The Development of International Law by the International Court

Author: Hersch Lauterpacht
Publisher: Cambridge University Press
ISBN: 9780521158404
Published In: June 2011
Format: Paperback
Jurisdiction: International ? Disclaimer:
Countri(es) stated herein are used as reference only

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Originally published in 1958, as a revised edition of The Development of International Law by the Permanent Court of International Justice (1934), this book received the Annual Award of the American Society of International Law in 1960. The achievement of the text is that, rather than attempting to provide a treatise on the organisation of international law, or a systematic digest of decisions made, it finds its basis in an appraisal of the international judicial process as a factor in the development of the law. From this position, ideas of great depth and subtlety are put forward regarding the nature of international justice and its possibilities. This is an important book that will be of value to anyone with an interest in its subject.

Contents:: Preface; Table of cases; Part I. The Law Behind the Cases; 1. The international court as an agency for developing international law; 2. The occasions for and the substance of judicial pronouncements; 3. The reasons behind the cases; 4. Judicial technique and the development of the law; Part II. Judicial Caution; 5. Manifestations of judicial caution; 6. Judicial restraint. The jurisdiction of the court; 7. Judicial hesitation. Preparatory work in the interpretation of treaties; 8. Appearance of judicial indecision; Part III. Judicial legislation; Introduction; 9. Judicial legislation through application of general principles of law; 10. Judicial legislation by reference to parallel developments in international law; 11. Judicial legislation on account of of absence of generally accepted law; 12. Judicial legislation and the jurisdiction of the court; 13. Judicial legislation and adjudication ex aequo et bono; Part IV. The Effectiveness of the Law; 14. The principle of effectiveness and the function of interpretation; 15. Effectiveness and finality of international settlement and adjudication; 16. Effectiveness of provisions conferring jurisdiction; 17. Effectiveness of equality clauses; 18. Effectiveness of international institutions and international organisation; 19. The limits of the principle of effectiveness; Part V. The Court and State Sovereignty; Section
1. Restraints upon Claims of Sovereignty; 20. In general; 21. The province of treaties; 22. State responsibility and the claims of sovereignty; 23. Wider aspects of sovereignty; 24. Conclusions; Section
2. Recognition of Claims of Sovereignty; 25. In general; 26. Problems of jurisdiction; 27. Sovereign freedom of action; 28. State sovereignty and customary international law; 29. Conclusion; Index.