Book Review: International Law and Organization: Principles of Public International Law

AuthorIvan L. Head
Date01 June 1967
DOI10.1177/002070206702200218
Publication Date01 June 1967
SubjectBook Review
BOOK
REVIEWS
321
130
pages
and
represents
an
expansion
of
more
than
30
pages. The
editor
has
revised
the
whole
part
in
order
to
include
an
analysis
of
develop-
ments
such
as
the
1958
Geneva
Convention
on
the
Law
of
the
Sea,
the
legal
status
of
outer
space,
the
1961
Vienna Convention
on
Diplomatic
Relations
and
the
1963
Convention on
Consular
Relations.
This
part
concludes
with
an
extensive
study
of
the
scope of
the
principle
of effec-
tiveness
and
of
its
relationship
with
the
principle
of
ex
sn~ura
3us
oritur
in
international
law
(pp.
420-433).
Part
IV-"Creation
and Application
of
International
Law"-now
in-
cludes
a
new section
on
custom
(pp.
448-454).
It
takes
into account
the
decisions of
the
International
Court
in
the
dispute
between
Colombia
and
Peru
as
well
as
the
opinions
of
authoritive
writers
such
as
Lauter
pacht,
Charles
de
Visscher
and
McDougal.
This
second
edition
of
Kelsen's
Principles,
completely revised
and
considerably
expanded,
is
faithful
to
the
author's
fundamental
purpose
of
presenting
"a
theory
of
international
law"
It
is,
therefore,
still
equally useful
to
law
and
political
science
students.
University
of
Ottawa
DONAT
PHARAND
PRINCIPLES
OF
PUBLIC INTERNATIONAL
LAW
By
Ian
Brownlie.
1966.
(Oxford:
Clarendon
Press.
Toronto:
Oxford
University
Press.
xxxi,
646pp.
$10.50)
The
publication
of
a
book
with
the
proud
title
Principles
of
Inter-
national
Law
is
an
event
that
cannot
be
lightly
passed
by
Especially
is
this
so
when
the
author
is
as
distinguished
as
Ian
Brownlie,
whose
previous
works
include
the
well
received
volume
International
Law
and
the
Use
of
Force
by
States.
Unfortunately
and
notwithstanding
its
promise,
this
large
new
work
somehow
fails
to
achieve
the
standard
which
readers
are
likely to
expect
of
it.
Both
the
strength
and
the
weakness
of
the
book
are
identified
by
the
author
in
the
first
paragraph
of
its
preface.
The
intention,
it
is
stated,
is
"to
present
the
subject
matter
in
terms
of
law and
legal
technique.
The
influence
of
policy
and
political
conflicts
is
indicated
where
this
is
necessary
but
the
legal
rules
are
accepted as
normative.
A
gratuitous
and quite
ill-founded
criticism
of
the
"McDougal School"
then
follows
in
an apparent
attempt
to
create
some
sort
of
distinction
between orthodoxy and
the heresy
of
false prophets.
The
result
of
all
this
is
a book
which
seeks
to catalogue
a
wide
variety
of
inter-state
activities
in
a
lengthy
series
of
categorical
prin-
ciples.
Principles
many
of
them unquestionably
are.
Yet
in
a
juris-
prudence
as
fluid
and
in
many
respects
uncertain
as
that
of
international
law,
in
which
the
practice
of
states
and not
the
pronouncements
of
judicial
tribunals
is
the
largest
single
source
of
law
it
is
misleading
to
pretend
that
an international
law version
of
Halsbury
is
possible.
And
it
is
that
kind
of
work
that
Mr. Brownlie
has
put
together-
17
subdivisions
in
the
chapter
entitled
"Injury
to
the
Persons
and
Property
of Aliens on
State Territory"
11
subdivisions
of
"Privileges
and
Immunities
of
Foreign
States" the
same
numner
ior
"The
Law
of
Treaties"
Everything
neat
and
tidy
Chapter
after
chapter.

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