The Basis of Obligation in International Law

Abstract

LAW can only exist in a society, and there can be no society without a system of law to regulate the relations of its members with one another. If then we speak of the ‘law of nations’, we are assuming that a ‘society’ of nations exists, and the assumption that the whole world constitutes some sort of single society or community needs further examination. In any event the character of the law of nations is necessarily determined by the character of the society in which it operates. We are witnessing the growth of factors that make states mutually dependent on one another. Science and technology have eased communications and travel, while the developing international trading system facilitates commerce in goods and services between nations. Feelings of nationalism seem to have given way in part to a more integrated world. But we may not be creating a greater sense of society.

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