JULIUS STONE. Legal Controls of Inter.. national Conflict: A Treatise on the Dy namics of Disputes-and-War-Law. Pp. iv, 851. New York: Rinehart and Com pany, 1954. $12.00
| Author | Quincy Wright |
| DOI | 10.1177/000271625530000121 |
| Published date | 01 July 1955 |
| Date | 01 July 1955 |
| Subject Matter | Articles |
133
JULIUS
STONE.
Legal
Controls
of
Inter..
national
Conflict:
A
Treatise
on
the
Dy-
namics
of
Disputes-and-War-Law.
Pp.
iv,
851.
New
York:
Rinehart
and
Com-
pany,
1954.
$12.00.
This
improtant
book
is
about
half
de-
voted
to
problems
concerning
the
nature
of
international
law,
the
settlement
of
interna-
tional
disputes,
the
prevention
of
aggres-
sion,
the
punishment
of
war
crimes,
and
other
issues
involving
the
interpretation
of
recent
treaties
such
as
the
League
of
Na-
tions
Covenant,
the
Kellogg-Briand
Pact,
the
Nuremberg
Charter,
and
the
United
Nations
Charter.
The
other
half
sets
forth
the
traditional
law
of
war
and
neutrality.
The
author’s
main
conclusions
on
the
law
are
dealt
with
in
the
main
text
of
the
book,
leaving
to
thirty-four
&dquo;discourses,&dquo;
follow-
ing
many
of
the
chapters,
arguments
in
a
practical
spirit
on
the
more
controversial
issues.
This
procedure
gives
the
reader
the
bene-
fit
of
jural
analysis
and
practical
criticism
without
confusion
of
the
two.
Recent
international
law
had
been
marked
by
a
divergence
between
the
norms
to
which
states
have
committed
themselves
in
treaties
and
actual
international
practice.
The
gaps
may
be
closed
by
restrictive
inter-
pretation
of
these
commitments
to
har-
monize
them
with
practice,
or
by
a
more
effective
utilization
of
international
or-
ganization
to
conform
practice
to
the
norms.
In
view
of
the
indifferent
success
of
efforts
of
the
United
Nations
and
other
agencies
to
follow
the
latter
alternative
during
the
&dquo;cold
war,&dquo;
Stone
adopts
the
first
alternative
and
interprets
broad
com-
mitments
to
prevent
aggression,
punish
in-
ternational
crimes,
and
protect
human
rights
restrictively
by
reference
to
what
international
machinery
can
be
expected
to
accomplish
in
the
light
of
its
relatively
inoperable
procedures
and
the
continued
dominance
of
extreme
nationalistic
senti-
ments.
He
notes
particularly
that
the
United
Nations,
though
equipped
with
ample
powers
to
stop
aggression,
is
unable
to
exercise
these
powers
because
of
the
veto
and
the
failure
of
the
members
to
make
agreements
committing
forces
to
United
Nations
service.
As
a
result
the
states
have
substituted,
by
the
Uniting
for
Peace
Resolution
of
1950,
procedures
which
he
interprets
as
similar
to
those
of
the
system
worked
out
by
the
League
of
Na-
tions,
leaving
responsibility
to
act
against
aggression
to
the
members
individually,
and
utilizing
the
international
agencies,
in
this
case
the
General
Assembly,
not
to
compel
but
to
co-ordinate
their
efforts.
As
a
result
he
considers
it
probable
that
clear
pro-
nouncements
distinguishing
the
aggressor
and
the
defender
in
future
hostilities
will
frequently
not
be
made
and
consequently
war
in
the
traditional
sense,
in
which
the
belligerents
are
considered
equal,
will
occur
and
should
be
regulated.
The
law
of
war
and
neutrality
will
therefore
continue
to
be
important.
He
does
not
discuss,
although
he
alludes
to,
the
problem
of
the
applica-
bility
of
portions
of
the
law
of
war
even
in
case
hostilities
have
the
formal
character
of
policing
action
against
agression.
The
tone
of
the
book
is
not
optimistic
but
its
keen
analysis,
clear
insight
into
the
nature
of
the
society
of
nations,
and
care-
ful
exposition
of
the
realities
of
procedure,
not
to
mention
the
voluminous
references
to
jural
materials,
makes
it
an
outstanding
contribution
to
international
law.
The
au-
thor,
now
Challis
Professor
of
International
Law
and
Jurisprudence
at
the
University
of
Sydney,
is
well
known
for
his
important
contributions
in
the
field
of
jurisprudence
and
international
organization.
The
pres-
ent
book
will
be
widely
used
for
reference
to
which
it
is
well
adapted
since
about
a
third
of
each
page
is
devoted
to
footnotes,
and
over
a
hundred
pages
at
the
end
in-
clude
lists
of
case
citations
and
of
treaty
citations,
a
name
index,
and
a
subject
index.
QUINCY
WRIGHT
University
of
Chicago
HAROLD
NICOLSON.
The
Evolution
of
Dip-
lomatic
Method.
Pp.
93.
New
York:
The
Macmillan
Company,
1954.
$2.25.
In
this
luminous
essay,
Sir
Harold
Nicol-
son
analyzes
diplomatic
methods
from
ancient
times
to
the
present.
Under
his
polished
microscope
pass
the
methods
of
the
Greeks
and
Romans
in
ancient
times,
of
the
Italians
in
the
fifteenth
and
six-
teenth
centuries,
of
the
French
in
the
seventeenth-nineteenth
centuries,
and
of
the
luckless
Americans
in
the
twentieth.
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