Table of cases | p. xvii |
Table of statutes of the international courts | p. xxviii |
Table of the rules of the international courts | p. xxix |
Table of international secondary legislation | p. xxix |
Table of treaties and conventions | p. xxx |
Table of other documents | p. xxxvii |
International law in the modem context | p. 1 |
A brief history of international law: a distinction between the 'origin' and 'documentation' of international law | p. 2 |
The meaning and concept of international law | p. 5 |
The nature of international law: theories | p. 12 |
The relationship of theories of law with international law | p. 14 |
The basis of international law: consent | p. 15 |
The functions of international law | p. 18 |
What next in international law? | p. 21 |
Conclusion | p. 22 |
Questions | p. 22 |
Key case | p. 24 |
Further reading | p. 24 |
Sources of international law | p. 25 |
What does the phrase 'sources of law' mean? | p. 26 |
'Formal', 'material', and 'functional' sources of law | p. 26 |
What are the sources of international law? | p. 27 |
Treaties | p. 29 |
Customs | p. 33 |
General principles of law | p. 49 |
Judicial decisions | p. 55 |
The writings of publicists | p. 55 |
The relationship between sources of international law | p. 56 |
Are there other sources of international law? | p. 62 |
Conclusion | p. 64 |
Questions | p. 64 |
Key cases | p. 65 |
Further reading | p. 66 |
The law of treaties | p. 6? |
General issues: the definition, scope, and nature of treaties | p. 68 |
The scope of the Vienna Convention on the Law of Treaties | p. 69 |
The nature of treaties | p. 71 |
Procedural obligations of treaties | p. 89 |
The reservation of treaties | p. 89 |
The interpretation of treaties | p. 89 |
Invalid treaties | p. 104 |
The termination and suspension of treaties | p. 105 |
Conclusion | p. 108 |
Questions | p. 108 |
Key cases | p. 110 |
Further reading | p. 110 |
The subjects of international law and recognition | p. 111 |
The relevance of subjects of international law: the concept of legal personality | p. 113 |
The status of international legal persons | p. 114 |
Subjects of international law in context | p. 116 |
Lesser States and special territories | p. 127 |
International organizations | p. 130 |
Individuals | p. 131 |
The recognition of States and governments | p. 133 |
Conclusion | p. 155 |
Questions | p. 155 |
Key cases | p. 156 |
Further reading | p. 157 |
International law and municipal law | p. 159 |
International and municipal law: what relationship? | p. 160 |
Municipal law issues under international law | p. 163 |
International legal issues before municipal legal systems | p. 171 |
The transformation of treaties into the municipal law | p. 180 |
Conclusion | p. 180 |
Questions | p. 186 |
Key cases | p. 188 |
Further reading | p. 189 |
International organizations | p. 189 |
Origins: from the Congress of Vienna to the League of Nations | p. 190 |
Definitions | p. 193 |
Classification: international (governmental) organizations, international (non-governmental) organizations, and international public corporations | p. 194 |
Features of international organizations | p. 197 |
The legal personality of international organizations | p. 203 |
Privileges and immunity | p. 225 |
Conclusions | p. 235 |
Questions | p. 235 |
Key cases | p. 236 |
Further reading | p. 236 |
State responsibility | p. 239 |
A brief history of the codification of State responsibility | p. 240 |
Determining the internationally wrongful acts of a State | p. 243 |
Attribution of acts or omissions to States | p. 246 |
Theories of imputability | p. 266 |
The treatment of aliens | p. 270 |
Expropriation or nationalization of foreign property | p. 277 |
Enforcing responsibility against delinquent States | p. 283 |
Circumstances precluding wrongfulness | p. 297 |
Peremptory norms: breaches, that can never be excused | p. 299 |
Conclusion | p. 300 |
Questions | p. 300 |
Key cases | p. 301 |
Further reading | p. 301 |
Territory and the law of the sea | p. 303 |
The modes of acquiring territory | p. 304 |
Occupation and prescription | p. 305 |
The current state of occupation in international law | p. 312 |
Intertemporal law | p. 314 |
Acquisition by prescription | p. 317 |
Cession and accretion | p. 320 |
The relation of sovereignty to territory | p. 321 |
The law of the sea | p. 321 |
Conclusion | p. 343 |
Questions | p. 344 |
