Hersch Lauterpacht

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Sir Hersch Lauterpacht (born August 16, 1897 in Żółkiew , Galicia , Austria-Hungary ; died May 8, 1960 in London ) was an Austro - British legal scholar who was highly regarded both nationally and internationally due to his diverse activities in the field of international law professional recognition.

His views were particularly influenced by the First World War and completed his legal training in the 1920s at the University of Vienna with Hans Kelsen and at the London School of Economics , where Arnold McNair became his academic teacher and supporter. After a subsequent activity as a lecturer at the London School of Economics and at the University of London, he held the Whewell Chair in International Law at the University of Cambridge from 1938 to 1955 . He was also a member of the United Nations International Law Commission from 1951 to 1954 . In 1955 he withdrew from his university duties and became a judge at the International Court of Justice in The Hague , where he served until his death.

Hersch Lauterpacht was a representative of the natural law philosophy of Hugo Grotius and criticized a strict legal positivist view in the area of ​​international law. In the course of his career he shaped the theory and practice of international law with fundamental contributions in particular to the concept of human rights , international criminal law , the question of the recognition of states and international contract law . In the historiography of international law, he is considered one of the most outstanding legal scholars of the 20th century and has received a number of high academic and state honors for his work. In 1947 he was accepted into the Institut de Droit international and a year later into the British Academy , and in 1956 he was knighted . His son Elihu Lauterpacht was also a renowned expert on international law in Great Britain and abroad.

Life

Youth and education

The main building of the University of Vienna , where Hersch Lauterpacht received his legal and political studies

Hersch Lauterpacht was born in 1897 to Orthodox Jewish parents in the city of Żółkiew in Galicia . His hometown, which like the entire region of Galicia had been under Polish rule from 1349 and under Austrian-Hungarian rule from 1772 after the first partition of Poland , became part of Poland again after the end of the First World War . Today it belongs to Ukraine under the name Schowkwa . While he was still a child, the family, who belonged to the wealthy middle class, moved to nearby Lemberg in 1910 , where Hersch Lauterpacht grew up and completed his schooling. Through traditional personal materials that later were owned by his son, there is evidence that he intensively in his youth on policy , economic and jurisprudential devoted Subjects and with magazines in the languages English , French , German and Polish dealt . During the First World War he was signed up for the Austrian army and worked in his father's wood factory, which had been requisitioned by the army .

Immediately after the end of the war he began to study law , philosophy , history and political science at the University of Lemberg , which he did, however, due to strong anti-Semitic tendencies at the university and in his home region of Galicia from 1919 at the University of Vienna under Hans Kelsen, among others continued and graduated with doctoral degrees in law (1921) and politics (1922). In his legal dissertation under the title “The international law mandate in the statutes of the League of Nations”, he dealt intensively for the first time with a topic from the field of international law . During his studies he sympathized with Zionist positions and was the first president of the newly founded "World Federation of Jewish Students". At that time, he regarded his ancestry as neither Austrian nor Polish, but rather as Jewish. In the course of his later life, however, these views took a back seat to a basic attitude characterized by liberalism , individualism and cosmopolitanism .

In Vienna he also met his future wife Rachel Steinberg, who was studying music there. After their marriage in 1923, they moved to the United Kingdom in the same year , as Hersch Lauterpacht pursued the goal of continuing the studies of international law he had begun under Hans Kelsen in Vienna with the British legal scholar Arnold McNair . He enrolled as a research student at the London School of Economics (LSE), where McNair subsequently became his academic teacher. A close and lifelong friendship developed between the two of them, which also extended to their families and shaped the later career of Hersch Lauterpacht. In July 1928, his son Elihu Lauterpacht , who later followed his father's interests and also became a prominent lawyer in the field of international law, was born the only child of his marriage.

academic career

Trinity College at the University of Cambridge, where Hersch Lauterpacht worked from 1938 to 1954

Hersch Lauterpacht was a lecturer at the London School of Economics in the field of teaching and research until 1937 and published in 1927 with the book "Private Law Sources and Analogies of International Law with Special Reference to Arbitration", which was partly based on his legal dissertation, his first important English-language treatise. In 1931 he took British citizenship . In the following year, in addition to his work at the LSE, he also became a lecturer in international law at the University of London . In 1933 one of his most famous works was published under the title “The Function of Law in the International Community”. From 1935 he acted as editor of the textbook "International Law: A Treatise" founded by Lassa Oppenheim . Under his direction, the fifth to eighth edition of the first volume ("Peace") was published until 1955 and the fifth to seventh edition of the second volume ("War and Neutrality") between 1935 and 1952. In addition, under the title “Annual Digest and Reports of Public International Law Cases”, he initiated the regular publication of a collection of case decisions by national and international courts on questions of international law, which he supervised until the end of his life and beyond his death into the Present annually under the title "International Law Reports".

