PROJECT ASSIGNMENT

Is International Law a true law?

By
Rashida Talat
Rashidatalat@gmail.com

CONTENTS
INTRODUCTION...........................................................................................................................1
LAW.............................................................................................................................................1
INTERNATIONAL LAW............................................................................................................1
REPRESENTATION OF THE INTERNATIONAL LAW..............................................................2
DEFINITION...................................................................................................................................3
CLASSIFICATION BASED ON DEFINTION..............................................................................5
NATURE OF INTERNATIONAL LAW.........................................................................................5
DISCUSSION - A light on its Implication......................................................................................6
State as a Subject of International Law.......................................................................................7
SOURCES OF INTERNTAIONAL LAW......................................................................................8
Treaties.........................................................................................................................................8
Custom.........................................................................................................................................9
General Principles of Law...........................................................................................................9
Naturalists and Positivists........................................................................................................9
Judicial Decisions and Legal Scholarship.................................................................................10
Judicial Decisions..................................................................................................................10
Legal Scholarship..................................................................................................................10
THE ENFORCEMENT OF INTERNATIONAL LAW................................................................11
EFFECTIVENESS OF INTERNATIONAL LAW........................................................................12
Common Self-Interest and Necessity........................................................................................12
Flexible Nature of International Law........................................................................................12
Practitioners of International Law.............................................................................................12
WEAKNESS OF INTERNATIONAL LAW.................................................................................13
Lack of certainty........................................................................................................................13
Vital rules and Interests.............................................................................................................13
SUGGESTION..........................................................................................................................14
CONCLUSION..............................................................................................................................15
BIBLIOGRAPHY..........................................................................................................................16

INTRODUCTION
LAW
Law is that element which binds the members of the community together in the adherence to
recognized values and standards.
It is both permissive in allowing individuals to establish their own legal relations with rights and
duties, as in the creation of contracts, and coercive, as it punishes those who infringe its
regulation.
In simple terms: Law is a rule recognized, enforced and governed by State1.

INTERNATIONAL LAW
International law, as understood among civilized nations, may be defined as consisting of those
rules of conduct which reason deduces, as consonant to justice, from the nature of the society
existing among independent nations; with such definitions and modifications as may be
established by general consent (element of international law by Wheaton).
It can be regarded as laying down as established practice of international law that in the absence
of stipulation a new state takes over and becomes bound by the liabilities of its predecessor.
In simple terms: International law regulates the relations between states or countries1.
If international law were to be boiled down to two keywords, we would be left with consent and
sovereignty. Under this system, states are free to act as they wish in domestic matters and pursue
their interests internationally. Limits on sovereignty must be consented to by states when signing
treaties or joining international legal conventions; however, this consent can always be rescinded
and there are few if any mechanisms in existence that can compel a state to act or keep an
obligation.

1 Dr. V. Balakista Reddy, Introduction to International Law (course material).

REPRESENTATION OF THE INTERNATIONAL LAW

The other terms representing the International Law are:
The expression International Law and Law of Nations are synonymous and are
equivalent terms, literally defined as the law which regulate the behavior of nations or
states.
Public International law is usually distinguished from "private international law", which
concerns the resolution of conflict of laws. In its most general sense, international law
"consists of rules and principles of general application dealing with the conduct of states
and of intergovernmental organizations and with their relations between or amongst
themselves, as well as with some of their relations with persons, whether natural or
juridical."2
In general, Conflict of laws or Private international law concerns relations across
different legal jurisdictions between persons, and sometimes also companies,
corporations and other legal entities3,4
Inter-state Law also called the International Law, which provides a system of Rules
governing the conduct of inter-state relations.
Trans-national Law as International law by Philip Jessup.
I shall use, instead of international law, the term transnational law to
include all law which regulates actions or events that transcend national
frontiers. Both public and private international laws are included, as are
other rules which do not wholly fit into such standard categories.5
PHILIP JESSUP, TRANSNATIONAL LAW
2 Columbia Law School, McKeever, 2003 Definition of International Law

3 Janet Forsyth, Careers Adviser, Careers Service, University of Edinburgh (made available by the University of
Nottingham)

4 Legal Brief (sponsored by DLA Piper): International opportunities in law.

DEFINITION

Professor Charles Cheney6 defines international law as, That body of law which is composed
for its greater part of the principles and rules of conduct which states feel themselves bound
to observe, an therefore, do commonly observe in their relations with each other

The rules of law relating to the functioning of international institutions or

organisations their relations with each other, and their relations with states and
individuals and
Certain rules of law relating to individuals and non-state entities so far as the rights
or duties of such individuals and non-state entities are the concern of the international
community7.

