International Law Frameworks

by Bederman, David J.

• ISBN13: 9781599410265
• ISBN10: 1599410265
• Edition: 2nd
• Format: Paperback
• Copyright: 2006-07-30
• Publisher: West Group

Summary

Professor David J. Bederman's new text offers a concise and analytic guide to the intricacies of international law, as understood and appreciated by a leading authority. Incisive and irreverent, International Law Frameworks provides a broad overview of all important aspects of the subject, as well as in-depth consideration of the key cases, crucial treaties and essential documents. In addition to considering traditional topics (including sources of international law, the role of States, and the management of international conflict), the book focuses particularly on newly-emerging issue areas (such as human rights, the international environment and economy), as well as the application of international law rules in the U.S. Well-written and accessible to all readers, this volume should be indispensable to students, practitioners and researchers. Book jacket.

Table of Contents

Preface	p. V
Sources and Methods of International Law
Nature and History of International Law	p. 1
A Thematic History	p. 1
Dispelling Some Myths	p. 6
General Principles and Customary International Law	p. 13
General Principles	p. 14
Customary International Law	p. 16
Treaties	p. 26
Treaty Nomenclature	p. 26
The Relationship Between Treaties and Custom	p. 29
The Process of Treaty-Making	p. 31
Treaty Application and Interpretation	p. 34
Treaty Amendment, Invalidity and Termination	p. 37
Other Sources and Evidences	p. 42
Equity, Humanity and Other Values	p. 42
U.N. Resolutions, Judicial Decisions and Publicists	p. 44
An Integrated View of Sources and Methods	p. 47
Subjects and Objects of International Law
States: Identity, Recognition and Succession	p. 51
State Identity, Sovereignty and Legitimacy	p. 52
Recognition of States and Governments	p. 56
State Succession	p. 60
International Organizations	p. 63
Individuals in International Law	p. 72
Nationality	p. 72
Duties of Persons Under International Law	p. 76
Rights of Individuals	p. 81
State Responsibility and Diplomatic Protection	p. 84
General Considerations and Problems	p. 84
Substantive Conditions and Procedural Aspects	p. 87
Expropriations and Contract Breaches	p. 94
Human Rights	p. 97
Substantive Aspects of Human Rights Law	p. 97
Enforcement of Human Rights Norms	p. 107
State Territory and Common Areas	p. 115
Territory	p. 115
International Common Spaces	p. 119
Law of the Sea	p. 124
Ocean Resources and Law	p. 124
Maritime Zones	p. 126
Maritime Delimitation	p. 134
International Environmental Law	p. 136
Guiding Principles	p. 136
Approaches to International Environmental Protection	p. 138
International Economic Law	p. 147
International Law and U.S. Law
International Law and Domestic Law	p. 157
Domestic Law in International Law	p. 158
International Law in Domestic Law	p. 159
International Agreements in U.S. Law	p. 167
The Treaty Power	p. 167
Treaties as the Law of the Land	p. 171
Executive Agreements	p. 176
Jurisdiction	p. 179
Analyzing a Jurisdictional Problem	p. 179
Bases of Jurisdiction	p. 184
Extradition and Mutual Assistance	p. 192
Jurisdictional Immunities	p. 196
Foreign Sovereign Immunities	p. 196
The Act of State Doctrine	p. 206
Diplomatic, Consular and Organizational Immunity	p. 210
War and Peace
Counter-Measures	p. 215
Control of Armed Conflict	p. 223
Limiting War Before the U.N. Charter	p. 223
The Law of the U.N. Charter	p. 225
Collective Security, Peacekeeping and Enforcement	p. 233
Laws of War	p. 237
Peaceful Settlement of Disputes	p. 245
Negotiation, Conciliation and Arbitration	p. 245
The World Court	p. 252
The Future of International Adjudication	p. 261
Select Biliography	p. 263
Table of Cases and Arbitrations	p. 273
Table of Treaties and other Documents	p. 279
Index	p. 283
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