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Preface

Published online by Cambridge University Press:  05 September 2014

Campbell McLachlan
Affiliation:
Victoria University of Wellington
Campbell McLachlan
Affiliation:
Victoria University of Wellington
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Summary

[E]very international dispute is of a political character, if by that is meant that it is of importance to the State in question. Thus viewed, the proposition that some legal questions are political is an understatement of what is believed to be the true position. The State is a political institution, and all questions which affect it as a whole, in particular in its relations with other States, are therefore political . . . [but] it is equally easy to show that all international disputes are, irrespective of their gravity, disputes of a legal character in the sense that, so long as the rule of law is recognised, they are capable of an answer by the application of legal rules.

Hersch Lauterpacht, The Function of Law in the International Community (1933)

I don’t think intellectuals do very well talking about the need for the world to be democratic, or the need for human rights to be better respected worldwide. It’s not that the statement falls short of the desirable, but it contributes very little to either achieving its goal or adding to the rigour of the conversation. I think the way to defend and advance large abstractions in the generations to come will be to defend and protect institutions and law and rules and practices that incarnate our best attempt at those large abstractions.

Tony Judt, Thinking the Twentieth Century (2012)
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Chapter
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Foreign Relations Law , pp. xv - xxii
Publisher: Cambridge University Press
Print publication year: 2014

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References

Ashby v Minister of Immigration [1981] 1 NZLR 222, (1981) 85 ILR 203
Attorney General of New Zealand v Ortiz [1984] AC 1, (1982) 78 ILR 591 (CA)
Attorney General (UK) v Wellington Newspapers Ltd [1988] 1 NZLR 129 (CA)
Attorney General v Heinemann Publishers Australia Pty Ltd (1987) 10 NSWLR 86, affd (1988) 165 CLR 30
R v Bow Street Metropolitan Stipendiary Magistrate, ex p Pinochet Ugarte (No 3) [2000] 1 AC 147, (1999) 119 ILR 135 (HL)
Kuwait Airways Corp v Iraqi Airways Co (Nos 4 & 5) [2002] UKHL 19, [2002] 2 AC 883, 125 ILR 602
Thomas v Baptiste [2000] 2 AC 1, (1999) 123 ILR 508 (PC)
‘Foreign Relations Law’ in Halsbury’s Laws of England (4th edn, Parry, C & Collier, J G (eds), Butterworths, London, 1977) vol 18
Jones v Garcia del Rio (1823) T & R 297, 299, 37 ER 1113

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  • Preface
  • Campbell McLachlan, Victoria University of Wellington
  • Book: Foreign Relations Law
  • Online publication: 05 September 2014
  • Chapter DOI: https://doi.org/10.1017/CBO9781139034937.001
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  • Preface
  • Campbell McLachlan, Victoria University of Wellington
  • Book: Foreign Relations Law
  • Online publication: 05 September 2014
  • Chapter DOI: https://doi.org/10.1017/CBO9781139034937.001
Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

  • Preface
  • Campbell McLachlan, Victoria University of Wellington
  • Book: Foreign Relations Law
  • Online publication: 05 September 2014
  • Chapter DOI: https://doi.org/10.1017/CBO9781139034937.001
Available formats
×