抄録
<jats:p>The title of this article<jats:sup>1</jats:sup> is drawn from Sir Hersch Lauterpacht's famous monograph, published in 1933, entitled <jats:italic>The Function of Law in the International Community</jats:italic>.<jats:sup>2</jats:sup> Writing in a decade when the shattering effects of the physical destruction wrought by World War I were giving way to the debilitating effects of the Great Depression, and when the invasions of Manchuria and Abyssinia would sit side-by-side with the rise of Fascism in Germany and the great Stalinist terror in Russia, Lauterpacht was, not unnaturally, seeking a better way to a peaceful future under the Rule of Law. At that time, the recently established International Court in The Hague was dealing with acutely political cases, such as the question of the compatibility of the Austro-German Customs Union with the post-war peace settlement;<jats:sup>3</jats:sup> and the cool rationality of debate in the Peace Palace seemed to offer a better way.</jats:p>
収録刊行物
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- International and Comparative Law Quarterly
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International and Comparative Law Quarterly 61 (1), 209-222, 2012-01
Cambridge University Press (CUP)