Problems and Process: International Law and How We Use It

Based upon the revised text of her Hague Academy lectures, Professor Higgins presents an original and thought-provoking study of the nature and processes of international law, and reveals the complex relationship between legal norms and the policy objectives which lie at the heart of this subject.

Table of Contents:
Introduction 1: The nature and function of international law 2: Sources of international law: Provenance and problems 3: Participants in the international legal system 4: Allocating competence: Jurisdiction 5: Exceptions to jurisdictional competence: Immunities from suit and enforcement 6: Responding to individual needs: Human rights 7: Self determination 8: Natural resources and international norms 9: Accountability and liability: The law of state responsibility 10: The United Nations 11: Dispute settlement and the International Court of Justice 12: The role of national courts in the international legal process 13: Oiling the wheels of international law: Equity and proportionality 14: The individual use of force in international law 15: The use of force by the United Nations

About the Author :
Rosalyn Higgins QC is also author of UN Peacekeeping 1946-1967: Documents and Commentary (OUP, vols 3 & 4 still in print, 1981)

Review :
`Authoritative ... well-argued ... it will be essential reading for academics in this field, and also a useful complementary book for students in addition to their standard texts.' The Lawyer 'In her stimulating and thought-provoking lectures Rosalyn Higgins leads the reader through a multitude of controversial issues in international law...her book is highly recommended, because it offers sharp legal analysis, insight into the interdependence of issues and a pragmatic solution to doctrinal problems. It is, therefore, a 'must' for everyone who shares the author's view that international law is "a great and exciting adventure". `Interesting treatment of the subject from a realist perspective.' A.H. Qureshi, University of Manchester `This book is an important theoretical contribution to international law. Yet it never loses sight of the role that this theory can have in providing a practical solution to extremely difficult issues such as the state responsibility or the allocation of natural resources. It is also very well written making rather difficult material accessible and interesting. This book is mandatory reading for all international lawyers.' The King's College Law Journal `It is a book that will be widely used, frequently cited, and likely to remain of interest for decades ... it is the most sophisticated and successful introduction to the general field of international law.' American Political Science Review `The English jurist, Rosalyn Higgins, long widely known and respected, has, with this book, put herself in the front rank of international law scholars of the late twentieth century ... a remarkably sustained effort, covering the most crucial and controversial international law issues of the day, while at the same time articulating, with clarity, erudition, and conceptual elegance, and important jurisprudential position that is likely to exert influence on both sides of the Atlantic ... Problems and Process succeeds brilliantly. It is a book that will be widely used, frequently cited, and likely to remain of interest for decades ... I regard it as the best available, most sophisticated, and successful introduction to the general field of international law. As such, it is a fine achievement ... a balanced and reliable accounting of the achievements and limitations of international law.' American Political Science Review `Higgins makes a distinguished contribution to the study, and perhaps ultimately, the practice of international law.' Social and Behavioral Sciences Journal `Professor Higgins' book is a beacon for international lawyers: it has a particularly uplifting effect on the reader, and its ringing affirmation of faith in international law and optimistic conviction that, as a system it must work and actually does work, is exhilarating. While cynics may criticise her unfailingly idealistic approach, even they must warm to the obvious sincerity and stimulating intelligence with which the book is written ... this book is a fitting summary of her personal views, accumulated during a most distinguished academic and practising career.' The Modern Law Review `'substantial work...Problems and Process gives a lucid account of Professor Higgins' theoretical preconceptions - a clear and thankfully jargon free explanation of the policy-science school - and the substance of the text is informed by her extensive experience as a teacher, practitioner and member of the UN Human Rights Committee...Professor Higgins presents a refreshingly truthful alternative which offers a sharp engagement with the issues it expounds by presenting technical argumentation thoroughly underpinned by an articulate account of the underlying policy justification.'' International Journal of Refugee Law `'a powerful stimulus for a fresh look at the manifold problems currently besetting the international community.'' Millennium Journal `'the book touches upon virtually all aspects of international law...introduces readers to many controversial issues of international law and suggests approaches that may facilitate finding solutions.'' The American Journal of International Law `'Higgins's primer furnishes an important and valuable contribution to the literature. It supplies a succinct, critical analysis of the ways and means that law works in the international community. The reasoning is thoughtful and probing. The text is authoritatively documented. Higgins's lucid treatment is politically perceptive, philosophically coherent, and eminently sensible. For both students and professors, her book makes for an intellectually enriching read.'' The Annals of the American Academy 'Rosalyn Higgins' new book is an important enrichment to international law teaching and thinking...the book encourages the reader to learn but also to strive for more, for his own personal answers. He gains a greater depth of understanding in many areas, especially where the "interlocking" of the different concepts is concerned. It is an ideal book for young international lawyers! In one word, it is brilliant!...The work also contains detailed analyses on notion and courts, equity and proportionality etc., which are all well worth reading and enjoying. The whole book is courageous, refreshing, outstanding. Do not miss it!' `'a welcome addition to the growing literature on the progressive development of the principles of international law...This scholarly, well-researched, thought-provoking and intellectually stimulating book. It makes an important contribution to the study of the interplay of law, history and politics in the international state system...analysis is logical, balanced and well-reasoned. I should hope that the students of international law, international relations and political science will find it a useful complement to their standard texts. It will be an asset to any law library.'' The Caribbean Law Review