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The function of law in the international community / by H. Lauterpacht.

By: Contributor(s): Material type: TextTextPublisher: Oxford ; New York : Oxford University Press, [2011]Copyright date: ©2011Edition: New editionDescription: xlvii, 477 pages ; 24 cmContent type:
  • text
Media type:
  • unmediated
Carrier type:
  • volume
ISBN:
  • 0199608814
  • 9780199608812
Subject(s): DDC classification:
  • 341 23
LOC classification:
  • KZ3225.L38 A34 2011
Contents:
pt. 1. Introductory. The science of international law and the limitations of the place of law in the settlements of international disputes ; Conventions of pacific settlement and the limitation of the judicial function -- pt. 2. The international judicial function and the completeness of international law. Limitation of the judicial function on account of the absence of rules of international law ; 'Lacunae' in international law ; The problem of the judicial function in international law ; Novelty of action and nature of judicial activity in international law -- pt. 3. Political Disputes and the Judicial Function in International Law. Importance of disputes as a test of judiciability ; International law and judicial determination of important issues ; The doctrine of 'de maximis non curat praetor' as part of legal obligations ; The impartiality of international tribunals -- pt. 4. Stability and Change in International Law. International change and the judicial settlement of international disputes ; International conciliation as as instrument of change ; The judicial application of the doctrine 'rebus sic stantibus' ; The doctrine of abuse of rights as an instrument of change ; Extension of judicial legislation by the will of the parties ; Judicial decision as the starting point for the modification of the law -- pt. 5. Disputes as to rights and conflicts of interests. 'Disputes as to rights' as a legal concept ; Obligatory settlement of so-called conflicts of interests -- pt. 6. The limits of the rule of law. Limitations on the rule of law within the state ; The 'specific' character of international law and the rule of law in international society.
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Originally published: Oxford : Clarendon Press, 1933.

Introduction for 2011 ed. by Martii Koskenniemi.

"This paperback edition of The Function of Law in the International Community features revisions and updates made by Sir Hersch Lauterpacht after the book first published in 1933, which have never before been implemented in the text. These revisions occur in the first three chapters of the book"--Note from the publisher.

Includes bibliographical references and index.

pt. 1. Introductory. The science of international law and the limitations of the place of law in the settlements of international disputes ; Conventions of pacific settlement and the limitation of the judicial function -- pt. 2. The international judicial function and the completeness of international law. Limitation of the judicial function on account of the absence of rules of international law ; 'Lacunae' in international law ; The problem of the judicial function in international law ; Novelty of action and nature of judicial activity in international law -- pt. 3. Political Disputes and the Judicial Function in International Law. Importance of disputes as a test of judiciability ; International law and judicial determination of important issues ; The doctrine of 'de maximis non curat praetor' as part of legal obligations ; The impartiality of international tribunals -- pt. 4. Stability and Change in International Law. International change and the judicial settlement of international disputes ; International conciliation as as instrument of change ; The judicial application of the doctrine 'rebus sic stantibus' ; The doctrine of abuse of rights as an instrument of change ; Extension of judicial legislation by the will of the parties ; Judicial decision as the starting point for the modification of the law -- pt. 5. Disputes as to rights and conflicts of interests. 'Disputes as to rights' as a legal concept ; Obligatory settlement of so-called conflicts of interests -- pt. 6. The limits of the rule of law. Limitations on the rule of law within the state ; The 'specific' character of international law and the rule of law in international society.

Machine converted from AACR2 source record.

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