While According to Oppenheim8 international law is Law of Nation or International Law is

the name for the body of customary and conventional rules which are considered legally

binding by civilized states in their relation with each other.

J.L. Brierlys9 definition is as International Law may be defined as the body of rules and the
principles of actions, which are binding upon civilized states in their relation with the one

another.
By Austins10 broadest definition, law is a rule laid down for the guidance of an intelligent
being by an intelligent being having power over him. Laws, as they are usually conceived,

5 http://www.germanlawjournal.com/pdfs/Vol10No07/PDF_Vol_10_No_07_SI_859-876_Scott.pdf

6 PIL - Starke The material sources of international law

7 I.A. Shearer, Starkes International Law 3 (1st ed. 2010).
8 http://www.preservearticles.com/
9 J.L. Brierly & Humphrey Waldock (Ed), The Law of Nations (1963)
10 Austin, John. The Province of Jurisprudence: Determinated by John Austin. Aldershot:
Dartmouth, 1998. Pg. 10

5
are established by political superiors and imposed on those over whom the superior has the
authority to enforce them.
In these situations, the superior creates a command through his/her willingness to harm a
violator in the case of noncompliance. Without this credible threat, a law is not a
command, but merely an articulation of a wish or desire. Since states are all independent,
equal players on the international stage without any higher power governing their actions,
there exists no political superior to posit or enforce international law. As this is the case,
international law falls into the category of law not established by political superiors that
Austin describes as mere opinion rather than law. These constitute the combined
opinions of how those in the international community would like to see the world
governed.
J.L. Brierly says that consent cannot of itself create an obligation; it can do so only within a
system of law which declares that consent duly given, as in a treaty or a contract, shall be
binding on the party consenting.11 Therefore, there is a theoretical hole in this positivist
concept of obligation despite its simplicity, popularity and intuitive plausibility. It cannot
explain why international law is binding as law.
Brierly opined that international law had its genesis from the European nations who were
conscious of their common Christian background and common history from the Roman
and Greek civilisations. Brierly was against the school of thought that said that
international law is a branch of ethics and not a law. He was of the opinion that if it were
simply international morals than what the other moral are and ethics used in the conduct
of relations between states.
An example of this would be the non-binding nature of international comity, which
comprises of the act saluting the flags if other countries warships while at sea 7. These are
not binding obligations, no sanctions will be imposed if these codes of morality or ethics
are violated, and they are performed out of mere courtesy.
C.G. Fenwick defines International Law as the body of general principles and specific
rules which are binding upon the members of international community in their mutual
relations.

11 J.L. Brierly & Humphrey Waldock (Ed), The Law of Nations (1963)

Schwarzenberger has defined International Law as the body of legal rules which apply
between sovereign states and such other entities as have been granted international
personality.

CLASSIFICATION BASED ON DEFINTION

From the above definitions of International Law, defined by famous scholars, it is now clear
that there are two different views, namely, Traditionalist View and Modernist View12.
Traditional View International Law regulates the relations between or among states or
states alone are the subjects of International Law.
The scholars with such this opinion are namely, Oppenheim, J.L. Brierly etc.
Modernist View International Law not only regulates the behavior of states, but also
regulates the conduct of International Organization, Individuals and non-state entities to
certain extent.
The scholars with such this opinion are namely, J.G. Starke, C.G. Fenwick, Whitman etc.

NATURE OF INTERNATIONAL LAW

There are two views on the subject13:
(1) International Law is not a true law
Austins opinion:
(a) International Law is Vanishing point of Jurisprudence:
12 Dr. V. Balakista Reddy, Introduction to International Law (course material).
13 Dr. V. Balakista Reddy, Introduction to International Law.

7
(b) International Law is a positive morality,
Supporters: John Austin, Hobbes, Holland, Bentham, etc.
(2) International Law is a True Law.
Luis Henkins opinion:
Almost all nations observe almost all principals of International Law almost all their obligations
almost all the times.
(a) Objective of any law is implementation
(b) Means & Methods are not so important.
Supporters: Oppenheim, Brierly, J.G. Starke, Kelson, Hart, etc.

