9789004164161

This book touches upon the main subjects in public international law, with special emphasis on the application of international rules within the national legal orders. The treatment of the matter is based on the practice, particularly on the case law of international and domestic courts. The main characteristic of the book is the very extensive discussion of the role of domestic courts, as well as public officials, in order to achieve the effectiveness of international law. National judges, who are considered the principal addressees of the book, are viewed as a sort of propelling force behind international law to the extent that they perceive the need to realize that international solidarity which is too often lacking at the level of governments.

Benedetto Confort, Professor Emeritus of International Law, former Judge of the European Court of Human Rights, Member of the Institut de droit international, Member of the Court of Conciliation and Arbitration within the OSCE. He has published extensively on UN Law, Law of the Sea, EU Law, Human Rights. Angelo Labella, Researcher of International Law. He has published on Public Domestic Law in International Matters, Law of the Sea and the Law of Treaties.

Preface	p. ix
Abbreviations	p. xi
Table of Cases	p. xv
International law and the role of Domestic Courts and Executive Organs
The Present International Community and its Law	p. 1
The "Legal" Aspect of International Law and its Application by Domestic Courts and Executive Organs	p. 3
The "Political-Diplomatic" Aspect of International Law	p. 5
Areas of International Law Where the Legal and Political Diplomatic Aspects Respectively Prevail	p. 5
Obstacles to Full Recognition of the Legal Value of International Law	p. 7
The Political Question Doctrine	p. 7
Other Forms of Judicial Deference to the Executive Branch	p. 10
The Act of State Doctrine	p. 12
The Concept of Non-Self-Executing International Law	p. 15
The Tendency to Deny that the Binding Resolutions of International Organisations are Self-Executing	p. 22
The Application of the Last-in-Time Rule (Lex Posterior Principle) to Inconsistency Between International and National Rules	p. 26
International Law-Making
Custom as a Source of General International Law
Custom as a Product of the Conduct of State Organs	p. 31
The Nature of Custom and the Effect of Objection to Customary Law	p. 35
The Persistent Objector	p. 37
A Particular Kind of Custom: General Principles of Law Recognised by Civilised Nations	p. 39
The Resolutions of International Organisations and the Development of Customary Law	p. 41
Customary Law and Codification Conventions	p. 43
The “Ageing” of Codification Conventions	p. 45
Article 4 of the Vienna Convention on the Law of Treaties	p. 46
Equity and the Role of International and Domestic Court in the Development of Customary Law	p. 48
Custom and the Teachings of Publicists	p. 51
Treaties
Domestic Law and the Conclusion of Treaties	p. 52
Invalidity and Termination of Treaties: The Role of Domestic Courts and Executive Organs	p. 55
The Interpretation of Treaties and Domestic Courts	p. 58
Law-Making by International Organisations
The Resolutions of International Organisations and Soft Law	p. 62
The Democratisation of International Organisations	p. 63
The Resolutions of International Organisations and Domestic Courts	p. 66
The Hierarchy of International Norms
General Rule: The "Flexibility" of International Norms	p. 67
The Exception: Peremptroy Norms of General International Law (Jus Cogens)	p. 69
A Special Kind of Jus Cogens: Rules on the Invalidity and Termination of Treaties	p. 72
The Content of International Law
"International" Force and "Internal" Force	p. 73
Limitations on International Force	p. 79
Limitations on Internal Force	p. 79
The Territorial Limitation of State Jurisdiction	p. 79
The Functional Limitation of State Jurisdiction	p. 88
The "Personal" Limitation of State Jurisdiction	p. 95
Exercise of State Jurisdiction for the Benefit of the International Community as a Whole	p. 97
The Principle of the Common Heritage of Mankind	p. 97
The Problem of the Prosecution of International Crimes	p. 100
Prosecution of International Crimes and Immunity of State Officials	p. 103
The Violation of International Law and its Consequences
The International Responsibility of States: A Controversial Issue	p. 105
Fault as an Element of the Internationally Wrongful Act and the Essentially Objective Character of International Responsibility	p. 106
Responsibility in the Absence of Wrongful Acts	p. 110
The Consequences of Internationally Wrongful Acts: General Observations	p. 112
Self-Help as the Fundamental Consequence of Wrongful Acts. Self-Help and the Prohibition of the Use of "International" Force	p. 114
The Most Important Form of Self-Help: Countermeasures	p. 120
Retorsion	p. 124
"Collective" Self-Help	p. 125
Self-Help and the Constituent Instruments of International Organisations	p. 128
Self-Help and Domestic Law	p. 130
Reparation	p. 132
Index	p. 137
Table of Contents provided by Ingram. All Rights Reserved.

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An Introduction to International Law

9004164162

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