The Kelsen student Leo Gross , who also emigrated to England and later emigrated to the USA, supported Hersch Lauterpacht as an assistant in the 1930s. In 1936, he was appointed barrister to the Gray's Inn Bar Association. Although he showed little interest in English law himself, he passed the exams necessary for admission to the bar on the advice of his mentor Arnold McNair, who considered such a professional qualification to be advantageous for a job at an English university. In 1938, succeeding McNair, he received a call to the Whewell Chair in International Law at the Law School of the University of Cambridge , one of the oldest and most prestigious academic positions in the world in the field of international law. From 1944 to 1954 he was also editor of the “British Year Book of International Law”. In 1930, 1934, 1937 and 1947 he worked as a lecturer at the Hague Academy for International Law . In October 1940 he traveled to the United States at the invitation of the Carnegie Foundation for International Peace and was a visiting professor there until early 1941 . From July 1941 to March 1942 he went back to the USA as Mary Whiton Calkins visiting professor at Wellesley College . His students included DP O'Connell , who later became Chichele Professor of International Law at the University of Oxford , Stephen Myron Schwebel , who later became President of the International Court of Justice, and Derek Bowett , who later, like Lauterpacht, was the owner of the Whewell Cambridge chair.

After the Second World War

The Peace Palace in The Hague, seat of the International Court of Justice, where Hersch Lauterpacht worked from 1955 until his death

During the Second World War, Hersch Lauterpacht lost his parents as well as his siblings and their children with the exception of one niece as a result of the Holocaust . Even if a corresponding influence on his views and interests cannot be directly ascertained in his writings, his shift from political issues to humanitarian considerations, to international criminal law and to questions of human rights in his work after 1945 was probably influenced by this personal experience. During the Nuremberg trial of the major war criminals , he prepared the opening and closing speeches for the British chief prosecutor Hartley Shawcross . In his remarks, he emphasized the neutrality and independence of the International Military Tribunal and the application of international legal standards instead of victors' justice . Hartley Shawcross used Hersch Lauterpacht's extremely unemotional, formal legal and cautiously formulated designs only in part in his arguments, which were characterized by passionate and sometimes angry language . Nevertheless, Shawcross expressed his gratitude to Lauterpacht several times in the following years. 1948 seemed Hersch Lauterpacht three months in New York in the work program of the newly formed International Law Commission of the United Nations with. From 1951 to 1954 he was a member of the commission himself and during this time he prepared two reports on international contract law .

In addition, he worked several times as legal advisor to the British Foreign Office and between 1948 and 1952 as an advisor to the Anglo-Persian Oil Company and other petroleum companies in international mediation cases. His most important academic publications after the Second World War were the "An International Bill of the Rights of Man" published in 1945 and the "International Law and Human Rights" published five years later, which received a great deal of attention in jurisprudence and jurisprudence, especially in Germany Teaching found his works on human rights. In 1954 he was elected judge at the International Court of Justice (ICJ) in The Hague . His nomination by the British government met with some skepticism in Great Britain, as the prevailing view in some social circles was that the representative of the country at the court should be "British through and through" and that Hersch Lauterpacht should not make this claim either by his origin or by his Name or his education would meet. He took office the following year after retiring from his position at the University of Cambridge. In the opinion of the German-American lawyer Wolfgang Friedmann, Lauterpacht's election counteracted a loss of reputation for the court, which the court had been exposed to since its establishment, because a number of cases had ended with disputes about the formal jurisdiction of the court instead of clarifying factual questions. His successor as Whewell Professor was his friend, Robert Jennings , who was also a judge at the ICJ from 1982. As at Cambridge, Hersch Lauterpacht followed his former teacher Arnold McNair at the IGH.

During his time at the Court of Justice, Hersch Lauterpacht was involved in a number of fundamental decisions, some of which he shaped by separate opinions , which are still considered to be fundamental contributions to the theory of international law to the present day . The best-known cases in which he was involved included the Certain Norwegian Loans (France v. Norway) case , which ran from 1955 to 1957, and the Interhandel case (Switzerland v. United States of America), which was negotiated between 1957 and 1959 . The subject of dispute in the Norwegian Loans case between France and Norway was the redeemability in gold of certain bonds issued by Norwegian banks between 1885 and 1909. In the Interhandel case, Switzerland claimed the United States to return the assets of Interhandel , a Swiss front company of the German chemical company I.G. Farben , which was dissolved by the Allied Control Council due to its ties to the National Socialist government in Germany. The central point of contention in both cases was the jurisdiction of the International Court of Justice, which was called into question by the respective sued parties on the basis of corresponding reservation clauses . A characteristic of Lauterpacht's statements in the decisions of the IGH was their length and the level of detail in the respective reasons. This corresponded to his endeavors not only to decide the specific case with the judgments, but also to clarify or specify related general legal aspects and in this way contribute to the further development of international law.

death

Hersch Lauterpacht suffered a serious heart attack in The Hague in October 1959 and died six months later in London at the age of 62 during a cancer-related operation. As part of his judicial work at the IGH, immediately before his death, he dealt with the opinion on the Constitution of the Maritime Safety Committee of the Inter-Governmental Maritime Organization , which was published by the Court one month after his death. The subject of this decision, also known as the IMCO Advisory Opinion , which documented important principles for the interpretation of treaties by the Court of Justice, was the legality of the creation of a committee of the International Maritime Organization .

Due to the death of Hersch Lauterpacht, his work on his own comprehensive general treatise on international law was just as unfinished as a new edition of Oppenheim's textbook, of which the ninth edition, edited by Robert Yewdall Jennings , appeared in 1992 . His successor at the International Court of Justice was the Briton Gerald Fitzmaurice , who six years earlier had already taken over Lauterpacht's position on the International Law Commission. The choice of Fitzmaurice followed the tradition of the Court of Justice to elect a candidate from the same country if a judge dies before the regular end of his term of office.

