The European Tradition in International Law: Walther Schücking

• Bodendiek, Frank

Abstract

The article concentrates on the core issue of Walther Schücking’s scientific efforts and his literary production as a publicist – the idea of international organization. It begins by situating Schücking’s methodological approach, notably his desire to move beyond legal positivism, before moving on to analyse Schücking’s specific understanding of the notion of international organization. Schücking argued that the general motto ‘peace through law’ should be attained by a ‘republican organization’ of the world and stated that a relevant trend towards a true rule of law on the international level was already on its way. In fact, Schücking went even further and postulated a world confederation ‘Weltstaatenbund’ as the centrepiece of the reform of international law and the key for the realization of all further progress in the field. Having assessed features of Schücking’s reform programme, which he put forward with considerable consistency, the article argues that Schücking is rightly seen as a pioneer who broke new ground in analysing the phenomenon of international organization.