Chapter I: Front Matter

Pamphlet Series of the
Carnegie Endowment for International Peace
DIVISION OF INTERNATIONAL LAW
No. 39

THE FUTURE OF
INTERNATIONAL LAW

BY L. OPPENHEIM, LL.D.

MEMBER OF THE INSTITUTE OF INTERNATIONAL LAW

WHEWELL PROFESSOR OF INTERNATIONAL LAW IN THE
UNIVERSITY OF CAMBRIDGE, ENGLAND

HON. MEMBER OF THE ROYAL ACADEMY OF JURISPRUDENCE IN MADRID

OXFORD: AT THE CLARENDON PRESS
London, Edinburgh, New York, Toronto, Melbourne and Bombay
HUMPHREY MILFORD
1921

PRINTED IN ENGLAND
AT THE OXFORD UNIVERSITY PRESS

INTRODUCTORY NOTE

In a note prepared in 1915 for the English edition, Professor Oppenheim stated the circumstances under which his tractate on _The Future of International Law_ was undertaken and published.

'This little work,' he said, 'originally written in German, was
first published in 1911, under the title _Die Zukunft des
Voelkerrechts_ (Leipzig: W. Engelmann), as a contribution to the
_Festschrift_ offered to Professor Karl Binding. Events which
have since happened make it necessary to call the reader's
attention to the date of original publication.

'The translation into English has been made by Dr. John Pawley
Bate. In accordance with the wish of the author some slight
modifications of the original text were made before
translation. The numbers of the paragraphs and the marginal
summaries do not appear in the original.'

As was his wont with all his publications, Professor Oppenheim had sent the undersigned a copy of the German text. The value of 'this little work', as its author called it, was at once apparent, and he yielded to the suggestion that it be put into English, in order that it might be available to English readers in the four quarters of the globe. It was accordingly translated, set up in type, and was on the point of appearing, when on July 28, 1914, the then Austro-Hungarian Monarchy declared war upon Serbia; on August 1 the then German Empire declared war upon Russia, and two days later against France, violated the neutrality of Luxemburg on the same day, and the neutrality of Belgium on the night of the 3rd and 4th of August--thus beginning the series of wars which, taken together, are commonly called the World War.

Professor Oppenheim subsequently came to the conclusion that it would be better to withhold publication until the end of the war. It was done, and the deposit of ratifications of the Treaty of Versailles on January 10, 1920, removed this obstacle.

It should be said, however, that Professor Oppenheim expressed doubts on more than one occasion as to the desirability of its publication, but he allowed himself to be persuaded that an English version might be of service to the great and worthy cause of international law and of international organization. Modesty was not the least of his virtues.

From time to time Professor Oppenheim has ventured into the same field. In 1918, in the performance of his duty 'to lay down such rules and suggest such measures as may tend to diminish the evils of war and finally to extinguish war between nations', he delivered three lectures on _The League of Nations and its Problems_, as holder of the Chair of International Law, founded by Dr. Whewell in the University of Cambridge. As in _The Future of International Law_, so in the lectures, he started from the Hague Conferences and made the work of The Hague the foundation upon which he would base any scheme of international organization. The epigraph which he put upon the title-page, _Festina Lente_, indicated the spirit in which he approached his task and the advice which he felt called upon to give to the most casual of his readers. In the lectures he took a step in advance--or backward, according to the point of view--advocating that all members of a league of nations should 'agree to unite their economic, military, and naval forces against any one or more States which resort to arms without submitting their disputes to International Courts of Justice or International Councils of Conciliation'.

In the course of 1919, and after the signature of the Treaty of Versailles on June 28 of that year, Professor Oppenheim contributed to the _Revue generale de droit international public_ an article in French on _The Essential Character of the League of Nations_. And what may be considered as his final views on the subject are contained in the third edition of his _Treatise on International Law_ (vol. i, pp. 264-310), the first volume of which appeared in 1920. Professor Oppenheim accepted the League of Nations, but his eyes were open to its defects as well as to its merits.

The partisans of the present League of Nations will prefer Professor Oppenheim's later views, as expressed in his lectures and in the _Treatise on International Law_. The opponents of the present League of Nations will prefer his earlier views, contained in the present publication. The future will decide which are the more acceptable.

At the Oxford session of the Institute of International Law, held a year to the month before the outbreak of the World War, it was the custom of its members to pass the evenings together in informal discussion of their chosen subject. On one occasion the discussion assumed the form of a dialogue between Professor Oppenheim on the one hand and Mr. Elihu Root on the other. At an unusually late hour the company broke up, and Mr. Root, putting out his hand to Professor Oppenheim, said, 'Bon soir, cher Maitre'.

James Brown Scott,
_Director of the Division of International Law_.

WASHINGTON, D.C.
_February 28, 1921._

CONTENTS