Vandenbosch, Amry

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University of Kentucky

Kentucky Law JournalVolume 37 | Issue 1 Article 171948A Modern Law of Nations--An Introduction byPhilip C. JessupAmry VandenboschUniversity of KentuckyFollow this and additional works at: https://uknowledge.uky.edu/kljRight click to open a feedback form in a new tab to let us know how this document benefitsyou.This Book Review is brought to you for free and open access by the Law Journals at UKnowledge. It has been accepted for inclusion in Kentucky LawJournal by an authorized editor of UKnowledge. For more information, please contact UKnowledge@lsv.uky.edu.Recommended CitationVandenbosch, Amry (1948) "A Modern Law of Nations--An Introduction by Philip C. Jessup," Kentucky Law Journal: Vol. 37 : Iss. 1 ,Article 17.Available at: https://uknowledge.uky.edu/klj/vol37/iss1/17Boo: IEvmwsand as well worked out. There are duplications of material. Caseslike the Bagely case, Fairfield Steamship Corporation case and theDobson case appear time and time again. The principles they standfor are studied from many angles (pp. 365, 387, 531).As might be expected, some of the articles are not all one mightwish. In reading some of them, one is reminded of the definition ofan expert as an ordinary man away from home, and he may beinclined to believe it applies to some of the so-called tax experts.The publishers are to be commended for their part in makingthis volume a valuable addition to any lawyer's library. There areremarkably few typographical errors for a book of twelve hundredpages. A lawyer called upon to aid his client in making out a taxreturn-and what lawyer is not so called upon-will find in thelectures many helpful suggestions for keeping down tax costs.W LEwis ROBERTSUniversity of KentuckyCollege of LawA MODERN LAW or NATIONS-AN INTRODUCTION. By Philip C.Jessup. The MacMillan Company- New York. 1948. Pp. X, 236. $4.00.The author of tls stimulating book is Hamilton Fish, Professorof International Law at Columbia University, and now the deputyrepresentative of the United States on the Security Council of theUnited Nations. A wide practical experience in the field of inter-national law has contributed to making this an intensely vital book.Professor Jessup is convinced that the time has arrived for asystematic re-examination of the traditional body of internationallaw. In this book he leads off with a critical re-examination of a fewprinciples and rules of the law of nations. As bases of a revisedinternational legal order he singles out two points: 1) "that inter-national law, like national law, must be directly applicable to theindividual," and not to states alone, and 2) "that there must bebasic recognition of the interest which the whole internationalsociety has in the observance of its law."With these fundamental principles to guide him he examinesthe following aspects of international law- the subjects of a modernlaw of nations recognition, nationality and the rights of man,responsibility of states for injuries to individuals, the law of con-tractual agreements, the legal regulation of the use of force, andthe rights and duties in case of illegal use of force. As a result ofthis examination he concludes that a number of traditional rulesof international law are changing, need revision or have alreadyundergone modification. He holds, for example, that the traditionalKENTUcKY LAW JOURNALpractice of unilateral recognition of a new state is inconsistent withthe concept of community interest. He suggests that recognition bemade collectively through the United Nations. So he proceeds fromsubject to subject, discussing the problems involved, and frequentlymaking pointed suggestions for the revision of traditional rules soas to bring international law abreast of the facts and needs ofmodern international relations.Professor Jessup's two fundamental propositions cut deep whenapplied to certain subjects, but as a practical international lawyerhe hesitates to press all the logical implications of his basic position."If the individual himself has rights," he states, "he has them inhis own capacity and not derivatively through the state of whichhe is a national." Yet out of this there comes only the right to anationality, the right of expatriation, the right of emigration (if theindividual can find a country which will admit him) and a suggestionthat an international Bill of Rights be drafted.The author modestly calls this study an introduction. It doesnot claim to be an exhaustive or comprehensive examination of theproblem of developing an adequate international law In the presentstage of the law of nations this study is a real contribution andstudents of international law will profit greatly from a carefulperusal of it.AMRY VANDENBOSCHDepartment of Political ScienceUniversity of KentuckyFEDERAL TAXES-ESTATES, TRUSTS AND GIFTS, 1947-48. By RobertH. Montgomery and James 0. Wynn. Pp. ix, 1050. The Ronald PressCompany, New York.The 1947-48 edition of "Montgomery's Federal Taxes-Estates,Trusts and Gifts" is again the joint product of Robert H. Montgomeryof Lybrand, Ross Bros. and Montgomery, and of James 0. Wynn,member of the New York and District of Columbia Bars. This annualvolume, therefore, continues to have the advantages which may bederived from intelligent cooperation by lawyers and accountants inthe technical field of Estate Planning.The current edition has the same structure as previous editions:Part I, "Methods of Estate Distribution" (36 pp.), offers a conciseanalysis of problems encountered in the field of Estate Planningwith helpful statistical tables illustrating the relative burden ofIncome, Estate and Gift taxes. Parts II, III and IV give compre-hensive coverage, respectively, of "The Income Tax on Decedents,Estates and Trusts" (363 pp.) "The Estate Tax" (427 pp.) and"The Gift Tax" (136 pp.)

A Modern Law of Nations--An Introduction by Philip C. Jessup

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A Modern Law of Nations--An Introduction by Philip C. Jessup

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