Key cases | p. 345 |
Further reading | p. 345 |
The law of use of force | p. 347 |
The League of Nations and the Kellogg-Briand Pact | p. 348 |
The UN Charter and the prohibition of the use and threat of force | p. 350 |
Exceptions to the prohibition of the use of force | p. 363 |
Is Article 2(4) sufficient in the modern world? | p. 381 |
Conclusion | p. 381 |
Questions | p. 382 |
Key cases | p. 383 |
Further reading | p. 383 |
Collective security | p. 385 |
The meaning of æcollective security' | p. 386 |
The difference between collective security and unilateral actions | p. 387 |
The scope of, and authority for, collective security | p. 388 |
The Charter system of collective security | p. 389 |
Regional collective security systems | p. 406 |
The distinction between 'collective security' and 'collective self-defence' | p. 411 |
Peacekeeping | p. 413 |
Humanitarian intervention | p. 419 |
Responsibility to protect | p. 423 |
Conclusion | p. 426 |
Questions | p. 427 |
Key case | p. 428 |
Further reading | p. 428 |
The settlement of international disputes | p. 429 |
What is a dispute? | p. 430 |
The peaceful settlement of disputes | p. 435 |
Negotiation, inquiry, mediation, good offices, and conciliation | p. 436 |
Arbitration | p. 456 |
Conclusion | p. 463 |
Questions | p. 464 |
Key cases | p. 465 |
Further reading | p. 465 |
The International Court of Justice | p. 467 |
A short history of the Court | p. 468 |
The functions of the ICJ | p. 469 |
Access to the Court | p. 471 |
The composition, election, and retirement of judges of the ICJ | p. 474 |
The independence of the Court | p. 479 |
The jurisdiction of the ICJ | p. 481 |
The effects of a declaration under Article 36(2) | p. 493 |
The conditions of declaration | p. 498 |
Types of reservation | p. 502 |
Interventions | p. 509 |
Advisory opinions | p. 514 |
Consent and advisory opinion | p. 516 |
The effects of ICJ judgments | p. 518 |
Conclusion | p. 520 |
Questions | p. 521 |
Key cases | p. 522 |
Further reading | p. 522 |
Jurisdiction | p. 523 |
The meaning and nature of jurisdiction | p. 524 |
The territoriality principle | p. 526 |
The 'effect' doctrine | p. 532 |
The nationality principle | p. 535 |
The protective principle | p. 537 |
The universality principle | p. 539 |
The passive personality principle | p. 544 |
Problems of illegal enforcement jurisdiction | p. 548 |
Conclusion | p. 552 |
Questions | p. 552 |
Key cases | p. 554 |
Further reading | p. 554 |
International criminal law | p. 555 |
What is international criminal law and how did it develop? | p. 556 |
Sources of international criminal law | p. 558 |
The distinction between State and individual responsibility | p. 559 |
General principles of international criminal law | p. 559 |
International crimes | p. 561 |
International criminal tribunals | p. 586 |
The International Criminal Court (ICC) | p. 594 |
Problems with international criminal justice | p. 599 |
The ICC and the UN Security Council | p. 603 |
Immunity | p. 604 |
Conclusion | p. 604 |
Questions | p. 605 |
Key cases | p. 606 |
Further reading | p. 607 |
International environmental law | p. 609 |
What is international environmental law? | p. 610 |
The development of international environmental law: a short history | p. 612 |
Sources of international environmental law | p. 615 |
Major international efforts towards international regulation of the environment | p. 620 |
Enforcement of international environmental law | p. 639 |
Conclusions | p. 643 |
Questions | p. 644 |
Key cases | p. 645 |
Further reading | p. 645 |
International economic law | p. 647 |
The origins and nature of international economic law | p. 650 |
International economic law and public international law | p. 652 |
Institutional mechanisms for regulating international economic law | p. 654 |
International finance law | p. 667 |
Conclusion | p. 673 |
Questions | p. 673 |
Key cases | p. 674 |
Further reading | p. 674 |
International human rights | p. 675 |
States and human rights | p. 676 |
The rise of international human rights | p. 677 |
The United Nations and human rights | p. 679 |
Regional human rights systems | p. 695 |
Regional human rights courts | p. 702 |
Current issues in international human rights law | p. 711 |
Conclusion | p. 723 |
Questions | p. 723 |
Key cases | p. 724 |
Further reading | p. 724 |
Index | p. 725 |
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