Act

Legal philosophical and political views

Hugo Grotius (1583–1645), whose natural law considerations shaped the legal philosophy of Hersch Lauterpacht

In his views and work, Hersch Lauterpacht was particularly influenced by the First World War and the post-war years, in which he completed his studies and began his academic career. In his book The Function of Law in the International Community , published in 1933, he later postulated that the international legal system had to be based on the renunciation of state violence, which he described as the “original duty of law”. He saw the First World War and its pre- and post-war history as well as the underlying aggressive nationalism as a break and a step backwards in the development of international relations, which in his opinion had been largely peaceful and progressive up to the end of the 19th century. On the other hand, there was the view, influenced by modernity , that the First World War contributed to overcoming traditional social and cultural norms and initiating the development of new approaches in culture and society. One of the most prominent representatives of modernist positions in law was Hans Kelsen , with whom Lauterpacht had studied in Vienna and whom he admired despite the differences between Kelsen's views and his own traditionalist and natural law -based view. In addition, he shared some of Kelsen's views, such as being skeptical about the suitability of the law to protect against arbitrariness .

He did not trust the League of Nations, founded as a result of the First World War, to establish the renunciation of state power as the basis of the international legal system, as he demanded, since in his opinion the Charter of the League of Nations was full of loopholes for aggressors . He also found the world order that emerged as a result of the Second World War disappointing, despite the progress made in the area of ​​international order, for example through the establishment of the United Nations , mainly due to the division of the international community into two power blocs. Hersch Lauterpacht was a follower of Victorian ideals and saw himself as a progressive challenger to jurisprudential orthodoxy who tried in various areas to expand international law by criticizing existing positions and theories beyond its original or applicable limits. Its fundamental principles of legal philosophy were particularly influenced by the writings of Hugo Grotius and Immanuel Kant . In this regard, he is considered to be one of the leading representatives of a revival of the natural law traditions of Grotius in the 20th century, even if he admitted that there would be no natural law that was completely unaffected by other legal sources and principles.

Hersch Lauterpacht understood law as a science that, like the natural sciences, is characterized by a horror vacui , i.e. a reluctance to empty spaces, as well as a striving for logical consistency and agreement with reality. He rejected state-related legal positivism , since it would not do justice to these scientific claims and was an obstacle to the development of a universal legal order. He regarded natural law as one of the primary sources of international law and, in this regard, took the view that natural law was not necessarily arbitrary, but could rather act as a progressive force. In his writings and his work he assumed a formal and material “completeness of the international legal order”, an idea that he elaborated in particular in his work The Function of Law in the International Community . In his opinion, the basic prerequisite for such completeness is the admissibility of conclusions by analogy from private law , natural law considerations and decisions based on general legal principles in areas in which contractually standardized international law has gaps. In particular on the applicability of principles of private law in the area of ​​international law, Hersch Lauterpacht is considered to be the first author to systematically address this question. Based on his view on the completeness of the international legal order, he also took the view that there could be no situation of non liquet in international law, i.e. the rejection of a case by an international court due to a lack of jurisdiction or an unclear legal situation.

Hersch Lauterpacht regarded a complete lack of law in a certain area as an absurdity. In this regard, however, he admitted that a strict legal positivist view would have fundamentally different consequences in international law than in other legal disciplines in which he accepted legal positivist principles. While, in his opinion, this would lead to gaps in the law in the area of ​​international law, a closed and seamless legal system would be the essence of legal positivism in private and public law . His claim to a complete legal order in international law and the methodology on which it is based resulted from his academic character by the positivist line of thought of German legal traditions. Hersch Lauterpacht was critical of the point of view advocated by other lawyers that there are fundamental differences between the Anglo-Saxon and continental European schools of thought in law. In his view, such a view stood in the way of a unified understanding of law and justice as well as a common basis for the international legal order and thus an international law as the law of all humanity. Since he was equally influenced by both schools of thought through his training in Vienna and London, he tried to combine them in his teaching and his writings. This was expressed in particular in the editions of Oppenheim's "International Law: A Treatise" that he edited, which he expanded in terms of content as well as his mindset in the course of the new editions he edited.

In addition, Hersch Lauterpacht was a representative of the domestic analogy view that national and international law would or should be based on the same moral and legal principles. In his writings after 1945, he therefore deviated from the prevailing positivist opinion that only states are subjects of international law . Based on this view, during his tenure at the International Court of Justice he repeatedly criticized the reservation of the United States and other states, which he referred to as automatic reservation , according to which the ICJ had no jurisdiction in cases which, in one country's view, would be subject to the jurisdiction of national courts. At the center of an international legal order, he saw an international court such as the Permanent International Court of Justice, which existed until 1945, and the International Court of Justice that emerged after the end of the Second World War. For the jurisdiction of international tribunals, he saw no given limits in this regard, rather he took the view that such courts should address themselves to as many questions as possible. A central doctrine within his views was the principle pacta sunt servanda (“contracts must be kept”), which he advocated in several of his statements at the ICJ.

