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View translated passages only
Oxford Law Citator
Contents
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Preliminary Material
Preface
Contents
Abbreviations
Table of Cases
Canada
Committee on Human Rights, ICCPR
European Commission On Human Rights
European Court of Human Rights
European Court of Justice
France
Germany
International Court of Justice
International Cases
Belgium
Italy
Israel
Permanent Court of International Justice
South Africa
United Kingdom
United States
Table of National Legislation
Australia
Canada
Denmark
European Community
Finland
France
South Africa
United Kingdom
United States
Table of International Conventions
Main Text
1 The Nature and Function of International Law
What is International Law
To Whom does International Law Apply?
What is the Basis of Obligation of International Law?
2 Sources of International Law: Provenance and Problems
Custom
Resolutions of International Organizations
Binding quality of resolutions
Declaratory resolutions
Conclusion
The Overlap between Treaty and Custom
Sources of Law and Legal Obligations
Conclusion
3 Participants in the International Legal System
States
International Organizations
Individuals
4 Allocating Competence: Jurisdiction
Universal Jurisdiction
Passive Personality
Abduction as the Precursor for Jurisdiction
Extraterritorial Jurisdiction
5 Exceptions to Jurisdictional Competence: Immunities from Suit and Enforcement
State Immunity
Diplomatic Immunity
International Organizations
Conclusion
6 Responding to Individual Needs: Human Rights
7 Self-Determination
The First Phase: Self-Determination and Independence from Colonial Rule
The Second Phase: Self-Determination and Human Rights
Self-determination beyond colonialism
Self-determination and minorities
Conclusion
8 Natural Resources and International Norms
The Resources of the Deep Sea-Bed
Water as a Resource
Petroleum Deposits
What Elements are to be Included in Compensation for a Lawful Nationalization?
9 Accountability and Liability: The Law of State Responsibility
State Responsibility as Attributability of Prohibited Conduct
The Standard of Care for Responsibility to be Engaged
The Required Elements of Responsibility
The Character of International Responsibility: The Question of Criminal Responsibility
10 The United Nations
The Formal Consideration of International Law within the United Nations
Peaceful Settlement of Disputes
Peace and Collective Security: Intention and Innovation
Political Bodies and Quasi-Judicial Activities
Conclusion
11 Dispute Settlement and the International Court of Justice
The Potential for Jurisdiction
Actual Use of the Court
The Subject-Matter of Litigation before the Court
The Question of Reservations
Legal Disputes
Some Issues Relating to Advisory Opinions
Dispute Settlement and Law Development
12 The Role of National Courts in the International Legal Process
The ‘Receipt’ of International Law in the National Legal System
Treaties
Customary international law
National Courts and Foreign Acts Illegal under International Law
Conclusion
13 Oiling the Wheels of International Law: Equity and Proportionality
Equity
Proportionality
Maritime delimitation
The use of force
The law of human rights
Conclusion
Conclusion
14 The Individual Use of Force in International Law
The Relationship between Article 2 (4) and Article 51
Anticipatory Self-Defence
What Constitutes ‘the State’ for Purposes of Self-Determination
Humanitarian Intervention
What Constitutes an Armed Attack?
The Doctrinal Debates
15 The Use of Force by the United Nations
UN Action for, or Authorization of, Enforcement Measures for Humanitarian Purposes
The Use of Force to Support UN Resolutions
The Relationship of Military Sanctions under Article 42 of the Charter to Self-Defence under Article 51
The Relationship between Military Sanctions under Article 42 and the Means Envisaged for Providing them under Article 43
Further Material
Conclusion
Index
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Table of National Legislation
From:
Problems and Process: International Law and How We Use It
Rosalyn Higgins
Content type:
Book content
Product:
Oxford Scholarly Authorities on International Law [OSAIL]
Published in print:
24 August 1995
ISBN:
9780198764106
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