[§ 9. How far is International Law entitled to be called Law?]

If law is defined, as by Austin, "A rule laid down for the guidance of an intelligent being by an intelligent being having power over him,"[14] it would not be possible to include under it international law without undue liberality in the interpretation of the language.

In form, however, law is a body of rules and principles in accord with which phenomena take place. If these rules are not followed as enunciated by the state in case of statute law, certain penalties are inflicted. The nature of the penalty must to a great extent depend on the source. International law is the body of rules and principles, in accord with which, interstate phenomena take place. Violations of international law do not meet the same penalties as those of statute law, as they do not have the same source nor an established tribunal for their enforcement. International law is, however, in form law and in practice so regarded.[15]

[CHAPTER III]

HISTORICAL DEVELOPMENT

[§ 10. Early Period]

The history of the development of those rules and principles now considered in international law naturally falls into three periods, early, middle and modern.[16]

The early period dates from the time of the development of early European civilization, and extends to the beginning of the Christian Era. During this period the germs of the present system appear.[17]