Private Law Sources and Analogies of International Law

Private Law Sources and Analogies of International Law PDF

Author: Hersch Lauterpacht

Publisher: The Lawbook Exchange, Ltd.

Published: 2002

Total Pages: 352

ISBN-13: 1584771844

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Lauterpacht, Sir Hersch. Private Law Sources and Analogies of International Law: With Special Reference to International Arbitration. London: Longmans, Green and Co. Ltd., 1927. xxv, 325 pp. Reprinted 2002 by The Lawbook Exchange, Ltd. LCCN 2001041399. ISBN 1-58477-184-4. Cloth. $75. * A scientific look at the practice of the use of private law for the development of international law. Lauterpacht expands upon this subject with a useful discussion of international arbitration and international tribunals, and refers to numerous cases. An English international lawyer of Polish birth, Lauterpacht [1897-1960] offers a conception of his subject shaped by academic research and practical experience. He was Whewell Professor of International Law at Cambridge and a member of the Institute of International Law and the British Academy. He also served as a judge of the International Court of Justice and was a Bencher of Gray's Inn. Walker, The Oxford Companion to Law 716. The Lawbook Exchange has also published a reprint of his other noted work, The Function of Law in the International Community.

Private law analogies in international law

Private law analogies in international law PDF

Author: Sir Hersch Lauterpacht

Publisher:

Published: 1926

Total Pages: 289

ISBN-13:

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This monograph, which the author submits as a Thesis for LL.D. degree of the University of London, deals with a controversial subject. In fact, the problem of application of private law in international law is so controversial that in the course of the writing of this thesis doubts were frequently arising in the mind of the author whether the subject ought to be dealt with in a University dissertation. These doubts have rather increased than diminished since he decided not to confine himself as a mere registration of opinions of publicists and writers of text-books, but to examine whether the current opinion is in accordance with the practice of states, and whether it has been really incorporated into the science of international law.

Analogies in International Investment Law and Arbitration

Analogies in International Investment Law and Arbitration PDF

Author: Valentina Vadi

Publisher: Cambridge University Press

Published: 2016

Total Pages: 319

ISBN-13: 1107093317

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In recent years, concerns have arisen in investor-state arbitration with regard to the magnitude of the decision-making power allocated to investment treaty tribunals. This book explores whether the use of analogies can improve the functioning of such arbitration, and how such analogies might be drawn.

The Function of Law in the International Community

The Function of Law in the International Community PDF

Author: Hersch Lauterpacht

Publisher: OUP Oxford

Published: 2011-07-14

Total Pages: 528

ISBN-13: 0191018465

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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 the Function of Law was originally published and the lasting legacy of this classic work.

Argument from Roman Law in Current International Law

Argument from Roman Law in Current International Law PDF

Author: Randall Lesaffer

Publisher:

Published: 2010

Total Pages:

ISBN-13:

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In his Private Law Sources and Analogies of International Law (1927), Hersch Lauterpacht claimed that many rules and concepts of international law stemmed from private law. He also showed that it was common practice in international adjudication and arbitration to look for inspiration there. The rules of private law that had found their way to international law were often common to the great municipal law systems. Many had their origins in Roman private law. This article examines whether and how the International Court of Justice has made use of Roman law rules and concepts. Roman law can be thought to fulfil its role as a source of inspiration for international law in three ways. First, it might have served as a direct historical source during the formative period of the modern law of nations. Second, it might have served as an indirect historical source because of its enduring impact on the great municipal law systems afterwards. Thirdly, it might still be considered ratio scripta, the expression of a timeless and universal law. For the purpose of examining which of these roles Roman law plays in the eyes of the ICJ, the analysis is restricted to two examples of private law analogies: occupation of terra nullius and acquisitive prescription.

The Function of Law in the International Community

The Function of Law in the International Community PDF

Author: Hersch Lauterpacht

Publisher: OUP Oxford

Published: 2011-07-14

Total Pages: 528

ISBN-13: 0191029785

DOWNLOAD EBOOK →

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 the Function of Law was originally published and the lasting legacy of this classic work.