War and International Adjudication

Reflections on the 1899 Peace Conference

Bibliographic Data

ID7425966
AuthorsDavid D Caron (0000-0002-6088-0519, University of California, Berkeley, corresponding author)
Year2000
Volume94
Issue1
Pages4-30
Publication date2000-01-01
Open AccessYes
TypeARTICLE
VenueAmerican Journal of International Law (JOURNAL)
Journal identifiersISSN: 0002-9300 • E-ISSN: 2161-7953
PublisherCambridge University Press (CUP) (PUBLISHER)
DOI10.2307/2555228
OpenAlexW2063008549
LanguageEN
Citations received9

In fact, the first organized communities of international law . . . are organizations the function of which is to settle conflicts. Hans Kelsen But here we shall note the recurrence of a paradox . . . . Where practice is least ethical, theory becomes most Utopian. Edward Hallett Carr The belief that a world free of war might be possible, be more than simply a dream, is a relatively recent phenomenon. In earlier times, war—like disease—was a part of life. There existed then a fatalism about war that no doubt persists in many parts of the world today. During the nineteenth century, however, parts of the world developed a confidence in progress and a hope that progress might extend to the abolition of war. Most importantly for this essay, a popular belief circulated at the e nd of the century that the establishment of a permanent international court would be an important step toward a world free of war. Ad hoc arbitration, as distinct from adjudication by such a permanent court, was not the same and, by itself, not enough. The 1899 Peace Conference was a point of inflection, a turn in the river, in the effort to move beyond ad hoc international arbitration to adjudication by a permanent international court as a means to avoid war a nd preserve international peace and security

Adjudication · Global Peace and Security Dynamics · International Law and Human Rights · War, Ethics, and Justification

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