333

|339| The principle of international law, as the universal right that is supposed to hold in and for itself between states, as distinct from the particular content of positive treaties, is that treaties, as that on which the obligations of states toward one another rest, are to be kept. But because the relation between them has their sovereignty as its principle, they stand, to that extent, in a state of nature toward one another, and their rights have their actuality not in a universal [power] constituted [with] authority over them, but in their own particular will. That universal determination therefore remains at the level of an ought, and the condition becomes an alternation between relations conforming to treaties and the suspension of such relations.

There is no praetor [to adjudicate] between states — at most arbitrators and mediators, and even these only contingently, that is, according to particular wills. The Kantian conception of a perpetual peace secured through a league of states, which would settle every dispute and, as a power recognized by each individual state, resolve every disagreement, thereby making decision by war impossible, presupposes an agreement between states which — resting on moral, religious, or other grounds and considerations, but in any case always on particular sovereign wills — would remain afflicted with contingency.

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  1. Hegel (Simple) Avatar
    Hegel (Simple)

    § 333: International law

    The principle of international law says: States should keep their treaties.

    Why only “should”?

    States are sovereign. No power stands above them. So they are in a state of nature toward each other. Their rights depend on the particular will of each state. So times when they keep treaties alternate with times when they break them.

    No judge:

    There is no judge between states. At most there are arbitrators and mediators, and even these only by chance.

    Kant’s perpetual peace:

    Kant thought of a league of states that settles every dispute. Then war would be impossible. But such a league requires that all states agree. This agreement again rests on their particular will. So it remains a matter of chance.

    Summary: States should keep their treaties. But no power stands above the states. So international law remains an ought, and Kant’s league of peace also remains a matter of chance.

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