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The Contribution of Sir Hersch Lauterpacht to the Development of International Law

Published online by Cambridge University Press:  28 March 2017

Philip C. Jessup  and
R. R. Baxter
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Type
Editorial Comment
Information
American Journal of International Law , Volume 55 , Issue 1 , January 1961 , pp. 97 - 103
Copyright
Copyright © American Society of International Law 1961

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References

1 International Law and Human Rights 3-141 (1950).

2 Recognition in International Law 3 (1948).

3 1933.

4 See also “Some Observations on the Prohibition of ‘Non Liquet’ and the Completeness of the Law,” in Symbolae Verzijl 196 (1958).

5 The Function of Law in the International Community 431 (1933).

6 Ibid, at 257-258.

7 1927.

8 In the first case on which Judge Lauterpacht sat after becoming a member of the International Court of Justice, he had occasion in his separate opinion to refer to a “general principle of law” which had been “expressly sanctioned by the Court.” Advisory Opinion on Voting Procedure on Questions relating to Reports and Petitions concerning the Territory of South-West Africa, [1955] I.C.J. Hep. 67 at 105.

9 See The Function of Law in the International Community 53-54 (1933).

10 Op. cit. note 4 above, at 212-220.

11 See An International Bill of the Rights of Man (1945), and International Law and Human Rights 73-141 (1950).

12 Report of July 18, 1947 (U. N. Doc. No. A/331 (1947)).

13 “Codification and Development of International Law,” 49 A.J.I.L. 16, 29 (1955) ; and see Survey of International Law in relation to the Work of Codification of the International Law Commission (Memorandum submitted by the Secretary-General) 63-68 (U. N. Doc. No. A/CN.4/1/Rev.l) (1949), which was actually written by Lauterpacht.

14 “Codification and Development of International Law,” 49 A.J.I.L. 16 (1955).

15 1958. This work received the Annual Award of the American Society of International Law for 1960. The first edition was published under the title of The Development of International Law by the Permanent Court of International Justice (1934) and was composed of 5 lectures which he had delivered in 1933 at the Geneva Graduate Institute of International Studies.

16 This problem [that of the prolific and occasionally indiscriminate citation of authors in the written and oral pleadings of the parties] arises in particular in connection with the habit, which is objectionable and a potential source both of abuse and embarrassment, of referring—with some hopeful emphasis—to previous expressions of opinions by adjudicating Judges themselves. Tor these may, without any legitimate imputation of inconsistency, undergo a change in the light of the argument and information supplied by the parties or of the deliberations of the Court.” The Development of International Law by the International Court 25, note 82 (1958).

17 At 5.

18 Advisory Opinion on Voting Procedure on Questions relating to Reports and Petitions concerning the Territory of South-West Africa, [1955] I.C.J. Rep. 67, 90; Advisory Opinion on Admissibility of Hearings of Petitioners by the Committee on South West Africa, [1956] I.C.J. Rep. 23, 35.

19 [1957] I.C.J. Rep. 9 at 34.

20 Switzerland v. United States of America (Preliminary Objections), [1959] I.C.J. Rep. 6, 95.

21 1 Oppenheim, International Law vii (8th ed., Lauterpacht, 1955).

22 Ibid. at vi.

23 ibid, at 977; and see note 18, above.

24 The Law of War on Land; being Part III of the Manual of Military Law (W.O. Code No. 12333) (1958).

25 Edmonds and Oppenheim, Land Warfare; An Exposition of the Laws and Usages of War on Land for the Guidance of Officers of His Majesty’s Army (1912).