Too often the doors to a brilliant mind remain locked to outsiders. A lack of desire to share one's range of experience or the inability to clearly and concisely articulate that experience keeps some of the most important ideas and significant knowledge hidden from public view.
Collected Writings of Sir Robert Jennings represents one of those rare moments when that door is unlocked. Sir Robert Jennings - the universally renowned scholar, professor and judge - not only is willing to share his ideas on a wide spectrum of important issues in international law but also is a master at conveying these ideas clearly, economically, and with a subtlety and precision that makes his work timeless.
This full, important collection represents the whole range of Sir Robert Jennings's intellectual concerns. Its coverage includes: - the General Course he gave at the Hague Academy in 1968, offering insight into his pedagogic style and a taste of his teaching at Cambridge and other institutions; - essays on the ICJ and the judicial function generally; - essays on jurisdictional questions, addressing numerous functional and spatial dimensions of jurisdiction; and - essays that globally evaluate international law and its evolution. As a whole, the
Collected Writings of Sir Robert Jennings offers readers a thought-provoking, inspirational picture of international law and its evolution over the critical past years. The work has a
'rare quality . . . there is no belabouring of the obvious, no over-elaboration of details which the reader can work out for himself' (Professor Georges Abi-Saab, from the Foreword). No international law library, institutional or private, should be without this fascinating volume.
Influential, but controversial - elected to the International Court in 1960, Sir Gerald Fitzmaurice served as a judge until 1973. This work comprises a thoughtful essay by Professor Merrills and a selection of Judge Fitzmaurice's opinions.
Professor Merrills' essay analyses Judge Fitzmaurice's achievements during his judical tenure and relates them to his earlier work as a legal advisor and scholar. The essay also discusses the final phase of Fitzmaurice's career in which he served as a judge on the European Court of Human Rights and arbitrator.
Demonstrating how Fitzmaurice's decisions as a judge stemmed from his distinctive view of law and the legal process, this study particularly interests scholars, practitioners, and students concerned with international adjudication and the nature of international law.
This volume is the third in the series entitled
The Judges, which examines the opinions of international judges who have made significant contributions to international law.
This comprehensive study of State failure upholds that the collapse of States in sub-Saharan Africa is a self-inflicted problem caused by the abandonment of the principle of effectiveness during decolonization. On the one hand, the abandonment of effectiveness may have facilitated the recognition of the new African States, but on the other it did lead to the creation of States that were essentially powerless: some of which became utter failures.
Written in a style both provocative and unorthodox and using convincing arguments, this study casts doubt on some of the most sacred principles of the modern doctrine of international law. It establishes that the declaratory theory of recognition cannot satisfactorily explain the continuing existence of failed States. It also demonstrates that the principled assertion of the right to self-determination as the basis for independence in Africa has turned the notion of sovereignty into a formal-legal figment without substance.
This book is a plea for more realism in international law. Pensive pessimists in the tradition of Hobbes will probably love it. Idealists in the tradition of Grotius may hate it, but they will find it very difficult to reject its conclusions.