基本説明
First published in 1933. Includes a new introduction by Professor Martti Koskenniemi, examining the world in which the book was originally published and assessing its legacy.
Full Description
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.
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
