Lauterpacht H. The Function of Law in the International Community

Oxford: Oxford University Press, Reprint edition, 526 p. — 2011. — ISBN: 978–0–19–960881–2The Function of Law in the International Community, first published in 1933, is one of the seminal works on international law. Its author, Sir Hersch Lauterpacht, is widely considered to be one of the great international lawyers of the 20th century. It continues to influence those studying and working in international law today.This republication once again makes this book available to scholars and students in the field. It features a new introduction by Professor Martti Koskenniemi, examining the world in which the Function of Law was originally published and the lasting legacy of this classic work.Product Description
Review
. not only a classic, but a jurisprudential gem for those who are about to enter the profession of international law. . Its inspiration will linger for years to come. (Bing Bing Jia, German Yearbook of International Law).an impressive piece of scholarship, regarding the stringency of argumentation and depth of analysis. (Isabel Feichtner, Global Law Books)Sir Hersch Lauterpacht was one of the leading international lawyers of the twentieth century. The author of, inter alia, Private Law Sources and Analogies of International Law, the International Law Reports, and one of the editors of Oppenheim's International Law, he was called to the Bar by Gray's Inn and elected to the Whewell Chair of International Law at Cambridge. As a practitioner, he was part of the legal team for oil companies in their arbitrations with various Gulf States between 1948-1950, and advised the Anglo-Iranian Oil Company in its dispute with Iran over nationalization in 1950-51. Hersch was appointed QC in 1949. In 1953 and 1954 he was elected to the International Law Commission, where he became Special Rapporteur on Treaties, before being elected as a judge of the International Court of Justice in 1954. Hersch was knighted in 1956. He died on 8 May 1960 at the age of 63.Table of Cases CitedIntroductory
The Science of International Law and the Limitation of the Place of Law in the Settlement of International Disputes
Conventions of Pacific Settlement and the Limitations of the Judicial Function
The International Judicial Function and the Completeness of International Law
Limitation of the Judicial Function on Account of the Absence of Rules of International Law
"Lacunae" in International Law
The Problem of the Judicial Function in International Law
Novelty of Action and Nature of Judicial Activity in International Law
Political Disputes and the Judicial Function in International Law
Importance of Disputes as A Test of Justiciability
International Law and Judicial Determination of Important Issues
The Doctrine "De Maximis Non Curat Praetor" as Part of Legal Obligations
The Impartiality of International Tribunals
Stability and Change in International Law
International Change and the Judicial Settlement of International Disputes
International Conciliation as An Instrument of Change
The Judicial Application of the Doctrine "Rebus Sic Stantibus"
The Doctrine of Abuse of Rights as An Instrument of Change
Extension of Judicial Legislation by the Will of the Parties
Judicial Decision as the Starting Point For the Modification of the Law
Disputes as to Rights and Conflicts of Interests
"Disputes as to Rights" as A Legal Conception
Obligatory Settlement of So-called Conflicts of Interests
The Limits of the Rule of Law
Limitations of the Rule of Law Within the State
The "Specific" Character of International Law and the Rule of Law in International Society
Appendix. Limitation of the Judicial Function in Disputes Between State-Members of Composite States
Index