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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 Conclusions
- 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
- 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
- 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
- 12 Maritime Delimitation and Associated Questions
- 1 Introduction
- 2 Territorial Sea Delimitation Between Opposite or Adjacent States
- 3 Continental Shelf Delimitation Between Opposite or Adjacent States
- 4 Exclusive Economic Zone Delimitation Between Adjacent or Opposite States
- 5 The Effect of Islands Upon Delimitation
- 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
- 11 The Territorial Sea and Other Maritime Zones
- Part V The Environment and Natural Resources
- 14 Common Spaces and Co-operation in the Use of Natural Resources
- 15 Legal Aspects of the Protection of the Environment
- Part VI International Transactions
- 16 The Law of Treaties
- 1 Introduction
- 2 Conclusion of Treaties
- 3 Reservations
- 4 Observance, Application, and Interpretation of Treaties
- 5 Amendment and Modification of Treaties
- 6 Invalidity, Termination, and Suspension 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 from Jurisdiction for Acts Done Ratione Personae
- (F) Application of Certain Local Laws
- (G) Beneficiaries of Immunities
- (H) Duration of Privileges and Immunities
- (I) Waiver
- 6 Other Matters
- 18 Unilateral Acts; Estoppel
- 19 Succession to Rights and Duties
- 16 The Law of Treaties
- 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
- 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: Persons and Property
- 1 State and Individual: the Search for Standards
- 2 Admission, Expulsion, and Liabilities of Aliens
- 3 Requirements for and Standards of Diplomatic Protection
- 4 Breach and Annulment of State Contracts
- 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 United Nations System
- (B) Regional Machinery
- (C) Supervision: Key Legal Issues
- (i) Exhaustion of local remedies
- (ii) Restrictions upon 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 An Evaluation
- 30 International Criminal Justice
- 28 The International Minimum Standard: Persons and Property
- Part XI Disputes
- 31 The Claims Process
- 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
- 33 The 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
- Part I Preliminary Topics
- Further Material
