Abstract
In his book, The Development of International Law by the International Court of Justice, Lauterpacht raised a fundamental question regarding the proper place of judicial interpretation and analysis in international adjudication. He considered a number of techniques applied by the Court in its proceedings, making a special effort to reconcile broad interpretative practices with solid international legal process. His primary concern was with the development of the law and he was at pains to show that such development by the Court is fully within the Court's domain, as well as being in the interests of the international community. To understand the development of international law, it would be valuable to identify the situations in which the Court relies on considerations which are not strictly based on positive law, and, where such considerations arise, to examine more fully the reasoning by which they are introduced, the justification given to them by the Court, and their possible association with particular juridical philosophies.
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