International Law Frameworks

by Bederman, David J.

• ISBN13: 9781587780257
• ISBN10: 1587780259
• Format: Paperback
• Copyright: 2000-12-01
• Publisher: West Group
• More Book Details

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	v
PART ONE. SOURCES AND METHODS OF INTERNATIONAL LAW
Nature and History Of International Law	1	(11)
A Thematic History	1	(5)
Dispelling Some Myths	6	(6)
General Principles and Customary International Law	12	(13)
General Principles	13	(1)
Customary International Law	14	(11)
Treaties	25	(16)
Treaty Nomenclature	25	(3)
The Relationship Between Treaties and Custom	28	(2)
The Process of Treaty-Making	30	(3)
Treaty Application and Interpretation	33	(3)
Treaty Amendment, Invalidity and Termination	36	(5)
Other Sources and Evidences	41	(8)
Equity, Humanity and Other Values	41	(2)
U.N. Resolutions, Judicial Decisions and Publicists	43	(3)
An Integrated View of Sources and Methods	46	(3)
PART TWO. SUBJECTS AND OBJECTS OF INTERNATIONAL LAW
States: Identity, Recognition and Succession	49	(11)
State Identity, Sovereignty and Legitimacy	50	(4)
Recognition of States and Governments	54	(4)
State Succession	58	(2)
International Organizations	60	(9)
Individuals in International Law	69	(11)
Nationality	69	(4)
Duties of Persons Under International Law	73	(4)
Rights of Individuals	77	(3)
State Responsibility and Diplomatic Protection	80	(13)
General Considerations and Problems	80	(3)
Substantive Conditions and Procedural Aspects	83	(7)
Expropriations and Contract Breaches	90	(3)
Human Rights	93	(17)
Substantive Aspects of Human Rights Law	93	(10)
Enforcement of Human Rights Norms	103	(7)
State Territory and Common Areas	110	(8)
Territory	110	(3)
International Common Spaces	113	(5)
Law of the Sea	118	(12)
Ocean Resources and Law	118	(2)
Maritime Zones	120	(8)
Maritime Delimitation	128	(2)
International Environmental Law	130	(11)
Guiding Principles	130	(2)
Approaches to International Environmental Protection	132	(9)
International Economic Law	141	(8)
PART THREE. INTERNATIONAL LAW AND U.S. LAW
International Law and Domestic Law	149	(9)
Domestic Law in International Law	150	(1)
International Law in Domestic Law	151	(7)
International Agreements in U.S. Law	158	(12)
The Treaty Power	158	(4)
Treaties as the Law of the Land	162	(4)
Executive Agreements	166	(4)
Jurisdiction	170	(16)
Analyzing a Jurisdictional Problem	170	(5)
Bases of Jurisdiction	175	(7)
Extradition and Mutual Assistance	182	(4)
Jurisdictional Immunities	186	(19)
Foreign Sovereign Immunities	186	(10)
The Act of State Doctrine	196	(3)
Diplomatic, Consular and Organizational Immunity	199	(6)
PART FOUR. WAR AND PEACE
Counter-Measures	205	(7)
Control of Armed Conflict	212	(14)
Limiting War Before the U.N. Charter	212	(2)
The Law of the U.N. Charter	214	(7)
Collective Security, Peacekeeping and Enforcement	221	(5)
Laws of War	226	(7)
Peaceful Settlement of Disputes	233	(18)
Negotiation, Conciliation and Arbitration	233	(6)
The World Court	239	(9)
The Future of International Adjudication	248	(3)
Select Bibliography	251	(10)
Table of Cases and Arbitrations	261	(4)
Table of Treaties and Other Documents	265	(4)
Index	269