Lauterpacht's influential study uses models drawn from private law
for the interpretation and development of international law.
Lauterpacht expounds upon this subject with a useful discussion of
international arbitration and international tribunals, and refers
to numerous cases. Sir Hersch Lauterpacht 1897-1960], one of the
greatest scholars of modern international law, was the Whewell
Professor of International Law at Cambridge and a judge of the
International Court of Justice. The Lauterpacht Centre for
International Law at Cambridge University is named in his honor.
"Dr. Lauterpacht has made a valuable and scholarly addition to the
literature on international law. There has been a good deal of
adverse criticism-some of it quite just-on the practice of
conducting the argument of a question of international law by pure
analogies to civil law. The learned author deprecates the rejection
of this mode of reasoning, and develops the thesis that in the
great majority of cases its employment has had a beneficial
influence on the development of international law. It seems to us
that Article 38 (3) of the Statute of the Permanent Court of
International Justice, by adopting 'general principles of law
recognized by civilized states' as ancillary sources of law for use
by the Court, made Dr. Lauterpacht's view not only correct but also
inevitable. A book of this kind was bound to come sooner or later,
and it is satisfactory that it has been written by one who is an
expert." --Percy H. Winfield, Cambridge Law Journal 3 (1927-1929)
322.
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