The International Court of Justice: Its Role in the Maintenance of International Peace and Security

By Oliver J. Lissitzyn | Go to book overview

II. THE COURT AND THE CONDITIONS OF INTERNATIONAL PEACE

Perhaps the greatest contribution that can be made by the Court to the cause of peace in the present stage of world organization is the development of international law through its activity. The proper appreciation of this contribution requires some understanding of the function of law as one of the conditions of peace among nations.


THE FUNCTION OF LAW IN THE WORLD COMMUNITY

International lawyers recognize in principle that international law has grown and functioned largely in response to the practical needs of the world community, and students of international politics have accorded to international law a place, however modest, among the techniques of international relations; but no thorough study based on concrete historical data of the relation between international law and international politics has ever been made. The discussion here presented of the role of international law and its organs in the maintenance of peace and security is, therefore, of necessity general and in part based on certain reasonable but unproved hypotheses.1

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1
For some discussions from various points of view of the nature of international law and its relation to world politics, see J. L. Brierly, The Law of Nations ( 4th ed., Oxford, The Clarendon Press, 1949) and The Outlook for International Law( Oxford, The Clarendon Press, 1944); Philip C. Jessup , "The Reality of International Law", Foreign Affairs, Vol. XVIII ( 1940), p. 244; Charles Cheney Hyde, International Law Chiefly As Interpreted and Applied by the United States ( 2nd revised ed., Boston, Little, Brown and Co., 1945), Vol. I, pp. 1-20; Edward Hallett Carr, The Twenty Years' Crisis 1919-1939 ( 2nd ed., London, Macmillan Co., 1946), pp. 170-223; Hans J. Morgenthau, Politics Among Nations ( New York, A. A. Knopf, 1948), pp. 209-42; Gerhart Niemeyer, Law Without Force ( Princeton, Princeton University Press, 1941); Frederick Sherwood Dunn, The Protection of Nationals ( Baltimore, The Johns Hopkins Press, 1932); Georg Schwarzenberger , "The Rule of Law and the Disintegration of the International Society", American Journal of International Law, Vol. 33 ( 1939), p. 56, and "International Law and Society", The Year Book of World Affairs 1947, p. 159; H. A. Smith, The Crisis in the Law of Nations ( London, Stevens & Sons Ltd., 1947); Edwin D. Dickinson, "International Law: An Inventory",

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The International Court of Justice: Its Role in the Maintenance of International Peace and Security
Table of contents

Table of contents

  • Title Page iii
  • Foreword v
  • Table of Contents *
  • I. Introduction 1
  • II- the Court and the Conditions Of International Peace 3
  • III- the Court and the Settlement Of Disputes 39
  • IV- the Court and the Enforcement Of Peace 103
  • Selected Bibliography 110
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