Life's work

"Private Law Sources And Analogies of International Law", the first important English-language monograph by Hersch Lauterpacht

For more than 15 years, Hersch Lauterpacht held one of the most prestigious English professorships in the field of international law and wrote five important monographs and over 70 specialist articles over the course of his career . In addition, he acted as the editor of a long-established and internationally distributed textbook as well as two important international law periodicals , one of which he founded himself. In the last decade of his life he worked in two central institutions of the international legal order, the International Law Commission and the International Court of Justice. He had a decisive influence on the theoretical and practical development of international law as well as academic research and teaching in this area of ​​law for around a quarter of a century. His academic writings as well as his statements in the decisions and reports of the ICJ are regularly quoted in specialist articles, in judgments and in debates of the UN General Assembly up to the present day . In the five years that he served at the International Court of Justice until his death, however, his influence on the ICJ was not as great as was expected when he took office.

The most important legal theoretical publication by Hersch Lauterpacht is the book "The Function of Law in the International Community", published in 1933. The starting point and thematic basis of the work, which both linguistically and argumentatively corresponded to the line of thought of German legal traditions, were the attempt at a customs union between Germany and Austria and the corresponding dispute before the Permanent International Court of Justice about its legality. In this book he set out his views on a comprehensive and complete international legal order without significant political and diplomatic influences and took the position that problems in international politics and international relations can only be solved by law. He established this position in his work primarily through a historically derived comparison with the opposite doctrine that there are both political and legal conflicts and thus also international disputes that are not justiciable. He regarded this assumption of different types of conflicts as not completely feasible in practice and as not logically or legally justifiable.

Together with his friend and teacher Arnold McNair, Hersch Lauterpacht helped establish international law in Great Britain as an equal discipline in academic teaching in law. He had an exceptionally good reputation as a university lecturer because of his style. His lectures were well attended, both by students and colleagues, who hoped this way to stimulate their own work. As a rule, he held his lectures in the late morning in order to be able to prepare for the respective topic in the early morning using his materials. For the discussions in his seminars , he presented problems that stemmed directly from the actual international law practice of his time and with which he was often personally concerned. According to the memories of his friend Robert Jennings, he was particularly gifted at using pauses in lectures and seminars to structure his lectures. Another stylistic device that was striking in his lectures and discussions was the concise and occasionally repeated question “Is that so?” If he was not satisfied with a statement made by a student or colleague that was in his opinion poorly thought out and based on textbook knowledge he wanted to initiate a deeper debate about it.

Beyond his studies, Hersch Lauterpacht took a great part in the lives of his students, whom he met with helpfulness and generosity, and supported them, for example, in finding accommodation. From his personal fortune, he donated the Arnold McNair Scholarship Fund , from which the University of Cambridge has financed a one-year scholarship for students in the field of international law to the present day . As editor of the “British Year Book of International Law”, he avoided questions of temporary interest when selecting the topics and placed great emphasis on contributions from which he expected a long-term influence on the development of international law. In addition, he specifically promoted younger legal scholars by giving them the opportunity to publish articles.

Reception and aftermath

Influence on international law

The main work by Hersch Lauterpacht, published in 1933, is a legal theoretical treatise on the function of law in the international community

Hersch Lauterpacht, who in the course of his career dealt with almost every topic of international law relevant to the first half of the 20th century, made fundamental and formative contributions in several areas. Outstanding were his work on the concept of human rights , which co-founded this area of ​​law and culminated in his work "International Law and Human Rights" published in 1950. His ideas in this area created the basis for the currently established system in Europe for the protection of human rights, including the European Court of Human Rights and its predecessor, the European Commission on Human Rights . Like his previous positions on other issues of international law, this work was also influenced by natural law considerations shaped by Grotius. At the time of the founding of the United Nations , his work "An International Bill of the Rights of Man", published in 1945, was the only comprehensive treatise on the establishment and protection of universally applicable human rights. He viewed the Universal Declaration of Human Rights , adopted by the UN General Assembly three years later, with a critical eye, as he considered it to be too general and vague and therefore ineffective with regard to its enforceability. Nonetheless, in his book, published in 1950, he was convinced that the UN Convention on Human Rights, for example, had had a significant influence on some decisions of the United States Supreme Court on issues of racial segregation and equality .

Another area to which Hersch Lauterpacht devoted himself was the question of the recognition of states . In this area he basically started from the constitutive theory of sovereignty , according to which an entity only becomes a subject of international law once it has been recognized by other states . However, he expanded this view to include the principle later known as the “Lauterpacht Doctrine”, that there would be an obligation to recognize entities as a state, provided that they meet the characteristics of states as defined by the declarative theory of sovereignty. These characteristics formulated in the Montevideo Convention include the existence of a state people , a state territory and a stable government exercising state power . The obligation to recognize, postulated by him, forms the basis of Great Britain's foreign policy, for example, and is in contrast to the practice of recognition on the basis of unilateral discretion. In order to avoid conflicts between this recognition requirement and national self-interest, he proposed that responsibility for recognition be transferred to an international body such as the ICJ. With this point of view, which was positioned between the constitutive and the declarative theory and combined elements of both theories, Hersch Lauterpacht sought a collective and legally regulated process for the recognition of states. This approach was criticized, however, because, for example, in the opinion of the Austrian-American lawyer Josef Laurenz Kunz , its justification is not based on logical arguments but on ethical considerations, and thus devalues ​​the importance of positive law. Furthermore, according to Kunz, the doctrine proposed by Lauterpacht is not in accordance with the practice of the international community.

