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Two Representatives of the Grotian School

Published online by Cambridge University Press:  04 May 2017

Extract

The growth of international law, both in precision and in scope, has been one of the marked features of the general development of law in the nineteenth century. It is true that even at the present day the reproach is often cast upon international law that its content is unsettled, its authority vague, and its method unscientific. But one has only to compare the standard text-books of the present day with the treatises that were quoted as authorities in the beginning of the nineteenth century to realize the great progress which has been made towards the establishment of international law upon a truly scientific basis. It cannot fairly be expected that international law should have as yet attained, or shall in the near future attain, the precision and definiteness of municipal law. The last decade of the century did indeed witness the first sitting of an international legislative body in the form of a conference at The Hague, which enacted what may be called international statutory law. But apart from the fact that this body was composed of the representatives of independent, not of federal, states, and therefore its rulings could not be final, the subject-matter with which it dealt was in many cases not such as would admit of definition and analysis after the methods of municipal law. The states composing the family of nations present differences of physical, mental and moral characteristics far more marked than those exhibited by the individuals within a given state, and it is but natural therefore that it should be correspondingly difficult to codify in a precise and scientific manner the rules governing their mutual relations. But while the difficulties attending the codification of international law cannot be denied, there is reason to believe that the growth of international law during the twentieth century will proceed towards its appointed goal as steadily as it has done during the nineteenth century.

Type
Research Article
Copyright
Copyright © American Society of International Law 1914

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References

1 Manuel de Droit International Public, par Henry Bonfils, Sixième Édition, Revue et mise an courant par Paul Fauchille. Paris: Arthur Rosseau. 1912. pp. viii, 1121. Cours de Droit International Public, par Frantz Despagnet, Quatriéme Édition, Complètement Revue, Augmentée et mise au courant par Ch. de Boeck. Paris: Larose et Tenin. 1910. pp. vi, 1430.

2 Op. cit. 5.

3 Ibid, 7.

4 Ibid, 14.

5 Op. cit. 48–49.

6 Ibid, 51.

7 Op. cit. 51.

8 Op.cit. 10, 11.

9 Op. cit. 12.

10 Op. cit. 45–46.

11 Op. cit. 682.

12 Ibid, 686–687.

13 Op. cit. 812.

14 International Law, 6th ed.

15 International Problems and Hague Conferences, 89.

16 Op. cit. 994–1012.

17 Op. cit. 1266–1274.

18 Op. cit. 1059.

19 Op. cit. 1009.

20 Op. cit. 866.

21 Ibid, 1071.

22 Op. cit. 1072.