Book Review: The Development of International Law by the International Court
| Date | 01 December 1960 |
| Author | R. St. J. Macdonald |
| Published date | 01 December 1960 |
| DOI | 10.1177/002070206001500414 |
| Subject Matter | Book Review |
362
INTERNATIONAL JOURNAL
freedom,
from the
ice-age
to
the
"Cold
War".
"Freedom
is
the
interplay
of
the
Interests
of
the
society
and
the
individuals-which
is
also
the
meaning
of
justice".
The sections
are
self-contained
like
independent
essays,
and
enriched with
substantial
quotations
from
famous
docu-
ments.
The
last third
of
the
volume
is
reserved
for the
twentieth
century.
Dr.
Shotwell
uses
his
right
as
a
senior
historian,
a
temperate
Wil-
sonian
and
a
counsellor
of
statesmen striving
for
the organization
of
International
peace,
to
vitalize
his
clear
narrative
with
firm
judgements
and
stimulating
generalizations
sometimes
debatable
but
always
solidly
based
when
read
in
context.
With him
the
past
and
the
present
com-
bine
to
explain
each
other
and
prepare
us
for adjustment
to
a
future
of
ever
accelerating
change.
Especially
authoritative
are
Dr.
Shotwell's
appraisals
of
the
international
institutions
engendered
by
two
world
wars:
the
League
of
Nations,
the International
Labor
Organization
and
the
United
Nations,
with
all
of
those
origins
he
was
actively
associated.
Finally
and
hopefully
he
foresees
the "sovereignty
of
science"
forcing
the
obdurate
national
sovereignties "to merge
their
interests
and
respect
the
rights
of
others".
A
most
valuable
book,
blemished
only
by
multiple
misprints.
Vancouver
S.
MAcK
EASTMAN
THE
DEVELOPMENT
OF
INTERNATIONAL
LAW
BY
THE
INTERNATIONAL
COURT.
By
Sir Hersch
Lauterpacht.
1959.
(New
York:
Praeger;
Toronto:
Burns
&
MacEachern.
xiv,
408pp.
$12.50.)
This
book
is
the
second
edition
of
an
essay
the author
first
pub-
lished
In
1933
under
the
title
"The
Development
of
International
Law
by
the
Permanent
Court
of
International
Justice". The
earlier
essay
consisted
of
just
over
100
pages.
The
new
book
runs
to
more
than
400
pages,
and
it
covers
judgments
and advisory
opinions
down
to
the
end
of
1954,
when
the
distinguished
author
was
elected one
of
the
Judges
of
the
International
Court.
The
object
of
the
study,
like
Its
predecessor,
is
to
assess
the
work
of
the
Court-the
two
Courts-in
terms
of
the
persistent
problems
of
the
judicial
function
In
general
and
of
international
tribunals
in
particular.
Judge
Lauterpacht
states
that
he
is
"not
concerned
primarily
with
giving
a
complete
account
of
the
substantive
contribution
of
the
Court
to
the various
branches
of
international
law".
In
many
instances,
how-
ever,
that
is
precisely
what
he
does, one
result
being
that
lawyers
and
political
scientists
will
find
that
his
book
is
of
great
practical
value
as
well
as
being
highly
thought-provoking.
The volume
is
divided
into
5
parts
and
29
chapters.
Part
1,
entitled
"The
Law
Behind
the
Cases",
is
especially
interesting.
It
sweeps
grandly
over
sources,
precedent,
techniques
of
interpretation,
and
the
place
of
the
Court
in
international
society.
Those
interested
in
federalism
and
the role
of
appellate
courts
in
federal
systems
will
find
that
familiar
themes
have
been
used effectively
here.
The
remaining
four
parts
of
the
book
treat
of
judicial caution,
judicial
legislation,
the
effectiveness
of
law,
and
the
Court
and
state
sovereignty.
Many
of
the
author's
old
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