a compromise
which makes International Legislation concerning the matter in question
possible.

XIII. A third difficulty with regard to International Legislation is of
quite a particular kind. It arises from the fact that International
Statutes cannot be created by a vote of the majority of States, but only
by a unanimous vote of all the members of the Community of civilised
States.

This difficulty, however, can be overcome by dropping the contention
that no legislation of any kind can be proceeded with unless every
member of the League of Nations agrees to it. It is a well-known fact
that a distinction has to be made between _universal_ International Law,
that is, rules to which every civilised State agrees, and _general_
International Law, that is, rules to which only the greater number of
States agree. Now it is quite certain that no universal International
Law can be created by legislation to which not every member of the
League of Nations has agreed. Nothing, however, ought to prevent those
States which are ready to agree to certain new rules of International
Law, from legislating _for their own number_ on a certain matter. If
such legislation is really of value, the time will come when the
dissenting States will gradually accede. The Second Hague Peace
Conference acted on this principle, for a good many of its Conventions
were only agreed upon by the greater number, and not by all, of the
participating States.

XIV. A fourth difficulty with regard to International Legislation is the
difficulty of the interpretation of, and the construction to be put
upon, International Statutes as well as ordinary international
conventions. We do not as yet possess universally recognised rules of
International Law concerning such interpretation and construction. Each
nation applies to International Statutes those rules of interpretation
and construction which are valid for the interpretation and construction
of their Municipal Statutes.

Many international disputes have been due in the past to this difficulty
of interpretation and construction. A notorious example is that of the
interpretation of Article 23(h) of the Hague Regulations of 1907
concerning Land Warfare, which lays down the rule that it is forbidden
'to declare abolished, suspended, or inadmissible in a Court of Law the
rights and actions of the nationals of the hostile party.'

Germany and other continental States interpret this article to mean that
the Munic