Page:The Green Bag (1889–1914), Volume 16.pdf/369

THE FUTURE OF INTERNATIONAL LAW. BY ALLEN E. ROGERS, Professor of Constitutional Law in the University of Maine School of Law. to avenge his injuries seem always to have AS commerce and trade and intercourse, fostered by ever increasing means of preceded any attempts on the part of the transportation and communication, were community or State to regulate the relations above everything else the great factors between its constituent members, and when in bringing the semi-independent common such attempts were first made in order to wealths of the "united states" of the Articles prevent the disorganization resulting from of Confederation into the "more perfect Un quarrels and feuds that tended to become ion" of the Constitution, and the still to a ever fiercer in intensity and more far-reach great degree isolated and jealous States of ing, they aimed simply to the setting of a the earlier decades of the nineteenth century limit to the punishment that the injured per into the real nation of today, so under the son or his kin could inflict; necessarily in same influences the nations of the world are volved in this, however, was the determin coming into closer contact with one another, ing whether the act complained of justified are becoming more and more closely asso the infliction of any punishment at all. From ciated, if not as one State, yet as one great such conditions was evolved Municipal Law, organism with a common welfare and com as "a rule of conduct prescribed by the su mon interests. preme power of a State." But the closer and more complex this as That International Law will ever acquire sociation becomes, the more frequent are the the character possessed by Municipal Law opportunities for quarrels and conflicts today; ¡. c., that there ever will be a federa which not only retard its development, but tion of the nations sufficiently complete to threaten its very existence. The only safe compel its constituent members to observe guard against this danger lies in a corre established and recognized principles of jus sponding development and observance of the tice in their dealings with one another, is customs and rules which regulate the inter scarcely to be hoped, if indeed, it is to be course and dealings of nations with one an desired; but on the other hand, it may reas other, just as the increasing complexities of • onably be expected, and is of the greatest social and business life demand a corre moment to the interests of peace and the sponding development of municipal law in progress of civilization the world over, that order that present advantages be maintained the rules and principles embodied in Inter and progress made possible. national Law should develop in scope and Indeed, in many respects the character obligatory character as international rela and conditions of International Law today tions become more extensive and more inti are identical with the character and condi mate, and as the observance or non-observ tions of Municipal Law in the earlier stages ance of such rules and principles more vitally of its existence. affect human welfare and happiness. Customs observed for purposes ot mutual Since the day of Grotius, International convenience and good neighborhood and Law has, in the main, been steadily develop enforced by no sanction other than that of ing in scope and, in many respects, in defithe ability of the individual or of his family niteness. Publicists, jurists, treaties, and