Book Reviews : The Development of International Law through the Political Organs of the United Nations. Rosalyn Higgins, London, New York, Toronto, Oxford University Press for the R.I.I.A. 63/-
| Published date | 01 April 1964 |
| Date | 01 April 1964 |
| DOI | 10.1177/004711786400200906 |
| Subject Matter | Articles |
630
Offenders
Acts,
a
difference
which
is
becoming
less
and
less
justifiable
as
the
members
become
truly
independent
States.
The
fourth
chapter
deals
with
the
internal
relations
of
the
Commonwealth
and
contains
an
excellent
discussion
of
the
inter
se
doctrine
and
shows
how,
particularly
since
the
last
war,
the
doctrine
has
lost
much
of
its
relevance.
He
also
advances
what
is
undoubtedly
the
right
view,
namely
that
the
common
status
of
British
subject
enjoyed
by
citizens
of
the
various
Commonwealth
countries
does
not
entitle
one
member
to
exercise
diplomatic
protection
over
the
citizens
of
another
member.
The
fifth
chapter
on
the
Commonwealth
and
international
cooperation
contains
a
very
useful
summary
of
the
treaty
arrangements
between
members,
and
gives
an
accurate
description
of
practice
in
treaty
succession,
of
the
use
of
the
’colonial
application’
clause
in
treaties,
and
of
the
position
with
regard
to
membership
of
international
organisations.
We
thus
have
a
first-rate
study
of
some
very
difficult
problems:
some
are
of
historical
interest
only,
others
are
of
contemporary
importance.
There
is
no
doubt
that
Mr.
Fawcett’s
book
will
henceforth
be
the
standard
work
of
reference
in
this
troublesome
area
of
international
and
constitutional
law.
D.
W.
Bowett
The
Development
of
International
Law
through
the
Political
Organs
of
the
United
Nations.
Rosalyn
Higgins,
London,
New
York,
Toronto,
Oxford
University
Press
for
the
R.I.I.A.
63/-.
In
this
extremely
well
documented
and
scholarly
study
Dr.
Higgins
is
concerned
not
so
much
with
the
accepted
norms
of
international
law
as
with
its
nodal
points-the
fresh
growth
springing
from
the
activities
of
the
political
organs
of
the
United
Nations
and
in
particular
from
the
legal
practice
of
the
General
Assembly
and
the
Security
Council.
In
her
Preface
she
scouts
the
view
that
the international
lawyer
is
one
who
&dquo;hides
in
an
illusory
world
of
tidy
rules
and
obeyed
norms
and
is
little
concerned
with
the
realities
of
international
relations&dquo;,
but
goes
on
to
say
that
if
this
popular
image
&dquo;is
to
be
shown
completely
to
lack
foundation
then
international
law
must
contributed
in
an
effective
way
to
the
solution
of
the
crucial
problems
of
our
day.
To
do
this
lawyers
must
try
to
analyse
the
political
consequences
of
their
views
and
attempt
to
understand
the
social
implications
of
their
legal
interpretations&dquo;.
She
therefore
directs
her
attention
to
politics
as
well
as
to
law
and
rejects
equally
the
&dquo;view
of
the
political
scientists
who
believe
that
law
is
a
mere
facade
for
unfettered
political
power
and
the
view
of
the
international
lawyers
who
deplore
the
introduction
of
political
realities
into
legal
decisions&dquo;.
Once
granted,
however,
it
is
difficult
to
define
where
legal
considerations
should
end
and
political
realities
enter;
carried
too
far
it
merely
lands
its
practitioner
yet
again
into
acting
on
grounds
of
expediency-the
final
result
being
both
bad
law
and,
usually,
short-sighted
politics.
Dr.
Higgins
book
is
divided
into
five
sections:
Part
I
deals
with
the
Concept
of
Statehood
in
United
Nations
Practice;
Part
II
with
the
Concept
of
Domestic
Jurisdiction;
Part
III
with
Recognition;
Part
IV
with
the
Legal
Limits
to
the
Use
of
Force
by
the
United
Nations;
while
Part
V
consists
of
a
lengthy
examination
of
the
Law
of
Treaties
in
U.N.
Practice.
The
study
is
indexed
and
there
is
a
valuable
bibliography.
The
author
contends
that
the
United
Nations
has
displayed
considerable
and
proper
flexibility
in
interpretating
the
criteria
determining
statehood
while
still,
in
general,
basing
it
upon
the
accepted
four
elements.
As
far
as
domestic
jurisdiction
is
concerned
the
U.N.
has,
on
the
whole,
followed
a
fairly
conservative
path,
though
there
are
signs
that
under
the
mounting
pressure
of
the
new
Members
this
may
be
changing.
She
points
out
that
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