Politics and the Emergence of An Activist International Court of Justice

By Thomas J. Bodie | Go to book overview

1
Previous Inquiries

The enormous task of tracing scholarly work in a field of study as old as international law might at first give one reason to pause. Thankfully for this author, however, the distinction between legal and political issues in international law received little treatment prior to the latter half of the nineteenth century. It is about that time that states began to challenge one another in international tribunals, introducing into debate the question of which issues it could appropriately be said were subjects of third-party judgments, a debate willingly taken up by interested scholars and lawyers.

Even limiting one's examination to the latter half of the nineteenth century forward, however, is no small task. It requires some framework for manageably following the evolution of scholarly thought on the subject. One possibility is to view it on a time line. Interestingly enough, that time line may be broken up into three sections, these sections divided by the two world wars of the twentieth century: pre-World War I, interwar, and post-World War II.

The first differentiation between legal and non-legal issues in international law actually was made by Emmerich de Vattel in 1758, when he distinguished between two different types of rights. He does take positive note of arbitration, writing: "Arbitration is a very reasonable means, and one that is entirely in accord with the natural law, of terminating every dispute which does not directly affect the safety of the State."1 But then he immediately issues a caveat that states are not to entrust their survival to arbitral tribunals. There are two very different types of disputes in relations between states: "In the disputes which arise between sovereigns, a careful distinction must be made between essential rights and less important rights, and a different line of conduct is to be pursued accordingly."2

Pursuing different lines of conduct meant for Vattel that "essential rights" were not justiciable and "rights of lesser importance" were justiciable. Until the

-7-

Notes for this page

Add a new note
If you are trying to select text to create highlights or citations, remember that you must now click or tap on the first word, and then click or tap on the last word.
One moment ...
Default project is now your active project.
Project items

Items saved from this book

This book has been saved
Highlights (0)
Some of your highlights are legacy items.

Highlights saved before July 30, 2012 will not be displayed on their respective source pages.

You can easily re-create the highlights by opening the book page or article, selecting the text, and clicking “Highlight.”

Citations (0)
Some of your citations are legacy items.

Any citation created before July 30, 2012 will labeled as a “Cited page.” New citations will be saved as cited passages, pages or articles.

We also added the ability to view new citations from your projects or the book or article where you created them.

Notes (0)
Bookmarks (0)

You have no saved items from this book

Project items include:
  • Saved book/article
  • Highlights
  • Quotes/citations
  • Notes
  • Bookmarks
Notes
Cite this page

Cited page

Style
Citations are available only to our active members.
Sign up now to cite pages or passages in MLA, APA and Chicago citation styles.

(Einhorn, 1992, p. 25)

(Einhorn 25)

1

1. Lois J. Einhorn, Abraham Lincoln, the Orator: Penetrating the Lincoln Legend (Westport, CT: Greenwood Press, 1992), 25, http://www.questia.com/read/27419298.

Cited page

Bookmark this page
Politics and the Emergence of An Activist International Court of Justice
Table of contents

Table of contents

  • Title Page iii
  • Contents vii
  • Foreword ix
  • Acknowledgments xi
  • Introduction 1
  • 1- Previous Inquiries 7
  • 2 - International Arbitration: the States In Action 21
  • 3- The League and the Permanent Court Set a Standard 37
  • 4- The U.N. and the Icj: Continuity And Change 57
  • 5- Where Angels Fear to Tread 85
  • Notes 99
  • Bibliography 105
  • Index 111
  • About the Author 113
Settings

Settings

Typeface
Text size Smaller Larger Reset View mode
Search within

Search within this book

Look up

Look up a word

  • Dictionary
  • Thesaurus
Please submit a word or phrase above.
Print this page

Print this page

Why can't I print more than one page at a time?

Full screen
/ 116

matching results for page

Cited passage

Style
Citations are available only to our active members.
Sign up now to cite pages or passages in MLA, APA and Chicago citation styles.

"Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences." (Einhorn, 1992, p. 25).

"Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences." (Einhorn 25)

"Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences."1

1. Lois J. Einhorn, Abraham Lincoln, the Orator: Penetrating the Lincoln Legend (Westport, CT: Greenwood Press, 1992), 25, http://www.questia.com/read/27419298.

Cited passage

Welcome to the new Questia Reader

The Questia Reader has been updated to provide you with an even better online reading experience.  It is now 100% Responsive, which means you can read our books and articles on any sized device you wish.  All of your favorite tools like notes, highlights, and citations are still here, but the way you select text has been updated to be easier to use, especially on touchscreen devices.  Here's how:

1. Click or tap the first word you want to select.
2. Click or tap the last word you want to select.

OK, got it!

Thanks for trying Questia!

Please continue trying out our research tools, but please note, full functionality is available only to our active members.

Your work will be lost once you leave this Web page.

For full access in an ad-free environment, sign up now for a FREE, 1-day trial.

Already a member? Log in now.