DISCUSSION - A light on its Implication.

As one can see from perusal of these definitions, all of them employ the term binding or
bound. Hence it can be clear that these scholars intended for international law to be hard
and binding on the international community. Therefore, that principle has not held firm
against the tides of politics and the might of the superpowers.
International law is practiced on a daily basis in the Foreign Offices, national courts and
other governmental organs of states, as well as in international organizations such as the
United Nations and the Organisation of American States. Foreign Offices have legal
departments whose task is to advise on questions of international law and to assist in the
drafting of international agreements and the like.
It is a fact of the utmost significance that states still the most important of the subjects of
international law do not claim that they are above the law or that international law does not
bind them. When Iraq invaded Kuwait it did not claim that the law prohibiting armed force
did not apply to it or was irrelevant. Rather, Iraq argued that international law justified its
action; In other words, that it was legal by reference to some other rule of international law.
Likewise, in the Case Concerning the Application of the Convention on the Prevention and
Punishment of the Crime of Genocide (Bosnia and Herzegovina v Serbia & Montenegro)
(ICJ 2007)14, Serbia did not deny the existence of rules of law concerning genocide 15, but

14 http://www.icj-cij.org/docket/files/91/13685.pdf

8
contended rather that it was not internationally responsible for the violations of international
law that had taken place.
In fact there is no modern day example of a state claiming that it is not bound by general
rules of international law, although there is often a great deal of debate as to the precise
obligations imposed by that law (as in the Bosnia Serbia Genocide Case where there was
argument over the precise obligations imposed by the Genocide Convention).
This is powerful evidence that states follow rules of international law as a matter of
obligation, not simply as a matter of choice or morality. If this were not so, there would be no
need for states to justify their action in legal terms when they departed from a legal norm.
Public international law (or international public law) concerns the relationships between
sovereign nations. International law consists of rules and principles which govern the
relations and dealings of nations with each other. It is developed mainly through multilateral
conventions. Its modern corpus started to be developed in the middle of the 19th Century.
International law is divided into conflict of laws (or private international law) and public
international law (usually just termed as international law). The former deals, with those
cases in which foreign elements obtrude, were raising questions as to the application of

foreign law or the role of foreign courts.

For example, if two Englishmen make a contract in France to sell goods situated in Paris,
an English court would apply French law as regards validity of that contract. By contrast,
public international law is not simply an adjunct of a legal order, but a separate system
altogether.

State as a Subject of International Law

States play the central and undisputed leading role in the creation of international law 16.

However, the determination of whether an entity is actually a State can present a challenge.
The generally agreed upon criteria for statehood are:

Possesses a defined territory.

Inhabited by permanent population.

15Under the Genocide Convention adopted by the United Nations General Assembly on 9 Dec
1948, and which entered into force on 12 January 1951.
16 D'Amato, A., The Concept of Custom in International Law (Cornell University Press: Ithaca,
New York, 1971)

Controlled by an independent government.

Engages in formal relations with other states.

Issue in statehood that has been highly controversial for many years is the recognition of the
State of Palestine. In such an instance this region is internationally recognized by many states
(de jure), however controls little to no portion of their claimed territory (de facto).
State representation, where more than one government tries to represent a single state, is also
an important consideration.
For example, even though the Taliban religious movement effectively controlled
Afghanistan prior to the U.S. invasion in 2001, Afghanistan was represented in the
UN by the government that had been deposed by the Taliban, but still claimed to be
the countrys legitimate rulers17.

SOURCES OF INTERNTAIONAL LAW

The generally recognized authoritative statement on the sources of international law is the
Statute of the International Court of Justice (ICJ)18, Article 38, which specifies that the Court,
in deciding disputes, shall apply:
International conventions, whether general or particular, establishing rules expressly

recognized by the contesting states;

International custom, as evidence of a general practice accepted as law;
The general principles of law recognized by civilized nations;
Subject to the provisions of Article 5919, judicial decisions and the teachings of the most
highly qualified publicists of the various nations, as subsidiary means for the

determination of rules of law.

The first three of these--treaties, custom, and principles of law--are sometimes referred to by
lawyers and librarians with a common law background as "primary sources" of international
law.
The last two--judicial decisions and the teachings of publicists--are sometimes referred to as
"secondary sources" or evidence of international law rules.