From 1940 until after the end of the Second World War, Hersch Lauterpacht also made important contributions to international criminal law. With his view that the “ order is order ” perspective ( superior orders ) to justify an illegal military act, he influenced the contents of the British Military Manual. He also played a key role in the conception of the London Statute of 1945, which formed the legal basis for the military tribunals of the Nuremberg trials. His activities were particularly important for the tripartite division of the offenses defined therein into war crimes , crimes against peace and crimes against humanity , which he proposed to the American chief prosecutor Robert H. Jackson , as well as for the conception of the term "crimes against humanity" . Other topics to which Hersch Lauterpacht devoted himself included international contract law and international law relating to the continental shelf .

Awards and recognition

Hersch Lauterpacht was described by people close to him as dignified, elegant and humorous in his demeanor as well as courteous and hospitable in dealing with other people, but at the same time he was also considered energetic, demanding and demanding towards his students and colleagues. He did not lose his life, the continental European influenced accent in his English pronunciation, which was felt by friend of his lawyers as distinctive for his lectures and conversations. In a country to which he had emigrated without significant connections or financial means, he achieved high-ranking positions in his professional environment and later high academic and state honors in less than 15 years. The support and advocacy of his friend Arnold McNair as well as the assimilation into the British academic elite through the positions represented by him are considered to be decisive for his success . His work is seen as the benchmark and paradigm that shapes the understanding of international law in Great Britain to the present day. In comparison to other legal scholars, his work was characterized by his extensive preoccupation with philosophy, with practical problems and with the limits of international law. Typical of most of his writings were his examination of fundamental questions, his extensive references to legal philosophical aspects in his argumentation, his repeated criticism of rigid legal positivism and his encyclopedic knowledge of law, political theory and the history and practice of diplomacy .

Hersch Lauterpacht was accepted into the Institut de Droit international in 1947 and a year later as a fellow at the British Academy . He was also appointed Queen's Counsel in 1949 and Master of the Bench in 1955 (appointed senior member) of the Gray's Inn Bar Association and knighted in 1956 as a Knight Bachelor . He received honorary doctorates from the University of Geneva , the University of Aberdeen and the Hebrew University of Jerusalem , as well as in 1960 for the publication of his work "The Development of International Law by the International Court" and posthumously in 1972 together with his son for their joint work as editor of "International Law Reports ”each received the“ ASIL Certificate of Merit ”from the American Society for International Law , which had made him an honorary member in 1955. The Lauterpacht Center for International Law, established in 1983 at the Law Faculty of the University of Cambridge, one of the most important research institutions in the field of international law in Great Britain, and the Chair of International Law at the Hebrew University of Jerusalem bear his name. As a professor of this chair in 1965 was Yehuda Zvi Blum appointed. In addition, an annual lecture dedicated to his memory has been held in Cambridge since the opening of the center, to which internationally renowned international law experts have been invited, including John Dugard , Ignaz Seidl-Hohenveldern , Mohamed Shahabuddeen as well as the Swedish diplomat Hans Blix and the Finnish legal scholar Martti Koskenniemi . The entire written work of Hersch Lauterpacht, which was published by his son in five volumes between 1970 and 2004, comprises 7,860 pages. A 450-page biography of his father, also written by Elihu Lauterpacht, was published as a supplementary volume in 2010, which also contains excerpts from private correspondence from Hersch Lauterpacht. His estate is kept in Trinity College, University of Cambridge.

During his lifetime or at the time of his death, Hersch Lauterpacht was regarded as one of the leading personalities of his time in the field of international law. The Austrian lawyer Alfred Verdroß-Droßberg , at that time a member of the International Law Commission and judge at the European Court of Human Rights, described him as the “greatest contemporary authority in the field of international law” after his death was announced. Due to his theoretical and practical work as a legal scholar, university professor and judge, he is still considered one of the most outstanding lawyers in the history of international law in the 20th century and, alongside the French lawyer Georges Scelle, one of the most influential international lawyers of his time. Stephen Schwebel , who became one of the most prominent students of Hersch Lauterpacht due to his own work as a professor of international law and as a judge at the International Court of Justice, described his achievements as "unsurpassed compared to any other international lawyer of the 20th century". His writings and activities are considered fundamental to the emergence of the current international legal order. In the opinion of Philip Jessup and Richard Reeve Baxter , who later also worked as judges at the ICJ, he influenced differently than his teacher Hans Kelsen, who was primarily concerned with the structure and systematics of international law, in particular its development and function. Martti Koskenniemi rated Hersch Lauterpacht's 1933 treatise "The Function of Law in the International Community" as the most important English-language book in the field of international law published in the 20th century.

