Chapter

Fundamentals of International Law

Rosalyn Higgins Dbe Qc

in Themes and Theories

Published in print August 2009 | ISBN: 9780198262350
Published online March 2012 | e-ISBN: 9780191682322 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780198262350.003.0007
Fundamentals of International Law

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The fundamentals of international law refer to its essential quality and attributes — to matters that lie beneath the specific norms that it contains on particular topics. These matters concern its nature and its function. It is necessary to ask whether all norms are of equivalent weight, or whether there is a hierarchy of norms. These issues are examined through the prism of Judge Manfred Lachs’s own writings and judgments. During the twenty-six years during which Judge Lachs sat on the Bench of the International Court of Justice, he participated in some thirty-eight judgments or advisory opinions. Only twice did he dissent. He gave seven Separate Opinions and made eight Declarations. Out of this vast array of cases, some twelve or so were of particular importance for the cluster of matters that comprise the fundamentals of international law. But his contribution to the work of the Court is to be found in each and every one of the judicial decisions in which he participated, including United Nations resolutions.

Keywords: Manfred Lachs; International Court of Justice; international law; norms; function; advisory opinions; judicial decisions; resolutions

Chapter.  10032 words. 

Subjects: Public International Law

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