The Law of Nations An Introduction to the International Law of Peace

by Brierly, J. L.; Waldock, Humphrey

• ISBN13: 9780198251057
• ISBN10: 019825105X
• Edition: 6th
• Format: Hardcover
• Copyright: 1978-01-05
• Publisher: Oxford University Press

Summary

The long scope of Brierly's scholarship, together with the simplicity and brevity of his prose, make The Law of Nations the standard introduction to its field, and widely popular in many different countries. Providing a comprehensive overview of international law, this classic book is essential reading for all those interested in learning what role the law plays in the relation of states.

Table of Contents

The Origins of International Law	1	(40)
The rise of modern states	1	(6)
The doctrine of sovereignty	7	(9)
The influence of the doctrine of the Law of Nature	16	(9)
The classical writers on international law	25	(16)
Character of the Modern System	41	(53)
The international society	41	(4)
The modern `sovereign' state	45	(4)
The basis of obligation in modern international law	49	(7)
The sources of modern international law	56	(12)
Treaties as a source of law	57	(2)
Custom as a source of law	59	(3)
The general principles of law	62	(1)
Judicial precedents	63	(2)
Text-writers	65	(1)
The place of `reason' in the modern system	66	(2)
The legal character of international law	68	(3)
Some defects of the system	71	(7)
Proposals for Codification	78	(8)
The application of international law in British courts	86	(8)
The Legal Organization of International Society	94	(32)
The beginnings of international constitutional law	94	(2)
International legislation	96	(4)
The executive and administrative functions	100	(5)
The League and the United Nations	105	(16)
The Specialized Agencies	121	(5)
The International Labour Organization	122	(4)
States	126	(36)
General notion of states in international law	126	(3)
Independent and dependent states	129	(1)
The doctrine of the equality of states	130	(3)
Types of dependent states	133	(4)
Commencement of the existence of a state	137	(7)
Continuity and termination of the existence of a state	144	(18)
The Territory of States	162	(60)
Territorial sovereignty	162	(1)
Modes of acquiring territory	163	(10)
Dependent territories	173	(16)
Colonies and Colonial Protectorates	173	(8)
Trust territories	181	(8)
Leases	189	(1)
Servitudes	190	(4)
Maritime territory	194	(17)
The continental shelf	211	(7)
Territorial air space	218	(4)
The Jurisdiction of States	222	(95)
Jurisdiction over internal waters	223	(14)
Jurisdiction over the territorial sea	237	(3)
Jurisdiction in territorial air space	240	(3)
Jurisdiction with respect to foreign states, their property, their agents, and their armed forces	243	(33)
Limitation upon a state's treatment of aliens	276	(15)
Limits upon a state's treatment of its own nationals	291	(8)
The limits upon a state's criminal jurisdiction	299	(5)
Jurisdiction on the high seas	304	(13)
Treaties	317	(29)
Formation of treaties	317	(10)
Discharge of treaties	327	(19)
International Disputes and the Maintenance of International Order	346	(51)
Amicable methods of settlement	346	(1)
Arbitration and judicial settlement	347	(19)
The limits of arbitration and judicial settlement	366	(7)
Good offices, mediation, conciliation	373	(3)
The covenant system of handling disputes	376	(4)
The charter system of handling disputes	380	(17)
International Law and Resort to Force	397	(36)
The law of the era before the League	397	(11)
The law in force in the League period	408	(5)
The law of the Charter	413	(20)
Index of Cases Cited	433	(2)
Index of Subjects	435