17 http://www.economist.com/node/903168
18 http://www.icj-cij.org
19 http://www.icj-cij.org/documents/?p1=4&p2=2

10

Treaties

Treaties are similar to contracts between countries; promises between States are exchanged,
finalized in writing, and signed. States may debate the interpretation or implementation of a

treaty, but the written provisions of a treaty are binding.

They can be either bilateral (between two countries) or multilateral (between many
countries). They can have their own rules for enforcement, such as arbitration, or refer

enforcement concerns to another agency, such as the International Court of Justice.

The rules concerning how to decide disputes relating to treaties are even found in a treaty
themselvesthe Vienna Convention on the Law of Treaties20 (United Nations, 1969).

Custom

Customary international law (CIL) is more difficult to ascertain than the provisions of a
written treaty. CIL is created by the actual actions of states (called state practice) when they
demonstrate that those states believe that acting otherwise would be illegal. Even if the rule

of CIL is not written down, it still binds states, requiring them to follow it.
For example, for thousands of years, countries have given protection to ambassadors. As far
back as ancient Greece and Rome, ambassadors from another country were not harmed while
on their diplomatic missions, even if they represented a country at war with the country they
were located in. Throughout history, many countries have publicly stated that they believe
that ambassadors should be given this protection. Therefore, today, if a country harmed an
ambassador it would be violating customary international law.

General Principles of Law

The third source of international law is based on the theory of natural law, which argues that
laws are a reflection of the instinctual belief that some acts are right while other acts are wrong.
The general principles of law recognized by civilized nations are certain legal beliefs and
practices that are common to all developed legal systems (United Nations, 1945)21.
20

https://treaties.un.org/doc/Publication/UNTS/Volume%201155/volume-1155-I-18232-

English.pdf
21 DUKE LAW JOURNAL [Vol. 1983:876]

11

Naturalists and Positivists:

As international law developed after Hugo Grotius, (the father of international law) two
distinct schools of the law of nations arose.
One was the naturalists, who believed that international law was completely identifiable

with the law of nature.

On the other hand, there were the positivists, who were of the view that international law
and natural law were completely distinct entities. The positivists leaned towards current
state practices and dilemmas of a more practical nature.

Heinrich Triepel (1868-1946) has given a modern spin to positivism by saying that
international law must lie in the will of all of the states involved. He laid down that once a
(TRA) law had been made implicitly (customs) or explicitly (treaties) by the countries, it
could not be unilaterally revoked by any of the parties22.
While the naturalist Samuel von Pufendorf declined to subscribe to the idea that an
agreement between sovereigns could constitute positive law. According to Pufendorf
international law was simply the natural law of states23

Judicial Decisions and Legal Scholarship

These two sources of international law are considered subsidiary means for the
determination of rules of law. While these sources are not by themselves international law,
when coupled with evidence of international custom or general principles of law, they may
help to prove the existence of a particular rule of international law.

22 The Persistent Spectre: Natural Law, International Order and limits of legal positivism
23 Samuel von Pufendorf, An Introduction to the History of the Principal Kingdoms and States
of Europe [1695].

12

Judicial Decisions
The Judicial decisions24 of international courts and tribunals, as well as those of municipal
courts may play a "subsidiary" role in helping to determine rules of international law.

Legal Scholarship
Legal scholarship25, on the other hand, is not really authoritative in it, but may describe rules
of law that are widely followed around the world. Thus, articles and books by law professors
can be consulted to find out what international law is.

THE ENFORCEMENT OF INTERNATIONAL LAW

One of the most frequent arguments used against international law is that it is not true law
because it is not generally enforceable.
This raises two issues:
1. First, as a matter of principle, does the existence of any system of law depend on the
chances of effective enforcement?
2. Secondly, is it true that international law is not enforceable or effective?
EXAMPLE: In national legal systems, it is assumed that the law will be enforced. If someone
steals, provided they are caught, they will be punished. In international law this may not be the
case.
Case: No formal enforcement action taken against the USA after its illegal invasion of
Grenada and no formal condemnation of Israel for invading Lebanon 26 in 2006. We might
even suggest that on those occasions when the United Nations has acted (e.g. against Iraq
24 http://www.judicialmonitor.org/
25 http://www.esil-sedi.eu/node/463

