Weidhaas, G. Hugo

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THE INTERNATIONAL COURT OF JUSTICE. By Oliver J. Lissitzyn. New York: Carnegie Foundation for International Peace, 1951. THE POLITICAL ROLE OF THE GENERAL ASSEMBLY. By H. Field Haviland Jr. New York: Carnegie Foundation for International Peace, 1951.

University of Miami School of Law

University of Miami Law Review Volume 6 Number 1 Article 18 12-1-1951 THE INTERNATIONAL COURT OF JUSTICE. By Oliver J. Lissitzyn. New York: Carnegie Foundation for International Peace, 1951. THE POLITICAL ROLE OF THE GENERAL ASSEMBLY. By H. Field Haviland Jr. New York: Carnegie Foundation for International Peace, 1951. G. Hugo Weidhaas Follow this and additional works at: https://repository.law.miami.edu/umlr Recommended Citation G. Hugo Weidhaas, THE INTERNATIONAL COURT OF JUSTICE. By Oliver J. Lissitzyn. New York: Carnegie Foundation for International Peace, 1951. THE POLITICAL ROLE OF THE GENERAL ASSEMBLY. By H. Field Haviland Jr. New York: Carnegie Foundation for International Peace, 1951., 6 U. Miami L. Rev. 139 (1951) Available at: https://repository.law.miami.edu/umlr/vol6/iss1/18 This Book Review is brought to you for free and open access by the Journals at University of Miami School of Law Institutional Repository. It has been accepted for inclusion in University of Miami Law Review by an authorized editor of University of Miami School of Law Institutional Repository. For more information, please contact library@law.miami.edu. BOOK REVIEWSTHE INTERNATIONAL COURT OF JUSTICE. By Oliver J. Lissitzyn. New York:Carnegie Foundation for International Peace, 1951. Pp. 109. $2.75;THE POLITICAL ROLE OF THE GENERAL ASSEMBLY. By H. Field Havi-land Jr. New York: Carnegie Foundation for International Peace,1951. Pp. 180. $2.75.The Carnegie Foundation for International Peace in 1947 introduceda United Nations Studies Series, of which to date seven publications havebeen issued. The first of this series introduced was The Budget of theUnited Nations prepared jointly by the Maxwell Graduate School ofCitizenship and Public Affairs of New York University and the CarnegieEndowment. A critical and objective statement of the basic budgetaryproblems of the United Nations and its affiliated agencies was presented.The second publication, Coordination of Economic and Social Activ-ities, was prepared by Dr. Walter R. Sharp, Chairman of Government ofthe College of the City of New York. This was an analysis of key prob-lems in the evolving relationships of the organs and agencies of theUnited Nations system, with respect to economic and social matters.The United Nations Secretariat was the third book issued. A studyof the policies required to enable the United Nations Secretariat to fulfilleffectively its essential role as a major element in international organiza-tion. The fourth publication, Consultation Between the United Nationsand Non-Governmental Organizations, was a study of existing consultativearrangements and procedures with proposals for further developments inrespect to the consultative process.The fifth book written by Eduardo Jim6nez De Ar6chaga of theSchool of Law of Montevideo, Uruguay, concerned itself with voting andthe handling of disputes in the Security Council.This review covers the sixth and seventh books issued in June andJuly of this year respectively.Professor Lissitzyn emphasizes the role of international law and itsorgans in the maintenance of peace and security in his book entitledThe International Court of Justice. He discusses the first internationalTribunal' and compares it with the second international Tribunal2 whichtoday is operating under the Charter of the United Nations. The secondcourt, as was the first, is undoubtedly a more effective instrument of inter-national law than any arbitral tribunal set up to dispose of a particular1. Permanent Court of International Justice,2. International Court of Justice.MIAM! LAW QUARTERLYcontroversy. The Court's existence rests upon the agreement of mostof the states of the world.3  Its membership is stable and widely repre-sentative of the major geographical regions and legal systems of the world,and is not, for the most part, determined by the parties to a particulardispute. Its standards and traditions rest upon the cumulative integrity,wisdom and experience of the many eminent international jurists whohave sat on its predecessors.It is pointed out that the Court's function in the development ofinternational law can be exercised not only in connection with the adjudi-cation of contentious cases, but also in connection with the rendering ofadvisory opinions. 4  The Court is not formally bound by its own pre-cedents according to Article 59 of the Statute. However, the Court refersconstantly to its own previous decisions and pronouncements, and hasnever admitted that any two of its judgments or opinions have beeninconsistent. The attitude of the Court toward precedents is very similarto that of the Anglo-American courts by way of the doctrine of staredecisis, which is still widely respected, at least in theory. The Court evenwith lack of precedent keeps abreast of the international community asexemplified by its advisory opinion" holding that the United Nationsis an international person which has the capacity in international law tobring claims against states, including non-members.The Court interprets treaties, questions of its own jurisdiction andthe functions of particular international organs. The author presents someof the more important cases which have come before this tribunal, e.g.,case of claims against Palestine for the death of the United NationsMediator6 and the Corfu Channel case between United Kingdom andAlbania.Procedural aspects of the Court arc not overlooked. The Court isdesigned to be properly equipped for dealing with questions of fact aswell as of law. The impartiality of the judges sitting on the Tribunalhas been adequately covered by the Statute dealing with the election ofthe judges to the Court. The judges are elected for nine-year terms bythe General Assembly and Security Council and may be reelected.9 It isto be noted that provisions are set forth for non-participation of a judgein the decision of a case with which lie had been previously connected in3. As of February 1, 1951, the parties to the Statute included all the Membersof the United Nations, Switzerland and Lichtenstein. Between 1921 and 1942 fifty-one states became parties to the Statute of the Permanent Court but neither theUnited States nor the Soviet Union was among them.4. Article 96 of the Charter.5. ICI Reports, 1948, pp. 178, 182.6. United Nations Bulletin Vol. IX, p. 578 (1950).7. ICJ Reports, 1949, p, 35.8. Article 9 of the Statute: ... in the body as a whole the representation ofthe main forms of civilization and of the principal legal systems of the world shouldbe assured.9. Article 13 of the Statute.BOOK REVIEWSanother capacity. 