Works (selection)

  • Private Law Sources and Analogies of International Law with Special Reference to Arbitration. London 1927
  • The Function of Law in the International Community. Oxford 1933; New edition: Oxford and New York 2011
  • The Development of International Law by the Permanent Court of International Justice. London 1934
  • An International Bill of the Rights of Man. New York 1945
  • Recognition in International Law. New York 1947
  • International Law and Human Rights. London 1950
  • The Development of International Law by the International Court. London 1958

Individual evidence

  1. ↑ a b c d Unless otherwise stated, the biographical information comes from the following article: Elihu Lauterpacht: Sir Hersch Lauterpacht: 1897–1960. In: European Journal of International Law. 8/1997. Oxford University Press & European Society of International Law, pp. 313-320, ISSN  0938-5428
  2. ^ A b Obituary by Hans Kelsen in: International and Comparative Law Quarterly. 10/1961. Oxford University Press, pp. 3-6, ISSN  0020-5893
  3. ↑ a b c d e f g h i j k The information on his legal, philosophical and political positions comes from the following article, unless otherwise stated: Martti Koskenniemi: Lauterpacht: The Victorian Tradition in International Law. In: European Journal of International Law. 8/1997. Oxford University Press & European Society of International Law, pp. 215-263, ISSN  0938-5428 ; later published by Martti Koskenniemi under the same title as a book chapter in: The Gentle Civilizer of Nations. The Rise and Fall of International law 1870-1960. Cambridge University Press, Cambridge 2004, ISBN 0-521-54809-8 , pp. 353-411
  4. ↑ a b c d e f g h Robert Jennings: Hersch Lauterpacht: A Personal Recollection. In: European Journal of International Law. 8/1997. Oxford University Press & European Society of International Law, pp. 301-304, ISSN  0938-5428
  5. ↑ Leo Gross. In: Johannes Feichtinger: Science between cultures: Austrian university professors in emigration 1933–1945. Campus Verlag, Frankfurt / Main 2001, ISBN 3-593-36584-7 , pp. 283-286
  6. ↑ a b c Chaim Herzog: Sir Hersch Lauterpacht: An Appraisal. In: European Journal of International Law. 8/1997. Oxford University Press & European Society of International Law, pp. 299/300, ISSN  0938-5428
  7. ↑ a b c d Martti Koskenniemi: Hersch Lauterpacht and the Development of International Criminal Law. In: Journal of International Criminal Justice. 2/2004. Oxford University Press, pp. 810-825, ISSN  1478-1387
  8. ^ Thilo Rensmann: Value system and constitution: The Basic Law in the context of cross-border constitutionalization. Series: Jus publicum. Volume 156. Mohr Siebeck, Tübingen 2007, ISBN 3-16-149106-8 , p. 72
  9. ↑ a b c Philippe Sands : My legal hero: Hersch Lauterpacht In: The Guardian . Published online November 10, 2010; based on a lecture given by Philippe Sands on October 29, 2010 at the Ukrainian Catholic University (accessed on November 19, 2010)
  10. ^ Wolfgang G. Friedmann: Sir Hersch Lauterpacht and the International Court. In: Virginia Law Review. 45 (3) / 1959. Virginia Law Review Association, pp. 407-413, ISSN  0042-6601
  11. ^ Decision of the International Court of Justice of July 6, 1957 in the case of Certain Norwegian Loans (France v. Norway). Case documents online at International Court of Justice - Certain Norwegian Loans (France v. Norway) ( Memento of the original from October 27, 2014 in the Internet Archive ) Info: The archive link has been inserted automatically and has not yet been checked. Please check the original and archive link according to the instructions and then remove this notice. (accessed on September 21, 2008). @1@ 2Template: Webachiv / IABot / www.icj-cij.org
  12. ^ Decision of the International Court of Justice of March 21, 1959 in the Interhandel case (Switzerland v. United States of America). Case documents online at International Court of Justice - Interhandel (Switzerland v. United States of America) ( Memento of the original from May 15, 2013 in the Internet Archive ) Info: The archive link has been inserted automatically and has not yet been checked. Please check the original and archive link according to the instructions and then remove this notice. (accessed on September 21, 2008). @1@ 2Template: Webachiv / IABot / www.icj-cij.org
  13. ↑ a b c d e f Iain GM Scobbie: The Theorist as Judge: Hersch Lauterpacht's Concept of the International Judicial Function. In: European Journal of International Law. 8/1997. Oxford University Press & European Society of International Law, pp. 264-298, ISSN  0938-5428
  14. ↑ a b c d e f g h Stephen M. Schwebel: Hersch Lauterpacht: Fragments for a Portrait. In: European Journal of International Law. 8/1997. Oxford University Press & European Society of International Law, pp. 305-308, ISSN  0938-5428
  15. ↑ According to his son, Hersch Lauterpacht suffered a heart attack during a colon cancer operation on May 8, 1960, which he succumbed to during the operation. Interview with Elihu Lauterpacht on March 7, 2008. Interviewer: Lesley Dingle, librarian at Squire Law Library at the University of Cambridge; Online under Professor Sir Elihu Lauterpacht - Second Interview (7 March 2008): Time in the USA (1940–1944) and career to 1962 ( Memento from January 31, 2011 in the Internet Archive ) (audio recording and transcript as PDF file, approx. 250 KB; accessed on November 10, 2008)
  16. ^ Barbara Kwiatkowska: Decisions of the World Court relevant to the UN Convention on the Law of the Sea: A Reference Guide. Kluwer Law International, The Hague 2002, ISBN 90-411-1806-3 , p. 115
  17. ↑ The Imco Opinion: A Study in Treaty Interpretation. In: Duke Law Journal. No. 2 / Vol. 1961. Duke University School of Law, pp. 288-301, ISSN  0012-7086
  18. ↑ a b c d e f Shabtai Rosenne : Sir Hersch Lauterpacht's Concept of the Task of the International Judge. In: American Journal of International Law . 55 (4 )/1961. American Society of International Law , pp. 825-862, ISSN  0002-9300
  19. ^ A b Thomas M. Franck: The United Nations' Capacity for Adapting to Radical Changes of Circumstance. The Legacy of Sir Hersch Lauterpacht. In: Recourse to Force: State Action Against Threats and Armed Attacks. Series: Hersch Lauterpacht Memorial Lectures. Volume 15. Cambridge University Press, Cambridge 2002, ISBN 0-521-82013-8 , p. 1
