Tuesday, September 21, 2010

close of a chapter, close of a book.

i made it to the end of probs & process and was greeted by a smile:
In this book I have suggested that international law is a process, a system of authoritative decision-making. It is not just the neutral application of rules. None of the problems explored in these lectures can be satisfactorily resolved by confident invocation of a 'correct rule'. The problem exactly is that various, quite plausible, alternative prescriptions can and have been argued for. The role of international law is to assist in choice between these various alternatives.
I hope I have demonstrated that what one suggests as the answer to each of our problems depends in large part upon how one looks at the sources of international law as they bear on the particular subject. And how one looks at the sources in turn depends very much on one's legal philosophy. There is no separating legal philosophy from substantive norms when it comes to problem-solving in particular cases.
I hope that this book has assisted in showing 'how the pieces fit together'. My experience is that these linkages are not always apparent. I would like students to understand better, for example, that immunities are really part of the topic on jurisdiction; that competence over events on vessels is part of the law of jurisdiction and not the law of the seas, notwithstanding its customary placement under the latter heading in textbooks; that recognition is relevant to immunity issues and to the problems of act of state.
It is not enough to be familiar with the current 'buzz-words' of international law. There is a contemporary trend of mindless invocations of the fashionable concepts -- self-determination, rights erga omnes, uti possidetis, etc., etc. But these are not mantras, the mere chanting of which is sufficient in itself. We have to see, rigorously, what exactly these legal concepts mean, and when they are appropriately applicable. This book has urged that we must resist treating evolving ideas as if they are all things to all men.
We must expect in the international system an endless kaleidoscope of problems. Major changes in the international system -- such as those we have witnessed in the last ten years -- will change the pattern of the problems, but not eliminate the phenomenon. International law is a process for resolving problems. And it is a great and exciting adventure.
-- Rosalyn Higgins, 1994
time to ship her back to the ocon, so she too can lie waiting in storage. fare forward, friend.

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