CHAPTER I--FOUNDATION OF THE LAW OF NATIONS

I. _The Law of Nations as Law_

SECT. PAGE

1. Conception of the Law of Nations 3 2. Legal Force of the Law of Nations contested 4 3. Characteristics of Rules of Law 6 4. Law-giving authority not essential for the existence of Law 6 5. Definition and Three Essential Conditions of Law 8 6. Law not to be identified with Municipal Law 9 7. The "Family of Nations" a Community 9 8. The "Family of Nations" a Community with Rules of Conduct 11 9. External Power for the enforcement of Rules of International Conduct 13 10. Practice recognises Law of Nations as Law 14

II. _Basis of the Law of Nations_

11. Common Consent the Basis of Law 15 12. Common Consent of the Family of Nations the Basis of International Law 16 13. States the Subjects of the Law of Nations 19 14. Equality an Inference from the Basis of International Law 20

III. _Sources of the Law of Nations_

15. Source in Contradistinction to Cause 20 16. The Two Sources of International Law 21 17. Custom in Contradistinction to Usage 22 18. Treaties as Source of International Law 23 19. Factors influencing the Growth of International Law 24

IV. _Relations between International and Municipal Law_

20. Essential Difference between International and Municipal Law 25 21. Law of Nations never per se Municipal Law 26 22. Certain Rules of Municipal Law necessitated or interdicted 27 23. Presumption against conflicts between International and Municipal Law 28 24. Presumption of Existence of certain necessary Municipal Rules 28 25. Presumption of the Existence of certain Municipal Rules in Conformity with Rights granted by the Law of Nations 28

V. _Dominion of the Law of Nations_

26. Range of Dominion of International Law controversial 30 27. Three Conditions of Membership of the Family of Nations 31 28. Present Range of Dominion of the Law of Nations 32 29. Treatment of States outside the Family of Nations 34

VI. _Codification of the Law of Nations_

30. Movement in Favour of Codification 35 31. Work of the First Hague Peace Conference 37 32. Work of the Second Hague Peace Conference and the Naval Conference of London 38 33. Value of Codification of International Law contested 40 34. Merits of Codification in general 40 35. Merits of Codification of International Law 42 36. How Codification could be realised 44