  20. ^ A b Renée Jeffery: Hersch Lauterpacht, the Realist Challenge and the 'Grotian Tradition' in 20th-Century International Relations. In: European Journal of International Relations. 12/2006. SAGE Publications & European Consortium for Political Research, pp. 223-250, ISSN  1354-0661
  21. ^ A b Manfred Lachs : The Teacher in International Law: Teachings and Teaching. Martinus Nijhoff Publishers, The Hague 1982, ISBN 90-247-2566-6 , pp. 112-114
  22. ↑ a b Christoph Kletzer: The golden age of security: Hersch Lauterpacht and modernism. In: Robert Walter , Clemens Jabloner, Klaus Zeleny: Hans Kelsen and international law. Volume 26 of the series of publications by the Hans Kelsen Institute. Manz'sche Verlag- und Universitätsbuchhandlung, Vienna 2005, ISBN 978-3-214-07672-6 , pp. 223–241
  23. ^ Raoul Jacobs: Mandate and trust in international law. Universitätsverlag Göttingen, Göttingen 2004, ISBN 3-930457-58-X , p. 73
  24. ↑ a b Taira Nishi: Hersch Lauterpacht As a positivist. Understood In The Context of Methodological Argument. In: Kansai University Review of Law and Politics. 29/2008. Published by the Law School of Kansai University , pp. 41-52, ISSN  0388-886X
  25. ↑ Martti Koskenniemi: From Apology to Utopia: The Structure of International Legal Argument. Cambridge University Press, Cambridge 2006, ISBN 0-521-83806-1 , p. 609
  26. ↑ See the bibliography of Hersch Lauterpacht's publications in Sir Hersch Lauterpacht: 1897–1960 , EJIL (1997) 8: 313–320, and on the website of the Lauterpacht Center at the University of Cambridge; Online at Lauterpacht Center for International Law - Bibliography of Hersch Lauterpacht's published writings ( Memento of the original dated September 11, 2007 in the Internet Archive ) Info: The archive link has been inserted automatically and has not yet been checked. Please check the original and archive link according to the instructions and then remove this notice. (accessed October 26, 2008) @1@ 2Template: Webachiv / IABot / www.lcil.cam.ac.uk
  27. ↑ a b Robert A. Friedlander: Lauterpacht, Hersch. In: Warren F. Kuehl (Ed.): Biographical Dictionary of Internationalists. Greenwood Press, Westport 1983, ISBN 0-313-22129-4 , pp. 422/423
  28. ^ A b c Martti Koskenniemi : The Function of Law in the International Community: 75 Years After. Keynote Paper of the Opening Plenary Session of the Lauterpacht Center for International Law 25th Anniversary Symposium. Cambridge, November 11-12 July 2008
  29. ^ Arnold McNair: Hersch Lauterpacht. 1807-1960. In: Proceedings of the British Academy. Volume XLVII. Oxford University Press, London 1968, pp. 871-885
  30. ^ Obituary by Richard Reeve Baxter in: International and Comparative Law Quarterly. 10/1961. Oxford University Press pp. 14-16, ISSN  0020-5893
  31. ^ University of Cambridge: Statutes and Ordinances of the University of Cambridge. Cambridge University Press, Cambridge 2004, ISBN 0-521-61171-7 , pp. 794/795
  32. ^ A b Philip C. Jessup, Richard Reeve Baxter: The Contribution of Sir Hersch Lauterpacht to the Development of International Law. In: American Journal of International Law . 55 (1) / 1961. American Society of International Law , pp. 97-103, ISSN  0002-9300
  33. ^ Brian Simpson: Hersch Lauterpacht and the Genesis of the Age of Human Rights. In: Law Quarterly Review. 120/2004. Sweet & Maxwell, pp. 49-80, ISSN  0023-933X
  34. ^ Mark W. Janis: International Courts for the Twenty-first Century. Martinus Nijhoff Publishers, Dordrecht 1992, ISBN 0-7923-1784-X , p. 129
  35. ^ Alfred William Brian Simpson: Human Rights and the End of Empire: Britain and the Genesis of the European Convention. Oxford University Press, Oxford 2001, ISBN 0-19-926789-8 , p. 206
  36. ↑ Anthony Lester: Brown v. Board of Education Overseas. In: Proceedings of the American Philosophical Society. 148 (4) / 2004. American Philosophical Society, pp. 455-463, ISSN  0003-049X
  37. ↑ Thomas D. Grant: The Recognition of States. Greenwood Publishing Group, Westport 1999, ISBN 0-275-96350-0 , pp. 121-128
  38. ^ Josef L. Kunz: Critical Remarks on Lauterpacht's "Recognition in International Law". In: American Journal of International Law . 44 (4) / 1950. American Society of International Law , pp. 713-719, ISSN  0002-9300
  39. ↑ Elihu Lauterpacht (Ed.): International Law: Disputes, War and Neutrality. Series: International Law: Being the Collected Papers of Hersch Lauterpacht. Volume 5. Cambridge University Press, Cambridge 2004, ISBN 0-521-83068-0 , p. 483
  40. ^ Peter Macalister-Smith: Bio-Bibliographical Key to the Membership of the Institut de Droit International, 1873-2001. In: Journal of the History of International Law. 5 (1) / 2003. Brill Academic Publishers, pp. 77-159, ISSN  1388-199X
  41. ↑ See list of awards and honors from ASIL; Online at The American Society of International Law: Past ASIL Award Winners and Honorees ( Memento of September 27, 2011 in the Internet Archive ) (accessed September 21, 2008)
  42. ↑ Annual Award to the Late Judge Sir Hersch Lauterpacht. In: American Journal of International Law . 54 (3) / 1960. American Society of International Law , pp. 621/622, ISSN  0002-9300
  43. ↑ See obituaries by Hans Kelsen, Arnold McNair, Maurice Bourquin, Jan Hendrik Willem Verzijl, Philip C. Jessup, Gerald Fitzmaurice, Richard Reeve Baxter and Helge Klaestad in: International and Comparative Law Quarterly. 10/1961. Oxford University Press, pp. 1-17, ISSN  0020-5893
  44. ↑ a b See the condolences of the then members of the International Law Commission in its 535th meeting on May 9, 1960: Tribute to the memory of Sir Hersch Lauterpacht. In: Yearbook of the International Law Commission. Volume I. United Nations, New York 1960, pp. 51/52
  45. ↑ James G. Apple: Leading Figures in International Law: Sir Hersch Lauterpacht (1897-1960). In: International Judicial Monitor. 1 (5) / 2006. American Society of International Law & International Judicial Academy; Online at International Judicial Monitor - Leading Figures in International Law (accessed September 21, 2008)
  46. ↑ Martti Koskenniemi: International Law as Political Theology: How To Read the Nomos der Erde? In: Constellations. An International Journal of Critical and Democratic Theory. 11 (4) / 2004. Blackwell Publishing, pp. 492-511, ISSN  1351-0487 ; Republication under the same title in: Forum historiae iuris. Article of March 31, 2006. Humboldt-Universität zu Berlin, ISSN  1860-5605 ( available online )
  47. ↑ Stephen M. Schwebel: International Arbitration: Three Salient Problems. Grotius Publications, Cambridge 1987, ISBN 0-949009-02-4 , pp. Xiii

