Progress in the Codification of International Law

Abstract

A TTEMPTS to codify international law have not been lacking since the latter part of the nineteenth century, but the scholars engaged in the academic exercise of drafting codes to regulate the conduct of States and their mutual relations rarely took into account the harsh realities of political life. It is hardly surprising, therefore, that their work has been largely forgotten, except perhaps by those who like to think that we live in a well ordered world in which most situations can be summed up in neat legal formulas. The first half of the twentieth century has taught us otherwise, and the few positive achievements of our time in the field of codification of international law have been a modest extension of international arbitration and an elaboration of the laws of war. Even in these limited fields progress has been slow and disappointing, as is evident from the reluctance of States to submit to the peaceful settlement of disputes and-as far as the law of war is concerned-the chaotic state of the rules governing the war at sea. History thus provides ample evidence that the codification even of limited branches of international law must be approached with extreme caution and a good deal of realism. A certain amount of scepticism may also not be out of place, in order to avoid disappointment which might easily result in further attempts at codification being abandoned altogether.