FREE BOOKS

Author's List




PREV.   NEXT  
|<   22   23   24   25   26   27   28   29   30   31   32   33   34   35   36   37   38   39   40   41   42   43   44   45   46  
47   48   49   50   51   52   53   54   55   56   57   58   59   60   61   62   63   64   >>  
of Paris, to which some states still refuse assent. History also teaches us that the general law of nations has a tendency gradually to become the universal law of nations. It is therefore permissible, when a forward step which fails to gain unanimous approval has become a practical matter, for that majority of states which is ready for it to take the step by themselves; the dissenting states will give in their adhesion in course of time. And if and when this should turn out not to be the case, such a majority resolution would anyhow represent, in a narrower circle of international society, a step forward from which there is no obligation to forbear merely because others are unwilling to join in taking it. [Sidenote: Absence of any executive power.] 29. This constitution, finally, makes no provision for any kind of executive power, and so it avoids the proposal to set up in international society an organization resembling that of a state. All proposals for an international executive authority run counter not only to the idea of sovereignty, but also to the ideal of international peace and of international law. The aim of this development is not the coercion of recalcitrant states, but a condition of things in which there are no recalcitrant states because every state has freely submitted to the obligation to refer disputes to the international tribunals and to abide by their decision. It is just in this respect that the international community of states differs for all time from the community of individuals who are united into a state, the latter requiring as _ultima ratio_ executive compulsion on the part of a central power, while the former consistently with its nature and definition can never possess such a central power. It will, we must confess, call for a long development before such a condition of things is realized, and, until this realization is effected, war will not disappear but will remain an historic necessity. CHAPTER II INTERNATIONAL LEGISLATION [Sidenote: Quasi-legislation within the domain of international law.] 30. When we speak of legislation we have in view as a rule a state, wherein there is a law-making power which acts without reference to the consent of individual subjects. For even if in a constitutional state an individual does anyhow exercise so much influence upon legislation as comes from voting at the election of members of parliament, still he has no direct influen
PREV.   NEXT  
|<   22   23   24   25   26   27   28   29   30   31   32   33   34   35   36   37   38   39   40   41   42   43   44   45   46  
47   48   49   50   51   52   53   54   55   56   57   58   59   60   61   62   63   64   >>  



Top keywords:

international

 

states

 
executive
 

legislation

 
development
 

central

 

nations

 

society

 

community

 

obligation


condition

 

recalcitrant

 

things

 

majority

 

forward

 

individual

 

Sidenote

 

definition

 

nature

 

confess


possess

 

parliament

 

direct

 

requiring

 
influen
 
united
 

differs

 

individuals

 

ultima

 

consistently


realized

 

compulsion

 

historic

 

influence

 
making
 
exercise
 

constitutional

 

subjects

 

consent

 
reference

domain
 

remain

 
election
 
disappear
 
realization
 
effected
 

members

 

necessity

 

CHAPTER

 
LEGISLATION