Justice among Nations. A History of International Law - Stephen C. Neff

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Shadows across the Path 451

cases (Kenya and Ivory Coast), the prosecution ser vice initiated the pro-
ceedings. Both of these involved alleged atrocities associated with election-
related violence. Two situations were submitted by the UN Security Coun-
cil: Sudan in 2005, in connection with repression and insurgency in Darfur,
and Libya in 2011, concerning civil confl ict connected with the overthrow of
the Qaddafi government.
In sum, the international legal scene aft er about 1980 was a hive of activ-
ity, in marked contrast to the relatively fallow period of the previous de-
cades. With so much to do, it may be wondered whether international law-
yers had the time or inclination to ponder whether their discipline might
itself be undergoing important changes. Th ere were discussions along this
line, although they continued to be largely along the lines already mapped
out.


New Intellectual Trends


Th e writers of the interwar period gradually passed on. Kelsen retired from
teaching in the 1950s. In the 1960s, Hudson, Korovin, Lauterpacht, and
Scelle all died, while Wright, Potter, and Wellington Koo ceased to be active.
(Koo, incidentally, left a culinary as well as a juridical mark in world history,
by having the dish “cabbage Wellington” named aft er him.) Jessup retired
from the World Court in 1970. Wolfgang Friedmann died in 1972 (by gun-
fi re, as a bystander to an armed robbery incident in New York City). Th e last
major links to the interwar period were Schwarzenberger and Lasswell, who
both remained active until the mid- 1970s.
In the generation that succeeded these fi gures, there was much intellec-
tual ferment, but it continued along lines that were recognizable from the
i nter war era, and even from t he nineteent h centur y. Th e four major approaches
to international law continued to be in evidence: positivism, natural law, liber-
alism, and solidarism.
In the positivist perspective, there were no major new departures in the
post- 1980 years. But neither was there any shortage of fi rm supporters. In
Britain, Ian Brownlie continued to be a prominent fi gure in this camp, as did
Prosper Weil in France. Another notable supporter, also from France, was
Pierre- Marie Dupuy, whose lectures at the Hague Academy in 2002 presented

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