10 The members of the Court sit not as representativesof particular states but as judges elected by organs of the world com-munity. The author expresses the feeling that although there has beensome partiality shown by members of the Court, this Court has beenheld in high repute by the various governments. The ideal of absoluteimpartiality is hardly ever attained even in the judicial tribunals of thebest organized modem states. It must be remembered that according tothe Statute only states may be parties in cases before the Court, Neitherindividuals nor organizations have standing before the Court.A;.. In very rare instances does the author have a criticism to make of theCourt. He, however, points out that a judgment of the Court is finaland without appeal, thus how can the Court enforce its decisions nothaving marshals or sheriffs at its disposal? In case of noncompliancewith a judgment, the Security Council "may, if it deems necessary, makerecommendations or decide upon measures to be taken to give effect tothe judgment."'2The author states that most cases which had arisen in the first Courtinvolved countries in Europe and the Middle East almost exclusively,whereas the second (present) Court has already handled one case betweentwo Latin American States' 3 and has presently before it a dispute betweenFrance and the United States.The author warns that the Court has not been fully utilized becausemany international grievances had arisen which were not brought underthe jurisdiction of the Court. The Court should be more effectively usedin the future in helping to solve some of the world problems before theyare out of control and result in all-out warfare. As far as the maintenanceof international peace is concerned, the International Court of Justice canplay only a modest role, depending on the strength of the United Nationsin the future.The book makes extremely interesting reading and is a "must" forinternational jurists.The latest in the series of United Nations Studies, The Political Roleof the General Assembly, authored by Dr. H. Field Haviland, Jr., of theDepartment of Political Science, Haverford College, gives the reader the"inside" of the functions of the General Assembly. To understand thepurpose of the United Nations it is vitally necessary that one be acquaintedwith the operation of the General Assembly. The author's first handinformation by personal observation of recent sessions of the GeneralAssembly gives us the practical aspects of this body.We are first taken back to Dumbarton Oaks and San Francisco wherethe political role of the Assembly was formulated. The General Assembly10. Article 17 of the Statute.11. Article 34(1) of the Statute.12. Article 94(2) of the Statute.13. Colombian-Peruvian Asylum case, ICI Reports, 1950, p. 266.MIAMI LAW QUARTERLYwas given the same broad powers that the League Assembly had been givenin the League of Nations. Article 10 of the Charter" provides for thispower.The author explains the "Uniting for Peace" resolution which ulti-mately gave the General Assembly the right to use armed force againstaggression. When referring to "political" in connection with UnitedNations affairs, it means those questions which are so highly charged thatthey are a potential threat to international peace. Through experience 5did the United Nations learn that it would be necessary to give powersto a body such as the General Assembly. The Assembly is the backboneof the United Nations and with its new roles should rather strengthenthan weaken the United Nations. This United Nations Series in totois a fine collection of materials presented by outstanding men in the inter-national field. It would be, however, strongly advisable that these pamph-lets and books be placed in more permanent form by being combined intoone large volume, readily accessible to the general public.G.HuGo WEIDHAAS FORMER ATTACHE OF THEFoREZcN SERVICETnE CONFLICT OF LAWS AND INTERNATIONAL CONTRACTS. Various lecturescomprising the 1949 Summer Institute on International and Com-parative Law. Ann Arbor: University of Michigan Law School, 1951.Pp. 200.The two years that have elapsed since this Institute was held havenot dulled in the slightest the lustre of these lectures. Perhaps the mostremarkable thing about this book is that in such a small compass somuch has been said. Most of the authors have said some of the thingsbefore, some have repeated them since, but in no case does this reviewerknow of a place in which they have been enunciated with such clarity,such brevity and brilliance. This volume is superior to the best of lawreview symposia because it bears the impress of group work. Though itmay have been slight, the influence of working together under fire ofpractical questions from attorneys, students and judges has left a patina,a refinement in product that is admirable. No finer tribute can be paidto this first effort to explore the "frontiers of the law" than that it hasset a level of exploration which will be hard to surpass. This volume14. The General Assembly may discuss any questions or any matters within thescope of the present Charter or relating to the powers and functions of any organsprovided for in the present Charter, and, except as provided in Article 12, may makerecommendations to the Members of the United Nations or to the Security Council orto both on any such questions or matters.15. League of Nations - League Assembly.

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THE INTERNATIONAL COURT OF JUSTICE. By Oliver J. Lissitzyn. New York: Carnegie Foundation for International Peace, 1951. THE POLITICAL ROLE OF THE GENERAL ASSEMBLY. By H. Field Haviland Jr. New York: Carnegie Foundation for International Peace, 1951.

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