there is
no relation of superior and subject, provided only that the relation
between the members is regulated in an ordered manner. That the
international society of states is orderly regulated after this wise
will be denied by no one who looks at it without prejudice, and who
does not confuse order in a society with order of such a kind as is
maintained by special organs of the society in question.
[Sidenote: The family of nations is a society ruled by law although it
does not as yet possess special organs.]
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.
[Sidenote: Not necessary that the family of nations should remain an
unorganized society.]
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
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