The rule of law and the future of states

Abstract

IN a well known pronouncement Jellinek declares that international law exists for the sake of States not States for the sake of international law. In truth, however, both international law and states exist for the benefit of men. When this becomes realised, it will be seen what disservice states have done men, for while internally they demand the limitation of personal interest for the common good, they themselves in their external relations will on no account give up any vestige of power for the sake of humanity at large. Apart from the morality of such a line of action, states in the end have to give up more than they wish to retain even though a victory may be won.