Family of Nations

Family of Nations

The Family of Nations is a Society Ruled by Law Although it Does Not as Yet Possess Special Organs

Lassa Oppenheim, in the book entitled The Future of International Law, about The Family of Nations is a Society Ruled by Law Although it Does Not as Yet Possess Special Organs, wrote in 1921: 15. The admission that hitherto the international society of states has not possessed any special organs, is not an admission that it has not been an ordered society. Quite the contrary is the case, for numerous rules may be pointed to which show that that society is an ordered one. There are the rules which relate to the independence of each state of all other states, to the equality of all states, to their supremacy both personal and territorial, and to their responsibility; and in addition, there are those rules which, exceptionally, allow, or at any rate excuse, certain inroads on the legal sphere of other states. And the admission that hitherto this society has possessed no permanent special organs is not an admission that no ways and means are available for the maintenance of existing order and for the formation of more thoroughgoing order, and for the development of a quasi-legislative and administrative activity. Here, too, quite the contrary is the case. Every state has possessed and possesses numerous organs for its international relations, these relations are governed by international conventions and international custom, and numerous congresses and conferences assemble from time to time, when it is a question of making international arrangements of a more general character. In this way, it has been possible, even without permanent organs of the international society, to increase and multiply the rules of the law of this society. It does not follow, however, that this society would not attain its aims better than in the past, if it were able to convert itself from an unorganized into an organized society.

Not Necessary That the Family of Nations Should Remain an Unorganized Society

Lassa Oppenheim, in the book entitled The Future of International Law, about Not Necessary That the Family of Nations Should Remain an Unorganized Society, wrote in 1921: 16. The assertion that, because of the unlimited sovereignty of its members, the family of nations must remain for all time an unorganized society, either has in view the organization of international society on the model of a state, or is founded on an untenable conception of the idea of sovereignty. If the compression of the whole world into the form of a single state were attained, the states of the day would certainly lose their sovereignty and be degraded into provinces. On the other hand, however, the sovereignty of the members of the international society just as little excludes its organization as the fact of the existence of this society excludes the sovereignty of its members. Sovereignty as the highest earthly authority, which owes allegiance toon other power, does not exclude the possibility that the sovereign should subject himself to a self-imposed order, so long as this order does not place him under any higher earthly power. All members of the international society thus subject themselves in point of fact to the law of nations without suffering the least diminution of their sovereignty. But of course, for him to whom sovereignty is equivalent to unrestrained power and unlimited arbitrariness of conduct, there cannot be any international law at all, any more than any constitutional law, seeing that international and constitutional law are opposed to absolute arbitrariness, even though they recognize that a sovereign state is the highest earthly authority.

Impossible to Draft a Plan For the Complete Organization of the Family of Nations

Lassa Oppenheim, in the book entitled The Future of International Law, about Impossible to Draft a Plan For the Complete Organization of the Family of Nations, wrote in 1921: 23. It is, however, impossible to draft at the present time the plan ofsuch a complete organization in its details or even in mere outline. Thegrowth and final shaping of the international organization will go handin hand with the progress of the law of nations. Now the progress of thelaw of nations is conditioned by the growth of the internationalcommunity in mental strength, and this growth in mental strength in itsturn is conditioned by the growth in strength and in bulk, thebroadening and the deepening, of private and public internationalinterests, and of private and public morale. In the nature of the casethis progress can mature only very slowly. We have here to do with aprocess of development lasting over many generations and probablythroughout centuries, the end of which no man can foresee. It is enoughfor us to have the beginning of the development before our eyes and, sofar as our strength and insight extend, to have the opportunity oftrying to give it its appropriate aim and direction. More we cannot do.Much, if not all, depends on whether the international interests ofindividual states become stronger than their national interests, forno state puts its hand to the task of international organization savewhen, and so far as, its international interests urge it more or lessirresistibly so to do.

Outlines of a Constitution of the Family of Nations

Lassa Oppenheim, in the book entitled The Future of International Law, about Outlines of a Constitution of the Family of Nations, wrote in 1921: 26. It is not, however, enough that agreement should make periodic Peace Conferences a permanent institution. The international community must provide itself with a constitution, the ground-plan of which would be something like the following: 1. The society of states is composed of all sovereign states which mutually recognize each other’s internal and external independence. 2. Every recognized sovereign state has the right to take part in the Peace Conferences. 3. No state taking part in the Conferences is bound by the resolutions of the Conferences without its assent. Majority resolutions only bind the members of that majority. On the other hand, no state is entitled to require that only such resolutions be adopted as it assents to. 4. Every participant state has the right to be heard at the Conferences, to bring forward proposals, to make motions, and to speak on the proposals and motions of other participants. 5. A standing international commission shall be appointed whose duty it shall be to summon all the members of the international community to the Conferences, to make previous inquiries as to the proposals and motions which are to be brought before the Conference and to inform all participants of them, and to prepare and carry out all other business which the Conferences may from time to time entrust to it. 6. Rules of procedure for the Conferences shall be elaborated, which shall govern the conduct of the proceedings of the Conferences, so that the proceedings can follow a defined course without degenerating into a time-wasting discussion. 7. The question of the presidency of the Conferences shall be settled once for all, so that no room be left for quarrels and jealousies about precedence. It might perhaps be found expedient before every Conference to decide on the presidency by lot. 8. All resolutions come into force only when and so far as they are ratified by the respective states. On the other hand, every state binds itself, once and for all, to carry out in good faith the resolutions which it has ratified. 9. All states bind themselves to submit to the decisions of the international tribunals to which they have appealed, so far as these decisions are within the competence of the respective tribunals. Something like this would be the ground-plan of a constitution of the international community. Rules 5-7 are demanded by the nature of the case; rules 1-4 and 8-9 contain nothing new, but merely express what observation would show to be the legal position at present.

Family of Nations

Embracing mainstream international law, this section on family of nations explores the context, history and effect of the area of the law covered here.

Resources

Further Reading

  • The entry “family of nations” in the Parry and Grant Encyclopaedic Dictionary of International Law (currently, the Encyclopaedic Dictionary of International Law, 2009), Oxford University Press

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