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Hersch Lauterpacht helped codify the law of treaties

As a member of the UN International Law Commission in the early 1950s, Hersch Lauterpacht served as its special rapporteur on the law of treaties.

Person
Hersch Lauterpacht
Lived
1897–1960
Field
International law
From
British (born in Austrian Galicia)

The story

The United Nations International Law Commission was created to develop and codify international law, turning customs and scattered precedents into clear written rules that states could adopt. Hersch Lauterpacht, Whewell Professor of International Law at Cambridge and editor of the leading treatise on the subject, served as a member in the early 1950s, until his election to the International Court of Justice.

During his time on the commission he served as its general rapporteur and as special rapporteur on the law of treaties, the rules governing agreements between states. The subject suited his convictions. He believed that treaties between nations are like contracts between individuals, binding on those who sign them, and that the same moral and legal principles apply to the conduct of states as to individuals.

The commission's work on treaties took some twenty years. Lauterpacht was one of four special rapporteurs, with James Brierly, Gerald Fitzmaurice and Humphrey Waldock, who prepared successive drafts and commentaries. The result was the Vienna Convention on the Law of Treaties, adopted on 22 May 1969 and in force since 1980, which has been ratified by well over a hundred states.

The commission was one of many roles in which Lauterpacht put his scholarship at the service of public institutions. Early in the Second World War, before the United States entered the fighting, he provided the US Attorney General with legal arguments to justify qualifying American neutrality in Britain's favour, which helped armaments reach Britain. He sat on the British War Crimes Executive in 1945 and 1946, was a member of the British delegation in the Corfu Channel case of 1948 and the Anglo-Iranian Oil Company case of 1951 at the International Court of Justice, and at the British government's request revised part of the War Office manual on the law of war on land. Many governments consulted him.

From 1955 until his death in 1960 he served as a judge of the International Court of Justice. There, in a case about the guardianship of a child, he held that an agreement between two states cannot be altered by a domestic law passed by one of them, a principle at the heart of the law of treaties.

Why it matters

Lauterpacht's work on the commission helped lay foundations for the Vienna Convention, the codified rules that today govern agreements between nations.

About Hersch Lauterpacht

Galician-born Cambridge jurist who put the individual at the heart of international law, helped bring “crimes against humanity” to Nuremberg, and sat on the World Court.

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Hersch Lauterpacht
1897–1960 · International law
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Sources

Another act of tikkun olam. This is part of tikkun olam, the Jewish idea of repairing the world, and every one of us can add to it.

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