The South-West Africa Judgment: A Study in Justiciability

According to Brierly, an international dispute is justiciable if it is susceptible of decision by the application, in an arbitral or judicial process, of rules of law. It is widely believed that the number of disputes between states to which the judicial process can be applied is extremely limited. The individualistic basis of international jurisdiction and the prevalent political tensions contribute to a limited view of the possibilities of international adjudication. Yet there is a constant need to develop measures of peaceful settlement, and the recent judgment of the International Court of Justice in the South-West Africa cases has dramatically demonstrated how important the concept of justiciability is in this search for international justice under law

Book Review

EXPERIMENTAL JURISPRUDENCE AND THE SCIENSTATE. By Frederick K. Beutel. Bielefeld, West Germany: Gieseking, 1975. Pp. 404. Cloth, $34.00; Paperback,$29.00

Liberalism and Judicial Authority

In Dworkin\u27s Rights Thesis, the. ideal judge who decides a hard case must determine whether the asserted right exists under the Constitution. The author criticizes this thesis by first contrasting it with an alternative model of adjudication in which the weighing of competing interests is decisive. He then demonstrates that no model is adequate to cover the complexity of hard cases. The hard case requires the exercise of judgment. The individual Justice makes a judgment based upon all the relevant factors which must be addressed in order to carry out the administration of justice. The content of the judgment cannot be determined in advance. It is indeterminate, yet has a moral quality and is not arbitrary

Indochina: Some Lingering Issues of Law and Policy

One consequence of the winding down of the Vietnam War has been a lessening of interest in the legal issues raised by the conflict. But there are some recent reminders of the relevance of law to this great tragedy. The decision of the Supreme Court in Gillette v. United States dramatically illustrates how the human conscience remains tortured by the war. Within Indochina, two major military operations: the Cambodian incursion, and the movement of troops into Laos, have posed new questions of law and policy for international lawyers