The Function of Law in the International Community

Sir Hersch Lauterpacht was one of the leading international lawyers of the twentieth century. The author of, inter alia, Private Law Sources and Analogies of International Law, the International Law Reports, and one of the editors of Oppenheim's International Law, he was called to the Bar by Gray's Inn and elected to the Whewell Chair of International Law at Cambridge. As a practitioner, he was part of the legal team for oil companies in their arbitrations with various Gulf States between 1948-1950, and advised the Anglo-Iranian Oil Company in its dispute with Iran over nationalization in 1950-51. Hersch was appointed QC in 1949. In 1953 and 1954 he was elected to the International Law Commission, where he became Special Rapporteur on Treaties, before being elected as a judge of the International Court of Justice in 1954. Hersch was knighted in 1956. He died on 8 May 1960 at the age of 63.

... not only a classic, but a jurisprudential gem for those who are about to enter the profession of international law. ... Its inspiration will linger for years to come.

• PART I - INTRODUCTORY ; 1. The Science of International Law and the Limitations of the Place of Law in the Settlements of International Disputes ; 2. Conventions of Pacific Settlement and the Limitation of the Judicial Function ; PART II - THE INTERNATIONAL JUDICIAL FUNCTION AND THE COMPLETENESS OF INTERNATIONAL LAW ; 3. Limitation of the Judicial Function on Account of the Absence of Rules of International Law ; 4. 'Lacunae' in International Law ; 5. The Problem of the Judicial Function in International Law ; 6. Novelty of Action and Nature of Judicial Activity in International Law ; PART III - POLITICAL DISPUTES AND THE JUDICIAL FUNCTION IN INTERNATIONAL LAW ; 7. Importance of Disputes as a Test of Judiciability ; 8. International Law and Judicial Determination of Important Issues ; 9. The Doctrine of 'De Maximis Non Curat Praetor' as Part of Legal Obligations ; 10. The Impartiality of International Tribunals ; PART IV - STABILITY AND CHANGE IN INTERNATIONAL LAW ; 11. International Change and the Judicial Settlement of International Disputes ; 12. International Conciliation as as Instrument of Change ; 13. The Judicial Application of the Doctrine 'Rebus Sic Stantibus' ; 14. The Doctrine of Abuse of Rights as an Instrument of Change ; 15. Extension of Judicial Legislation by the Will of the Parties ; 16. Judicial Decision as the Starting Point for the Modification of the Law ; PART V - DISPUTES AS TO RIGHTS AND CONFLICTS OF INTERESTS ; 17. 'Disputes as to Rights' as a Legal Concept ; 18. Obligatory Settlement of So-called Conflicts of Interests ; PART VI - THE LIMITS OF THE RULE OF LAW ; 19. Limitations on the Rule of Law within the State ; 20. The 'Specific' Character of International Law and the Rule of Law in International Society