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Contents
- Preliminary Material
- Main Text
- Part I Preliminary topics
- 1 Introduction
- 2 The sources of international law
- 3 The relations of international and national law
- 1 Theoretical Approaches
- 2 Relations of international and national law: An overview
- 3 International law in the common law tradition
- 4 International law in the civil law tradition
- 5 Conclusion
- Part II Personality and recognition
- 4 Subjects of international law
- 5 Creation and incidence of statehood
- 6 Recognition of states and governments
- 7 International organizations
- 1 Introduction
- 2 Legal Personality
- 3 Privileges and Immunities
- 4 Performance of Acts in the Law
- 5 Interpretation of the Constituent Instrument
- 6 Relations of International Organizations
- 7 Law-Making Through Organizations
- 8 Control of Acts of Organizations
- 9 Conclusion: The Rule of Law and International Organizations
- Part III Territorial sovereignty
- 8 Forms of governmental authority over territory
- 9 Acquisition and transfer of territorial sovereignty
- 1 Introduction
- 2 Determining Title
- 3 The ‘Modes’ of Acquisition
- 4 Displacement of Title
- 5 Extent of Sovereignty: Territorial Disputes
- 6 Territorial Sovereignty and Peremptory Norms
- 7 Conclusion
- 10 Status of territory: further problems
- Part IV Law of the sea
- 11 The territorial sea and other maritime zones
- 1 The Territorial Sea
- 2 The Contiguous Zone
- 3 The Continental Shelf
- 4 The Exclusive Economic Zone/Fisheries Zone
- 5 Other Zones for Special Purposes
- 6 Conclusion
- 12 Maritime delimitation and associated questions
- 13 Maritime transit and the regime of the high seas
- 1 Introduction
- 2 Freedom of the High Seas
- 3 Jurisdiction over Ships on the High Seas
- 4 Regimes of Transit to and from the High Seas
- 5 Regulation of High Seas Fisheries
- 6 The Seabed and Ocean Floor Beyond the Limits of National Jurisdiction
- 7 Conclusion
- 11 The territorial sea and other maritime zones
- Part V The environment and natural resources
- 14 Common spaces and cooperation in the use of natural resources
- 15 Legal aspects of the protection of the environment
- Part VI International transactions
- 16 The law of treaties
- 17 Diplomatic and consular relations
- 1 Modalities of Interstate Relations
- 2 General Legal Aspects of Diplomatic Relations
- 3 Staff, Premises, and Facilities of Missions
- 4 Inviolability of Missions
- 5 Diplomatic Agents
- (A) Inviolability
- (B) The concept of immunity
- (C) Immunity of serving agents from criminal jurisdiction
- (D) Immunity from civil and administrative jurisdiction
- (E) Immunity ratione personae
- (F) Application of certain local laws
- (G) Beneficiaries of immunities
- (H) Duration of privileges and immunities
- (I) Waiver
- 6 Other Matters
- 7 Conclusion
- 18 Unilateral acts, acquiescence, and estoppel
- 19 Succession to rights and duties
- Part VII State jurisdiction
- 20 Sovereignty and equality of states
- 21 Jurisdictional competence
- 22 Privileges and immunities of foreign states
- Part VIII Nationality and related concepts
- Part IX The law of responsibility
- 25 The conditions for international responsibility
- 1 Configuring the Law of Responsibility
- 2 The Basis and Character of State Responsibility
- 3 Attribution to the State
- 4 Breach of an International Obligation
- 5 Circumstances Precluding Wrongfulness
- 6 Conclusion
- 26 Consequences of an internationally wrongful act
- 27 Multilateral public order and issues of responsibility
- 25 The conditions for international responsibility
- Part X The protection of individuals and groups
- 28 The international minimum standard: Diplomatic protection and protection of investments
- 29 International human rights
- 1 Introduction
- 2 Historical Perspectives
- 3 Sources of Human Rights Standards
- 4 Non-Discrimination and Collective Rights
- 5 Scope of Human Rights Standards: Some General Issues
- 6 Protection and Enforcement of Human Rights
- (A) Protection and enforcement under the un system
- (B) Regional machinery
- (C) Supervision: key legal issues
- (i) Exhaustion of local remedies
- (ii) Restrictions on freedoms ‘necessary in a democratic society’
- (iii) Proportionality: the balance between the general interest and the interests of the individual
- (iv) Derogation ‘in time of national emergency’
- (v) The margin of appreciation
- (vi) Complaints and proceedings at national level
- 7 Conclusion
- 30 International criminal justice
- Part XI Disputes
- 31 The claims process
- 1 Jurisdiction and Admissibility Distinguished
- 2 Interstate Claims: Prior Negotiations and the Requirement of a Dispute
- 3 Interstate Claims: Grounds of Inadmissibility
- 4 Diplomatic Protection
- 5 Mixed Claims: Private Persons versus States
- 6 Conclusion
- 32 Third party settlement of international disputes
- 1 Peaceful Settlement in General
- 2 Development of International Dispute Settlement
- 3 The International Court of Justice
- (A) Historical overview: the permanent court of international justice
- (B) Organization of the court
- (C) Jurisdiction in contentious cases
- (i) Matters specially provided for in the Charter
- (ii) Transferred jurisdiction: Articles 36(5), 37
- (iii) Consent ad hoc: jurisdiction by special agreement
- (iv) Advance consent: treaties and conventions
- (v) Advance consent: declarations under the optional clause
- (vi) Consent post hoc: forum prorogatum
- (vii) Jurisdiction to decide ex aequo et bono
- (D) Jurisdictional exceptions and reservations
- (E) The advisory jurisdiction
- (F) An evaluation of the court
- 4 Other International Courts and Tribunals
- 5 Conclusion
- 33 Use or threat of force by states
- 1 Historical Overview 1815–1945
- 2 The Charter Prohibition on Use or Threat of Force
- 3 Authorizing the Use of Force: The Security Council
- 4 Continuing Sources of Controversy under the Charter
- 5 Conclusion
- 31 The claims process
- Part I Preliminary topics
- Further Material
