Book Reviews and Notices : Lehrbuch des Voelkerrechts. By PAUL GUGGENHEIM. Lieferung 1 and 2. Basle: Verlag fuer Recht und Gesellschaft. 1947. Pp. 320. )

• Published date: 01 September 1948
• Date: 01 September 1948
• Author: Josef L. Kunz
• DOI: 10.1177/106591294800100338
• Subject Matter: Articles

343
To bring out a text in international law in these days of stress and rapid
change demands prodigious effort and some measure of courage. The au-
thor is obliged to assimilate and report the effects of an unprecedented
decade upon the law, and he must probe the legal frontiers with extreme
care.
These demands Professor Fenwick has met admirably, and the result is
a very readable, extensively documented text suitable for reference and
study alike. The essential structure of the second edition (1934) has been
preserved, but the work has been very largely rewritten. Considerable space
is accorded the United Nations’ Charter, which is analyzed both in point
of its specific provisions and also as to the changes in the legal order which
it may imply. An excellent chapter replacing the incomplete analysis of
the subject found in the previous edition is provided on the relation of inter-
national law to municipal law.
This book reflects the gropings of international law for a transforming
experience. &dquo;International law is in a state of transition,&dquo; the author de-
clares. What many jurists formerly appraised as a body of law whose only
subjects were nations now struggles to extend its application to individuals.
The recent trials of war criminals suggests a new concept of individual
responsibility to the international community. Similarly, the idea that a
nation’s treatment of its own citizens is insulated from international law
may be falling apart under the impact of the crime of &dquo;genocide&dquo; and the
General Assembly’s condemnation of South Africa for discriminatory treat-
ment of citizens of Indian descent.
It is with respect to the matter of sovereignty that the author reveals
the greatest perplexity. He declares that the United Nations can never
realize the objectives of the Charter unless the doctrine of &dquo;sovereignty&dquo;
comes to be understood &dquo;in a manner consistent with maintaining law and
order in the international community.&dquo;...