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AuthorLauterpacht, Hersch, 1897-1960
TitleThe function of law in the international community / by Hersch Lauterpacht
Imprint Oxford ; New York : Oxford University Press, 2012
Edition Reprinted 2012(with corrections)
Descript xlvii, 477 p. ; 24cm


pt. 1. Introductory. The science of international law and the limitations of the place of law in the settlements of international disputes ; Conventions of pacific settlement and the limitation of the judicial function -- pt. 2. The international judicial function and the completeness of international law. Limitation of the judicial function on account of the absence of rules of international law ; 'Lacunae' in international law ; The problem of the judicial function in international law ; Novelty of action and nature of judicial activity in international law -- pt. 3. Political Disputes and the Judicial Function in International Law. Importance of disputes as a test of judiciability ; International law and judicial determination of important issues ; The doctrine of 'de maximis non curat praetor' as part of legal obligations ; The impartiality of international tribunals -- pt. 4. Stability and Change in International Law. International change and the judicial settlement of international disputes ; International conciliation as as instrument of change ; The judicial application of the doctrine 'rebus sic stantibus' ; The doctrine of abuse of rights as an instrument of change ; Extension of judicial legislation by the will of the parties ; Judicial decision as the starting point for the modification of the law -- pt. 5. Disputes as to rights and conflicts of interests. 'Disputes as to rights' as a legal concept ; Obligatory settlement of so-called conflicts of interests -- pt. 6. The limits of the rule of law. Limitations on the rule of law within the state ; The 'specific' character of international law and the rule of law in international society.

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