Review: International Law: Law and Society
| DOI | 10.1177/002070207803300318 |
| Date | 01 September 1978 |
| Published date | 01 September 1978 |
| Author | G.I.A.D. Draper |
| Subject Matter | Review |
640
INTERNATIONAL
JOURNAL
in
referring
such
issues
for
judicial
rather
than
political
settlement,
but
questions
whether
the
right
of
extradition
should
be
extended
in
the
absence
of an
impartial
tribunal,
and
at
the
same
time
doubts
the
need
for
a
new specialist
tribunal
-
'States
which
consider
themselves
touched
in their "honour"
or "vital interests"
by
an act of
terrorism
and
whose
leaders
are
short-tempered
will
probably,
in
so
far
as
they
belong
to
the
modern
"cultural"
type
of
the
entirely
unprincipled
ag-
gressor,
once
again ignore
the
existence
of
a
regular
judicial
recourse.
And
the
other
States
which
are
to
a
certain
extent
sincerely
prepared
to fulfil
their international
engagements presumably
do
not
need
a
new
international
organ
to
secure
the maintenance
of peace.
What
use
is
there
in
a
procedural
apparatus,
which
becomes
increasingly
top
heavy,
against
the
general
sinking
of
the
level
of
political
morality?'
(pp
361-2)
It
has
in
recent
years
become
more
and
more
difficult
to
distinguish
between
the
advisory
and contentious
jurisdiction
of
the
World
Court;
after
all
South
Africa
would
have
paid
no
more
attention
to
the
1966
decision
on
South
West
Africa if
it
had
gone
the
other
way
than
it
has
to
the
Namibia
advisory
opinion.
It
is
interesting
to
note
Professor
Verzijl's
comment
on the
Western
Sahara
opinion
-
'The
reasoning
of
the
Court
in
this
affair
on
the
whole
sounds
convincing. Its
Opinion,
however,
has
not
had
the slightest
influence
upon
the
actual
political
development
in
the
area'
(p
519).
There
is
obviously
plenty
to
ponder
in
this volume
of
Verzijl's
International
Law
in
Historical
Perspective.
It
is
a
pity
that
his
realistic
assessment
so
often reminds one
of
Leon
Uris'
Exodus
-
international
law
is
that
thing
which
the
evil
ignore
and
the
righteous
refuse
to
enforce!
L.C.
Green/University
of
Alberta
LAW
AND
SOCIETY
L.C.
Green
Dobbs
Ferry,
NY:
Oceana,
1975,
xviii,
502pp,
$28.o0
Professor
L.C.
Green
of
the
University
of Alberta
has
put
together
in
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