The Function of Law in the International Community

The Function of Law in the International Community, first published in 1933, is one of the seminal works on international law. Its author, Sir Hersch Lauterpacht, is widely considered to be one of the great international lawyers of the 20th century. It continues to influence those studying and working in international law today. This republication once again makes this book available to scholars and students in the field. It features a new introduction by Professor Martti Koskenniemi, examining the world in which theFunction of Lawwas originally published and the lasting legacy of this classic work.

The Late 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 May 8, 1960 at the age of 63.

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