Overview

The 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.

Full Product Details

Author:   Hersch Lauterpacht
Publisher:   Oxford University Press
Imprint:   Oxford University Press
Dimensions:   Width: 16.80cm , Height: 3.10cm , Length: 23.30cm
Weight:   0.779kg
ISBN:  

9780199608812

ISBN 10:   0199608814
Pages:   528
Publication Date:   14 July 2011
Audience:   College/higher education ,  Postgraduate, Research & Scholarly
Format:   Paperback
Publisher's Status:   Active
Availability:   To order  
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Table of Contents

Part I - Introductory 1: The Science of International Law and the Limitations of the Place of Law in the Settlements of International Disputes 2: Conventions of Pacific Settlement and the Limitation of the Judicial Function Part II - The International Judicial Function and the Completeness of International Law 3: Limitation of the Judicial Function on Account of the Absence of Rules of International Law 4: 'Lacunae' in International Law 5: The Problem of the Judicial Function in International Law 6: Novelty of Action and Nature of Judicial Activity in International Law Part III - Political Disputes and the Judicial Function in International Law 7: Importance of Disputes as a Test of Judiciability 8: International Law and Judicial Determination of Important Issues 9: The Doctrine of 'De Maximis Non Curat Praetor' as Part of Legal Obligations 10: The Impartiality of International Tribunals Part IV - Stability and Change in International Law 11: International Change and the Judicial Settlement of International Disputes 12: International Conciliation as as Instrument of Change 13: The Judicial Application of the Doctrine 'Rebus Sic Stantibus' 14: The Doctrine of Abuse of Rights as an Instrument of Change 15: Extension of Judicial Legislation by the Will of the Parties 16: Judicial Decision as the Starting Point for the Modification of the Law Part V - Disputes as to Rights and Conflicts of Interests 17: 'Disputes as to Rights' as a Legal Concept 18: Obligatory Settlement of So-called Conflicts of Interests Part VI - The Limits of the Rule of Law 19: Limitations on the Rule of Law within the State 20: The 'Specific' Character of International Law and the Rule of Law in International Society

Reviews

`Review from previous edition Lauterpacht's writings and professional activities, including as a judge, presaged the foundations of today's international legal order. He spoke up, well before it was fashionable, for the human rights of all, the need for accountability by reference to new international crimes, and an effective system of international courts. Given the circumstances of his efforts and the results he achieved, he stands out as the great international jurist of the 20th century. It is hard to overstate Lauterpacht's role in the emergence of the modern system of international law, and the contribution made by this book in particular.' Philippe Sands QC, Professor of Law, University College London, and Barrister, Matrix Chambers `From the introduction: The Function of Law in the International Community is the most important English-language book on international law in the 20th century.' Martti Koskienniemi, Professor of International Law, University of Helsinki, and Director, The Eric Castren Institute of International Law and Human Rights

...an impressive piece of scholarship, regarding the stringency of argumentation and depth of analysis. Isabel Feichtner, Global Law Books

...an impressive piece of scholarship, regarding the stringency of argumentation and depth of analysis. * Isabel Feichtner, Global Law Books * ... 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 *

Author Information

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.

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