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Right v. Might: International Law and the Use of Force. By Louis Henkin, Stanley Hoffmann, Jeane J. Kirkpatrick, Allan Gerson, William D. Rogers and David J. Scheffer. New York, London: Council on Foreign Relations Press, 1989. Pp. xii, 123. Index. $12.95, paper.

Published online by Cambridge University Press:  27 February 2017

Anthony D’Amato
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Type
Book Reviews and Notes
Information
American Journal of International Law , Volume 85 , Issue 1 , January 1991 , pp. 201 - 204
Copyright
Copyright © American Society of International Law 1991

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References

1 To Odysseus’s (William D. Rogers) credit, he notes ruefully that “article 2(4) is abstraction piled upon abstraction” (p. 101).

2 Except for Professor W. Michael Reisman, who is cited for a suggestion in a footnote by Henkin (p. 66 n. 13). However, the pat on the back is short-lived. In the very next footnote, Henkin states that Professor Oscar Schachter “effectively demolished” Reisman’s suggestion (p. 66n.l4).

3 For detailed discussion, see F. Tesón, Humanitarian Intervention: An Inquiry into Law and Morality 155–200 (1988). The Panama intervention, of course, occurred after the book under review went to press. See D’Amato, The Invasion of Panama Was a Lawful Response to Tyranny, 84 AJIL 516 (1990).

4 “Almost all nations observe almost all principles of international law and almost all of their pbligations almost all of the time.” L. Henkin, How Nations Behave 47 (2d ed. 1979).

5 For a general discussion of the potential hypocrisy of UN resolutions, and a specific application to the Israeli use of force against the Iraqi nuclear reactor of June 7, 1981, see A. D’Amato, International Law: Process and Prospect 75–77 (1987).

6 F. Tesón, supra note 3.