The Development of International Law by the International Court

By: Hersch Lauterpacht

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Paperback | 21 July 2011

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430 Pages

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22.86 x 15.24 x 2.44

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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.

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Non-Fiction Law Laws of Specific Jurisdictions Legal System in General Courts & Procedure International Law Public International Law Settlement of International Disputes International Courts & Procedures

Preface
Table of cases
The Law Behind the Cases
The international court as an agency for developing international law
The occasions for and the substance of judicial pronouncements
The reasons behind the cases
Judicial technique and the development of the law
Judicial Caution
Manifestations of judicial caution
Judicial restraint. The jurisdiction of the court
Judicial hesitation. Preparatory work in the interpretation of treaties
Appearance of judicial indecision
Judicial legislation
Introduction
Judicial legislation through application of general principles of law
Judicial legislation by reference to parallel developments in international law
Judicial legislation on account of of absence of generally accepted law
Judicial legislation and the jurisdiction of the court
Judicial legislation and adjudication ex aequo et bono
The Effectiveness of the Law
The principle of effectiveness and the function of interpretation
Effectiveness and finality of international settlement and adjudication
Effectiveness of provisions conferring jurisdiction
Effectiveness of equality clauses
Effectiveness of international institutions and international organisation
The limits of the principle of effectiveness
The Court and State Sovereignty
Restraints upon Claims of Sovereignty
In general
The province of treaties
State responsibility and the claims of sovereignty
Wider aspects of sovereignty
Conclusions
Recognition of Claims of Sovereignty
In general
Problems of jurisdiction
Sovereign freedom of action
State sovereignty and customary international law
Conclusion
Index
Table of Contents provided by Publisher. All Rights Reserved.

The Development of International Law by the International Court

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Paperback

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