Anton, Donald K.

Charney, Jonathan I.

O\u27Connell, Mary Ellen

English

The contributors to this topical issue examine further the themes that Henkin identified almost ten years ago. They examine international law\u27s politics, values, and functions at present and into the 21st century. We have chosen to pursue these themes through the topics most prominent in Henkin\u27s own work: foreign affairs and the constitution, theory of the international legal system, law of the sea, human rights, and regulation of the use of force.
It is our belief that international law scholars can do more to prepare for the challenges of the next century. It is time to think about the future shape of international society and how international law can best serve that society. Henkin\u27s three themes and the areas in which he has concentrated during his career serve as useful vehicles for exploring these issues. We believe that Louis Henkin would prefer no other honor than for his ideas to be used this way, especially if it inspires efforts to enhance law\u27s ability to improve the human condition. That is the aim of the editors and contributors. We hope by doing so to honor Louis Henkin in his 80th year

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Notre Dame Law SchoolNDLScholarshipJournal Articles Publications1998Introduction: Politics, Values and Functions:International Law in the 21st CenturyJonathan I. CharneyDonald K. AntonMary Ellen O'ConnellNotre Dame Law School, maryellenoconnell@nd.eduFollow this and additional works at: https://scholarship.law.nd.edu/law_faculty_scholarshipThis Article is brought to you for free and open access by the Publications at NDLScholarship. It has been accepted for inclusion in Journal Articles byan authorized administrator of NDLScholarship. For more information, please contact lawdr@nd.edu.Recommended CitationJonathan I. Charney, Donald K. Anton & Mary Ellen O'Connell, Introduction: Politics, Values and Functions: International Law in the21st Century, 36 Colum. J. Transnat'l L. 3 (1998).Available at: https://scholarship.law.nd.edu/law_faculty_scholarship/95Politics, Values and Functions:International Law in the 21st CenturyINTRODUCTIONIn the summer of 1989, some 200 students of international lawfrom around the world sat in the spacious lecture room of the HagueAcademy and listened with rapt attention to Professor Louis Henkin ofColumbia University School of Law. His blend of pragmatism andidealism captured their interests and imagination. For Henkin, inter-national law exists-governmentsuse it. Certainly they can use it morefrequently, and certainly the system can be improved. Those perspec-tives are part of his pragmatism. It is through international law,however, that we have been able to do so much to enhance the dignityof human beings, to promote peace, to share resources fairly, and to livetogether under the rule of law. We can and should look to internationallaw for these purposes. That perspective reflects his idealism.The title of his lectures, and the book containing them, summarizeswhat Henkin conveyed those summer days at the Peace Palace,International Law: Politics, Values and Functions. As he explains inthe introduction to the lectures, "Politics" in the title refers to "law aspolitics" and international law as the law of the international politicalsystem. "Values" refers to the purposes for which the international legalsystem exists, and "Functions" to international law's ability to addressthe practical needs of international life. International law is not the lawof a utopia. It is the law of a real social system. To understand inter-national law, we need to understand the system of international politicsin which it functions. International law does and should reflect andpromote values-the highest moral beliefs of international society.Finally, much of international law is also practical in content andapplication. Such functional international law promotes orderly andpeaceful international relations.The contributors to this topical issue examine further the themesthat Henkin identified almost ten years ago. They examine internationallaw's politics, values, and functions at present and into the 21st century.We have chosen to pursue these themes through the topics mostprominent in Henkin's own work: foreign affairs and the constitution,theory of the international legal system, law of the sea, human rights,and regulation of the use of force. These are the very topics that gaverise to the concepts he emphasized in The Hague. The contributorshavewritten in the context of the future of international law. The result is aCOLUMBIA JOURNAL OF TRANSNA TIONAL LAWcollection that predicts much about the near future of important aspectsof international law, as well as its structural elements.It is our belief that international law scholars can do more toprepare for the challenges of the next century. It is time to think aboutthe future shape of international society and how international law canbest serve that society. Henkin's three themes and the areas in which hehas concentrated during his career serve as useful vehicles for exploringthese issues. We believe that Louis Henkin would prefer no other honorthan for his ideas to be used this way, especially if it inspires efforts toenhance law's ability to improve the human condition. That is the aimof the editors and contributors. We hope by doing so to honor LouisHenkin in his 80th year.Jonathan I. ChameyDonald K. AntonMary Ellen O'ConnellNovember, 1997[36:3

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