The sun. [volume] (New York [N.Y.]) 1833-1916, 1915-12-30
International Law In the Future.

80 WI ~ ~ s''>
Law In Washington on Tuesday eve
ming consisted Of n temperate and
judicial exposition of the present
state of those ordinances which civ
ilized nations by treaty. convention
and enlightened practice have erected
for their common protection, and n
speculation as to the future of this
code. Since August of last year
cnactments and standards obedi-
fence to which had been universally
expected have been disregarded by
various nations whenever IT appeared
10 be to their interest to ignore them
and they possessed the power 10 en-
force their own policies. The civilized
world must gravely consider, at the
conclusion OF the war. In Mr.. ROoT's
phrasr. whether what we call inter-
natios al law is to be continued as II
mere rode of etiquette. or to he a
real Sody Of laws imposing obligations
much more definite and inevitable
tudu lIItN uuNe Dttu DtlVTt.
How would these obligations he IN
forced? The machinery of good faith
on which dependence has been put In
the past has proved inadequate: ii
has not restrained the strong from
depressing the weak. Strength alone
has determined the course of nations.
and in the authority If might must
lest the defence of international law.
To provide that adequate power Is
the problem engaging Mr.. ROOT's
mind. The first necessity is the es-
Establishment of the facts in each case
and the application thereto of the
Ian, the task obviously Of a judicial
tl$bunal and such a court Mr.. Roof
correctly denominates "A primary
requisite to any real restraint of
law But the judgments Of the
court would not be self-enfOrcing {;
and we have seen that the moral GEN.
sure of disinterested nations will not
suffice to stay the %viOlator of the law
when he conceives his essential wei
fare to be served by his i~nfractiOn
Of the code.
polling obedience having proved in
adequate. the ultimate Instrumental
ties must be employed. These are the
military of the engaged
countries. Each European belliger.
ent proclaims the diSinterestedneSs
and purity Of its objects. and laments
the dreadful compulsiOn which ron
strains its conduct. Can another tool
be devised which shall supersede that
at present used?
Here Mr.. Roof reveals the essen
tial weakness OF the international
court. Its DEGREES. under the existing
system, are non-enfOrceable, except by
national effort Mr.. Roof recognizes
that violation thereof ''must be fol
lowed by punishment" and that pun
ishment must be caused by powers
superior to the lawbreaker"; in short.
although Mr.. Roof makes no mention
Of truncheons and stars, by a police
man, occupying toward each unit OF
the family Of nations the same rela'
tive position held by the policeman
toward each individual warning, g X
postulating, rebuking. and finally sup
pressing the d%isOrderly nations in the
name and authority of all the orderly
and law abiding.
But how Is this guardian of the
International peace to he constituted!
Should his predominance he obtained
by reducing to nullity the military
establishments of the subscribing
Powers, and erecting a great interna'
tional army and fleet? How would
the world be brought to agreement
on such a course? To whom would
the supreme power, Il power before
which that Of all ''world empires OF
the past fades to contemplate proper
tions, be entrusted? Where are there
10 be found men worthy of the un'
questioning confidence that Is a pre-
requisite of such an agreement?
That the nations, supporting mill
tary establishments Of the proportion
they have and support, would add t.
their burdens the maintenance of this
additional engine is unthinkable 1t.
supremacy would he obtained by the
reduction Of ornaments. moi by the
%senseless process Of paying from one
pocket for a national machine of wa
and from the other for an Implement
to overcome IT,. We do not believe
Mr.. Roof fOresees the disbandmen'
of national forces, but that is n pre-
requisite of the appearance OF thu
International army and navy.
In the perfection of Democrat,
self-government Mr.. Roof discerns tn,
hope Of the worlds progress. Ru
democratic self-governmcnt must arm
for Its WI defence; and while. as h,
says, out Of the great conflict may ari.