This book originated as the Hersch Lauterpacht Memorial Lectures, given
at Cambridge in March 2019. Because Lauterpacht played such an important
role in developing the basis for international legal liberalism, I think it
appropriate to say a few words about him in this preface. I do so even
though my primary concern in the book is with democracy rather than
liberalism per se.
Sir Hersch Lauterpacht (1897–1960) was one of the leading figures in
international law in the twentieth century: teacher, scholar and British
judge of the International Court of Justice in the Hague. Born to a middleclass
Jewish family in Austro-Hungarian Galicia, Lauterpacht’s life covers a
period in which Jews were transformed, and transformational, in international
society. His is a quintessentially twentieth-century story: An ostjude
going first to Vienna and then to London; retraining himself there, as did
so many émigrés; and eventually rising, through sheer talent and energy,
to the pinnacle of international legal society, even as his former world was
being destroyed. Lauterpacht’s career also spanned the transformation of
international law, from a framework focused on interactions among sovereign
states to one in which human rights were seen as being a legitimate
subject of international concern; individuals not only had rights but also
duties, and could bear international criminal responsibility; and intergovernmental
organizations became important actors. Lauterpacht played a
major role in providing an intellectual underpinning for all these developments,
which can be broadly characterized as a liberal transformation.