[Footnote 17: See Oppenheim in A.J. II. (1908), pp. 344-348.]
[Footnote 18: See Oppenheim in A.J. II. (1908), pp. 341-344.]
[Footnote 19: See Oppenheim in A.J. II. (1908), pp. 336-341.]
A factor of a special kind which also influences the growth of International Law is the so-called _Comity_ (_Comitas Gentium_, _Convenance et Courtoisie Internationale_, _Staatengunst_). In their intercourse with one another, States do observe not only legally binding rules and such rules as have the character of usages, but also rules of politeness, convenience, and goodwill. Such rules of international conduct are not rules of law, but of comity. The Comity of Nations is certainly not a source of International Law, as it is distinctly the contrast to the Law of Nations. But there can be no doubt that many a rule which formerly was a rule of International Comity only is nowadays a rule of International Law. And it is certainly to be expected that this development will go on in future also, and that thereby many a rule of present International Comity will in future become one of International Law.[20]
[Footnote 20: The matter is ably discussed in Stoerk, "Völkerrecht und Völkercourtoisie" (1908).]
Not to be confounded with the rules of Comity are the rules of morality which ought to apply to the intercourse of States as much as to the intercourse of individuals.
RELATIONS BETWEEN INTERNATIONAL AND MUNICIPAL LAW
Holtzendorff in Holtzendorff, I. pp. 49-53, 117-120--Nys, I. pp. 185-189--Taylor, § 103--Holland, Studies, pp. 176-200--Kaufmann, "Die Rechtskraft des internationalen Rechts" (1899)--Triepel, "Völkerrecht und Landesrecht" (1899)--Anzilotti, "Il diritto internazionale nei giudizi interni" (1905)--Kohler in Z.V. II. (1908), pp. 209-230.
[Sidenote: Essential Difference between International and Municipal Law.]
§ 20. The Law of Nations and the Municipal Law of the single States are essentially different from each other. They differ, first, as regards their sources. Sources of Municipal Law are custom grown up within the boundaries of the respective State and statutes enacted by the law-giving authority. Sources of International Law are custom grown up within the Family of Nations and law-making treaties concluded by the members of that family.