13
after its invasion of Kuwait27), it is more in the way of keeping or restoring the peace than of
enforcing the law.
It may be that the assumed certainty of enforcement of national law masks its true basis and,
in the same way, enforcement may be irrelevant to the binding quality of international law.
Oppenheim, Brierly and Starke were of the opinion that international law is a law due to the
fact that it could be implemented or enforced. On the other hand, scholars like Thomas
Hobbes, and Jeremy Bentham are of the opinion that seeing that International law is not
binding or enforceable, it is not a law in the true sense.
The fact of enforcement may be a reason why individuals obey the law (and that is not
certain), but it is not the reason why it is actually law.
In international law, then, the fact that rules come into being in the manner accepted and
recognised by states as authoritative is enough to ensure that law exists. Less effective
enforcement procedures may encourage states to flout the law more frequently than the
individual does in national legal systems (although this is arguable), but that is a question
about motives for compliance with law, not about its quality as law.

EFFECTIVENESS OF INTERNATIONAL LAW

The great majority of the rules of international law are followed consistently every day as a
matter of course. The following are some of the reasons of why international law does work.

Common Self-Interest and Necessity

Today, international society is more interdependent than ever and the volume of inter-state
activity continues to grow. International law is needed in order to ensure a stable and orderly
international society. It is in every states interest to abide by the rules of international law,
for they lay down orderly and predictable principles for the conduct of international relations
and international commerce.
For example, it is vital that the allocation of the scarce resources of the high seas and
ocean floor is achieved smoothly and equitably and it is only through rules of
international law binding on all states that this can be achieved.
26 http://www.jgu.edu.in/joss/pdf/Session-2-2.pdf
27 en.wikipedia.org/wiki/Invasion_of_Kuwait

14

Flexible Nature of International Law

International law is not an adversarial system of law. As we see when considering the
sources of international law, many of its rules have evolved from the practice of states and
often these do not stipulate rigid obligations or confer overriding legal rights.
Indeed, in some circumstances, the substance of a rule may be unclear, as was the case with
the law on the breadth of the territorial sea until the deliberations of the Third UN
Conference on the Law of the Sea28. It is a fact of the system that in many areas it may not be
possible to achieve a clear and unambiguous statement of a states legal position. This is the
flexible nature of international law.

Practitioners of International Law

International law operates hand in glove with international politics and diplomacy. Its most
potent field of operations is, in fact, in the Foreign Offices and legal departments of the worlds
governments and in International Organisations. Judge of the ICJ 29 or national court, a legal
adviser at the UN or a government official, along with the army of legal advisers available to
non-governmental organisations, are the actual practitioners of International Law.

WEAKNESS OF INTERNATIONAL LAW

It would be a mistake to conclude that international law is a perfect system. There is much
that could be reformed and enhanced. However, as a practical matter, the development of
international law can be achieved only by states themselves.
The United Nations, other international organisations and the International Law Commission
may propose substantive changes in the law or changes in procedure, but the development of
the system depends ultimately on the political will of sovereign states.
This is not to underestimate the role that non-governmental organisations play in pushing for
reform, but in the final analysis it is only states that can enter into effective multilateral
treaties concerning questions of global significance and only states whose practice can
influence the speedy development of customary rules of international law.
28 http://legal.un.org/diplomaticconferences/lawofthesea-1982/vol_I_e.html
29 www.icj-cij.org

15

Lack of certainty
The disadvantage of a system of flexible and open-ended rules is a lack of certainty. It sometimes
seems that many of the disputes between states occur precisely because the rule of international
law governing their conduct is not clear, rather than that one state is deliberately behaving
illegally.
For example, disputes generated by trans-boundary pollution (e.g. the Chernobyl
incident) are only made worse by the lack of clear rules defining the ambit of state
responsibility for apparently lawful acts.

Vital rules and Interests

Every system of law contains rules prohibiting certain conduct which, if unchecked, would
destroy the society regulated by that system. In national legal systems there are rules prohibiting
murder and other forms of violence, and in international law.
International law has had a poor record in this regard and many of the infamous incidents
referred to earlier involve the use of force by one state against another.
Dealing with the consequences of a violation of these rules is often too late, as the
peoples of Kuwait, Bosnia, Iraq, The Sudan and Syria will bear witness.

