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Dag Hammarskjold and the Relation of Law to Politics

Published online by Cambridge University Press:  28 March 2017

Oscar Schachter
Oscar Schachter*
Affiliation:
Of the Board of Editors
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Extract

The sudden and tragic death of Dag Hammarskjold on September 17, 1961, evoked throughout almost the entire world a sense of grief and loss that was without parallel in recent times.

Type
Research Article
Information
American Journal of International Law , Volume 56 , Issue 1 , January 1962 , pp. 1 - 8
Copyright
Copyright © American Society of International Law 1962

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References

1 Hjalmar J. L. Hammarskjold, who was the Prime Minister of Sweden during the first World War, served as the Chairman of the Committee of Experts for the Progressive Codification of International Law of the League of Nations, and as President of the International Law Association.

2 Åke Hammarskjold was the Registrar of the Permanent Court of International Justice from 1922 to 1936, and a Judge of that Court in 1936–1937.

3 Some examples were mentioned by Mr. Hammarskjold in a footnote to his lecture, “The International Civil Servant in Law and in Fact,” given at Oxford University on May 30, 1961 (Clarendon Press). The footnote refers to the fact that the principles and purposes of the Charter are specific enough to have practical significance in concrete cases. It reads:

“ 1. See, for example, references to the Charter in relation to the establishment and operation of UNEF: TJ.N. doc. A/3302, General Assembly, Official Records, first emergency special session, annexes, agenda item 5, pp. 19–23; U.N. doe. A/3512, General Assembly, Official Records, eleventh session, annexes, agenda item 66, pp. 47–50. See also references to the Charter in relation to the question of the Congo: TJ.N. doc. S/PV. 887, p. 17; TJ.N. doc. S/PV. 920, p. 47; TJ.N. doc. S/PV. 942, pp. 137–40; U.N. doc. S/4637 A.”

4 “Introduction to the Sixteenth Annual Report of the Secretary-General on the Work of the Organization, 1960–1961,” in 8 United Nations Review 12–17, 34–35 (September, 1961), published by the U.N. Office of Public Information, OPI/79.

5 General Assembly (XIII) , Official Reeords, Annexes, Agenda Item 65, TJ.N. Doc. A/3943.

6 See U.N. Doc. S/P.V. 873, pp. 11–12. Tor a more detailed discussion of these principles, see Miller, “Legal Aspects of the United Nations Action in the Congo,” 55 A.J.I.L. 1 (1961).

7 69 Harvard Law Review 803 (1956). The same conception of polarity is applied by Professor Myres S. McDougal in his many original contributions to international law. See, for example, McDougal, and Feliciano, , “Legal Regulation of Resort to International Coercion,” 68 Tale Law Journal 1057 (1959)Google Scholar, and other essays in Studies in World Public Order (Yale University Press, 1960).

8 Address delivered by Mr. Hammarskjold at the University of Chicago Law School, entitled “The Development of a Constitutional Framework for International Cooperation,” in 6 United Nations Review 26–30 (June, 1960), published by U.N. Office of Public Information, OPI/37.

9 New York Herald Tribune, Sept. 21, 1961.

10 See address by Mr. Hammarskjold to the Students’ Association of Copenhagen, entitled “Do We Need the United Nations?” , in 5 United Nations Review 22–26 (June, 1959), published by U.N. Office of Public Information.

11 Introduction to the Fourteenth Annual Report of the Secretary General on the Work of the Organization, 1958–1959, U.N. Doc. A/4132/Add. 1, p. 3.

12 See address of Mr. Hammarskjold referred to in note 8 above.

13 Introduction to the Fifteenth Annual Report of the Secretary-General on the Work of the Organization, 1959–1960, U.N. Doc. A/4390/Add. 1, p. 4.