Book Review: International Law and Organization: The Prospects of International Arbitration

DOI10.1177/002070206702200118
Publication Date01 March 1967
AuthorGerald L. Morris
Date01 March 1967
SubjectBook Review
BOOK
REVIEws
103
While
the
author
has
set
himself
the
task
of
discussing
more
par-
ticularly
the
enforcement
of
awards,
he
precedes
the
discussion of
en-
forcement
with
an
account
of
the
historical
evolution
of
international
arbitration,
and
of
the
theoretical
basis
for
litigation
between
states.
Recounting
the
growth
of
international
arbitration
from its primitive
origins
(reputed
to
be
the
Jay
Treaty
of
1794)
to
the
United
Nations
Charter
and
the
International
Court
helps
to
temper
pessimism.
The
account
justifies
the
conclusion
that
there
has
been
an
improvement
in
the
peaceful
settlement
of
disputes
though
at
times
that
improve-
ment
has
been
uneven.
The
most
recent
stage,
the
evolution
of
effective
enforcement pro-
visions
under
multilateral
conventions
of
a
technical
nature
(I.C.A.O.,
I.M.F.)
provides
further
foundation
for
the
assertion
that
the
greatest
successes
in
international
relations
in
the
post-war
period
have
been
in
the
technical,
functional
areas.
Multilateral
conventions such
as
those
cited
create a
series
of
benefits
resulting from
the
technical
co-operation.
Conversely
they
also
create
an
effective
sanction
for
ensuring
respect
for
the
obligations
of
the
convention
by
providing
for
the
threat
of
withdrawal
of
benefits
as
an
enforcement
measure.
Here
again
mutual
success
in
international
dealings
has
been
found
remote
from the
great
political questions.
Perhaps
in
an
increasingly
technical
world
effective
legal action
at
the
international
level
will
have
to
expand
by
riding
the
coat-tails
of
technical
evolution.
Ottawa
DONALD
S.
MACDONALD
THE
PROSPECTS
OF
INTERNATIONAL
ARBITRATION.
Edited
by
Mohammed
Ahsen Chaudhr.
1966.
(Karachi:
Pakistan
Publishing
House.
131pp.
12
rupees)
The
publication
in
Pakistan
of
this
little
book
should
be
welcomed
not
only
as
a
step
towards
overcoming
the
frequent
scarcity
of
scholarly
materials
available
for
local
currency
in
South
Asia,
but
also
as
a
further
indication
that
scholars
m
the
Asian
and
African
countries
are
thinking
constructively
about
the
future
outlines
of
an
international
legal
order
that
will
take
account
of
the
"Third
World"
of
newly
independent
nations.
The
volume
is
of special
interest
in
that
it
presents
three
essays,
each
prepared
by
an
expert
from
a
different
continent.
Mohammed
Ahsen
Chaudri,
Chairman
of
the
Department
of
Inter
national
Relations,
University
of
Karachi,
surveys
the
broad
trends
of
international
arbitration
since
1945,
while Mohammed
Tewfick
Hussanein,
Secretary
at
the
Ministry
of
Foreign
Affairs
in
Cairo,
focusses
on
the
difficulties
faced
by
the almost
forgotten
Permanent
Court
of
Arbitration
in
the
Hague.
Tadeusz Szurski,
Legal
Adviser
to
the Ministry
of
Foreign
Trade in
Warsaw,
reviews
the
present
state
of
international
commercial
arbitration.
A
brief
introduction
has
been
contributed
by
Professor
Boutros
Boutros-Ghali
of
Cairo
University.
Since
the actual
text totals
only
seventy-three pages
(the
remaining
pages
being
appendices
setting
out
the
texts
of
major
relevant
inter-

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