It is true of all legal systems that the vital interests of its subjects may prevail over the
dictates of the law. Sometimes this is recognised by the legal system itself, as with the
law of self-defence and necessity in international law, but usually it is not. International
law is no different from national law in this respect and it is unrealistic to expect perfect
obedience.
However, it may be that because international law lacks formal enforcement machinery,
the temptation and opportunity to violate the law is greater than in other systems. In this
sense, international law is weaker than the Domestic law.

16

EXAMPLE: With the invasions of Afghanistan, Iraq and Lebanon, the use of the veto to
prevent the Security Council acting in respect of Syria in 2012 30 and the Israeli violation
of Argentinians sovereignty in seizing the war criminal31, Adolf Eichmann, in 1960.

SUGGESTION

One view of international law is that its first task should be to ensure that the

international community runs on orderly and predictable lines. In this it largely succeeds.
The absence of a compulsory court structure means that some disputes may persist for
decades to the detriment of all concerned, as with Argentina and the UK over the

Falkland Islands32, and India and Pakistan over Jammu-Kashmir33.

Hence, the creation of the International Criminal Court is a good example of when this
succeeds, but we still wait for effective international rules on such matters as climate
change and the protection of ethnic minorities in existing states.

30 Textbook on International Law by Martin Dixon.

31 http://www.un.org/News/Press/docs/2013/sc11135.doc.htm
32 http://www.independent.co.uk/news/world/politics(UN committee backs Argentina over
Falkland Islands)
33 en.wikipedia.org/wiki/Kashmir_conflict

17

CONCLUSION
It may be concluded that at present, World is, in reality, regarded as an international
community. John Austin regarded International Law as a positive morality in the 19th
century, when international community lacked legislation, a court, sanctioning powers and
enforcement machinery. And in view of all these if he concluded that International Law is not
a true law, perhaps he was not wrong. But presently, international legislation has come into
existence as a result of multinational treaties and conventions. These include the recognition
that certain rules have the character of jus cogens, which reduces the area for the operation of
purely consensual rules, and establishes that within general body of rules of the International
Law there exists superior legal rules, with which rules of a lower order must be compatible.
Security Council of the United Nations is empowered to take measures to enforce the
decisions of the Court, if the aggrieved party seeks the help of the Council.
Further, international community has a Court (International Court of Justice), whose
decisions are binding upon the parties to a case.
If a party falls to perform its obligations incumbent upon it under a judgment rendered by the
Court.
Practice of states suggests that they consider themselves bound by such rules. If rules are
violated by a State, sanctions may be applied against it not only by the aggrieved State itself
but collectively by the United Nations Organization (UNO) as well.
Existence of International legislation, a Court, sanctioning authority and the enforcement
machinery are the developments of the present century.
Personally, I agree with the view of John Austin. But, the Statement of International Law is
a true law is evident even if Austins definition is accepted. In the light of these
developments, perhaps one would not hesitate to call International Law as a true law even if
Austins definition of law is accepted.

18

BIBLIOGRAPHY
1. Dr. V. Balakista Reddy, Introduction to International Law.
2. Oppenheim, International Law, Vol. 1, Eight Edition (1995).
3. Austin, John. The Province of Jurisprudence: Determinated by John Austin. Aldershot:
Dartmouth, 1998.
4. United Nations. (1945, June 26). Statute of the International Court of Justice. Retrieved:
from: http://www.icj-cij.org/documents/index.php?p1=4&p2=2&p3=0
5. Megret, Frederic, Globalization and International Law (August 4, 2008). MAX PLANCK
ENCYCLOPEDIA OF INTERNATIONAL LAW, Oxford University Press, 2009. Pg. 6
6. J.L. Brierly, The Outlook for International Law 5 (1944).
7. Stephen Hall, The Persistent Spectre: Natural Law, International Order and the limits of
legal positivism, European Journal of International Law.
From : http://www.ejil.org/pdfs/12/2/1518.pdf
8. Anthony DAmato, Is International Law Really Law?, Northwestern University School
of Law Scholarly Commons.
http://scholarlycommons.law.northwestern.edu/cgi/viewcontent.cgi?
article=1102&context=facultyworkingpapers
9. L. Oppenheim, International Law 177-79 (H. Lauterpacht 7th ed. 1952).