that for the present, and
for some generations to come, all attempts at creating an International
Government are not only futile but dangerous; because it is almost
certain that a League of Nations comprising an International Executive,
an International Parliament, and an International Army and Navy would
soon collapse.
X. However this may be, and whatever may be the details of the
organisation of the League, such necessary organisation is not an end in
itself but a means of attaining three objects, namely: International
Legislation, International Administration of Justice, and International
Mediation. I shall discuss International Administration of Justice and
International Mediation in my next lecture, to-day I will only draw your
attention to International Legislation.
In using the term 'International Legislation,' it must be understood
that 'legislation' is here to be understood in a figurative sense only.
When we speak of legislation in everyday language, we mean that process
of parliamentary activity by which Municipal Statutes are called into
existence. Municipal Legislation presupposes a sovereign power, which
prescribes rules of conduct to its subjects. It is obvious that within
the Community of States no such kind of legislation can take place.
Rules of conduct for the members of the League of Nations can only be
created by an agreement amongst those members. Whereas Municipal
Statutes contain the rules of conduct set by an authority sovereign over
its subjects, International Statutes--if I may be allowed to use that
term--contain rules of conduct which the members of the Community of
States have agreed to set for themselves. International Statutes are
created by the so-called Law-making Treaties of the Powers. But in one
point Municipal Legislation and the Law-making Treaties of the Powers
resemble one another very closely:--both intend to create law, and for
this reason it is permissible to use the term 'International
Legislation' figuratively for the conclusion of such international
treaties as contain rules of International Law.
Now it would be very misleading to believe that no International
Legislation has taken place in the past. The fact is that, from the
Vienna Congress of 1815 onwards, agreements have been arrived at upon a
number of rules of International Law. However, such agreements have only
occurred occasionally, because the Community of civilised States has not
hitherto possessed a perman
|