Lloyd's Maritime and Commercial Law Quarterly
BOOK REVIEW - THE LAW OF WAR
THE LAW OF WAR by Ingrid Detter de Lupis, Barrister; Senior Associate Member, St. Antony’s College, Oxford. Cambridge University Press, Cambridge (1987, xx and 366 pp., plus 40 pp. Appendix and 5 pp. Index). Hardback £40; paperback £15.
War, or (as most lawyers will call it) armed conflict, is a fact of international life which may affect persons or organizations far beyond the territory in which it occurs. The recent lengthy conflict between Iraq and Iran, and its effect on merchant shipping, is only one obvious example.
It is only vaguely known, if at all, that both international and non-international armed conflicts are governed, to varying extents, by a large body of international law. The initial resort to force, the means and methods of warfare, the protection of certain categories of non-combatants, the consequences of war and its conclusion are all subject to international legal principles and rules, some being of antique origin.
This comprehensive book by Professor De Lupis is to be welcomed for several reasons. Not only does it address a relevant subject, but it tries to bring up to date the law and, as appropriate, the politics, as they pertain to every important feature of this wide topic. She is to be congratulated on her attempt to tackle many specialized matters. The strength of the book is that it at least touches upon most topics of significance, makes interesting, sometimes provocative, points and classifications, and provides useful references for further investigation. The weakness is that her comments may not always be strictly factual or they may be open to serious argument.
Those involved with maritime and commercial matters will find succinct overviews of the law of naval warfare and of the effects of war on property and contracts. The main points of principle are identified and some reference made to experience in recent armed conflicts, such as Iran-Iraq or the Falklands, including any resulting case law. The book could be help-
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