legislation of the Peace Conferences and of the Naval Conference of London] 5
[9. The Permanent Court of Arbitration and other international courts] 6
[10. The Hague Peace Conferences as a permanent institution] 6
[11. Uncertainty as to the fate of the Declaration of London and of some of the Hague Conventions] 7
[12. The task of the future] 7

CHAPTER I
THE ORGANIZATION OF THE SOCIETY OF STATES

[13. Is the law of nations an anarchic law?] 9
[14. All law is order] 9
[15. The family of nations is a society ruled by law although it does not as yet possess special organs] 10
[16. Not necessary that the family of nations should remain an unorganized society] 11
[17. The pacificist ideal of an organization of the family of nations] 11
[18. The world-state is not desirable] 12
[19. The world-state would not exclude war] 13
[20. War may gradually disappear without a world-state] 14
[21. Importance of pacificism] 15
[22. Impossible for the family of nations to organize itself on the model of the state] 16
[23. Impossible to draft a plan for the complete organization of the family of nations] 16
[24. The Permanent Court of Arbitration the nucleus of the future organization of the family of nations] 17
[25. The Hague Peace Conferences as organs of the family of nations] 17
[26. Outlines of a constitution of the family of nations] 18
[27. The proposed constitution leaves state-sovereignty intact] 20
[28. The equality of states] 20
[29. Absence of any executive power] 21

CHAPTER II
INTERNATIONAL LEGISLATION

[30. Quasi-legislation within the domain of international law] 23
[31. Hague Peace Conferences as an organ for international legislation] 24
[32. Difficulties in the way of international legislation. The language question] 25
[33. The opposing interests of the several states] 25
[34. Contrasted methods of drafting] 25
[35. These difficulties distinct from those due to carelessness. Article 23 (h) of the Hague Regulations of land war is an example] 27
[36. The German and the English interpretation of Article 23 (h)] 27
[37. Davis's interpretation of Article 23 (h)] 28
[38. Impossible to reconcile the divergent views about Article 23 (h)] 29
[39. Difficulties due to the fact that international law cannot be made by a majority vote, or repealed save by a unanimous vote. A way out found in the difference between universal and general international law] 30
[40. International laws which are limited in point of time] 31
[41. International legislation no longer to be left to mere chance] 33
[42. The Declaration of London thoroughly prepared beforehand] 34
[43. The preparation of the Declaration a pattern for future international legislation] 34
[44. Intentionally incomplete and fragmentary laws] 35
[45. Interpretation of international statutes] 35
[46. International differences as regards interpretation] 36
[47. Different nations have different canons of interpretation] 37
[48. Controverted interpretation of the Declaration of London an example] 37
[49. Some proposals for the avoidance of difficulties in interpretation] 39

CHAPTER III
INTERNATIONAL ADMINISTRATION OF JUSTICE

[50. Law can exist without official administration] 41
[51. The Hague Court of Arbitration as a permanent institution] 41
[52. The proposed International Prize Court and Court of Arbitral Justice] 42
[53. Does the constitution of the International Prize Court violate the principle of the equality of states?] 43
[54. Does the International Prize Court restrict the sovereignty of the several states?] 43
[55. Would the formation of an international Prize Court of Appeal infringe the sovereignty of the several states?] 44
[56. The powers of the International Prize Court do not curtail state-sovereignty] 45
[57. Difference between international courts of arbitration and real international courts of justice] 46
[58. Fundamentals of arbitration in contradistinction to administration of justice by a court] 47
[59. Opposition to a real international court] 48
[60. A real international court does not endanger the peaceable settlement of disputes] 49
[61. Composition of an international court] 50
[62. International courts of appeal a necessity] 51
[63. Are international courts valueless if states are not bound to submit their disputes to them?] 52
[64. What is to be done if a state refuses to accept the decision of an international court?] 54
[65. Executive power not necessary for an international court] 54
[66. Right of intervention by third states and war as ultima ratio] 55

CHAPTER IV
THE SCIENCE OF INTERNATIONAL LAW

[67. New tasks for the science of international law] 56
[68. The science of international law must become positive] 56
[69. The science of international law must be impartial] 58
[70. The science of international law must free itself from the tyranny of phrases] 58
[71. The meaning of 'Kriegsräson geht vor Kriegsmanier'] 59
[72. The doctrine of Rousseau concerning war] 60
[73. The science of international law must become international] 63
[74. Necessary to consult foreign literature on international law] 63
[75. Necessary to understand foreign juristic methods] 64