literature

  • Arnold Duncan McNair : Hersch Lauterpacht. 1897-1960. Oxford University Press, London 1962
  • Martti Koskenniemi : Lauterpacht: The Victorian Tradition in International Law. In: The Gentle Civilizer of Nations. The Rise and Fall of International law 1870-1960. Cambridge University Press, Cambridge 2004, ISBN 0-521-54809-8 , pp. 353-411
  • Martti Koskenniemi : Hersch Lauterpacht (1897-1960). In: Jurists Uprooted. German-Speaking Emigré Lawyers in Twentieth Century Britain. Oxford University Press, Oxford and New York 2004, ISBN 978-0-19-927058-3 , pp. 601-663
  • Elihu Lauterpacht : International Law: Being the Collected Papers of Hersch Lauterpacht. Five volumes. Cambridge University Press, Cambridge 1970-2004
  • Elihu Lauterpacht : The Life of Hersch Lauterpacht. Cambridge University Press, Cambridge 2010, ISBN 1-107-00041-6
  • Iain GM Scobbie: Hersch Lauterpacht (1897-1960). In: Bardo Fassbender (Ed.), Anne Peters (Ed.): The Oxford Handbook of the History of International Law. Oxford University Press, Oxford 2012, ISBN 978-0-19-959975-2 , pp. 1179-1184
  • Anthony Carty: Hersch Lauterpacht: A Powerful Eastern European Figure in International Law. In: Lauri Mälksoo, Carin Laurin: Baltic Yearbook of International Law. Martinus Nijhoff Publishers, Leiden and Boston 2008, ISBN 90-04-15430-2 , pp. 83-111
  • Philippe Sands : return to Lviv. About the origins of genocide and crimes against humanity. Translation from the English Reinhild Böhnke . S. Fischer, Frankfurt am Main 2018, ISBN 978-3-10-397302-0

Web links

This article was added to the list of excellent articles on November 14, 2008 in this version .
personal data
SURNAME Lauterpacht, Hersch
BRIEF DESCRIPTION Austro-British legal scholar, international lawyer, judge at the International Court of Justice
DATE OF BIRTH August 16, 1897
PLACE OF BIRTH Żółkiew , Galicia (today Schowkwa, Ukraine )
DATE OF DEATH May 8, 1960
Place of death London