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Oxford Law Citator
Contents
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Preliminary Material
Contents
Preface to the ninth edition
Abbreviations
Table of Cases
ICJ and PCIJ Cases
Other International Courts and Tribunals
Cases Decided by National Courts
International instruments
[No Title]
Bilateral instruments
National instruments
Main Text
Introduction
Ch.1 Foundation of international law
The Nature of International Law
§ 1 Concept of international law
§ 2 Ius cogens
§ 3 Legal force of international law
§ 4 Practice and the legal nature of international law
§ 5 The basis of international law
§ 6 States as the normal subjects of international law
§ 7 Persons other than states as subjects of international law
Sources of International Law
§ 8 Meaning of ‘source’
§ 9 The sources of international law
§ 10 Custom
§ 11 Treaties
§ 12 General principles of law
§ 13 Decisions of tribunals
§ 14 Writings of authors
§ 15 Equity
§ 16 International organisations and the sources of international law
§ 17 International comity and morality
Relation between International and Municipal Law
§ 18 International law and municipal law: differences of doctrine
§ 19 International law and municipal law: the position in various states
(1) The United Kingdom
(2) Other West European States
Austria
Belgium
Federal Republic of Germany
France
Greece
Ireland
Italy
Luxembourg
The Netherlands
Switzerland
(3) Law of the European Communities
(4) The United States of America
(5) Other states
§ 20 Presumption against conflicts between international and national law
§ 21 Municipal law and the fulfilment of international obligations
Universality of International Law
§ 22 Universality of the international community
§ 23 Universality of international law
Codification of International Law
§ 24 Movement in favour of codification
§ 25 Work of the first Hague Peace Conference
§ 26 Work of the second Hague Peace Conference
§ 27 Codification in the period after the First World War
§ 28 Codification under the League of Nations
§ 29 The Hague Codification Conference of 1930
§ 30 The International Law Commission
§ 31 Codification and development of international law
§ 32 The revision of international law
Part 1 The subjects of international law
Ch.2 International persons
Sovereign States as International Persons
§ 33 The concept of international person
§ 34 Concept of the state
§ 35 States less than sovereign
§ 36 Divisibility of sovereignty contested
§ 37 The problem of sovereignty in the 20th century
Recognition of States and Governments
§ 38 Recognition in general
§ 39 Recognition and membership of the international community
§ 40 Recognition of states
Korea
Germany
Vietnam
§ 41 Precipitate recognition
§ 42 Recognition of new heads and governments of old states
§ 43 When coming into power normally and constitutionally
§ 44 When coming into power abnormally and in a revolutionary manner
§ 45 Criteria for recognition of governments
§ 46 De facto recognition
§ 47 Consequences of recognition of new states and governments
§ 48 Retroactivity of recognition
§ 49 Recognition and civil wars: recognition of belligerency and insurgency
Recognition of belligerency
Recognition of insurgency
§ 50 Implied recognition
§ 51 Conditional recognition
§ 52 Withdrawal of recognition
§ 53 Recognition and participation in the United Nations
§ 54 The principle of non-recognition
§ 55 State practice and non-recognition
(1) Creation of new states
(2) Absorption of one state by another
(3) The seizure or occupation of foreign territory
§ 56 Consequences of non-recognition
Changes in the Condition of States
§ 57 Changes not affecting states as international persons
§ 58 Changes affecting states as international persons
§ 59 Extinction of states
Succession of States
§ 60 Succession of states
§ 61 How far succession takes place
§ 62 Absorption or merger
(a) Treaties
(b) Other international rights and obligations
(c) Physical property of the state
(d) Fiscal property and debts
(e) Local law and private rights
(f) Contracts (apart from those resulting in financial indebtedness)
(g) Damages
(h) Nationality
§ 63 Dismemberment
§ 64 Separation; secession
§ 65 Transfer of territory
§ 66 Former dependent territories
§ 67 Succession of governments, and on the suppression of a revolt
§ 68 State succession: recent developments
§ 69 Vienna Convention on Succession of States in respect of Treaties 1978
§ 70 Vienna Convention on Succession of States in respect of State Property, Archives and Debts 1983
(a) State property (Articles 7–18)
(b) State archives (Articles 19–31)
(c) State debts (Articles 32–41)
Composite International Persons
§ 71 Composite international persons in general
§ 72 States in personal union
§ 73 States in real union
§ 74 Confederated states (Staatenbund)
§ 75 Federal states (Bundesstaaten)
§ 76 Federal states and the implementation of international obligations
§ 77 Customs unions
The Commonwealth
§ 78 Progress of self-governing dominions towards independence
§ 79 The Commonwealth since 1945
§ 80 The legal nature of the Commonwealth
States Under Protection
§ 81 States under protection
§ 82 International position of states under protection
§ 83 Recent and existing protectorates
Dependent Territories
§ 84 Colonies
§ 85 Non-self-governing territories and the United Nations Charter
Mandated Areas
§ 86 The general features of the mandate system
§ 87 National status of the inhabitants
§ 88 South West Africa (Namibia)
Territories under the System of Trusteeship
§ 89 In general
§ 90 Territories under the trusteeship system
§ 91 The objects of the trusteeship system
§ 92 The trusteeship agreements
§ 93 Strategic trust areas
§ 94 The Trusteeship Council
§ 95 Sovereignty over trust territories
Neutralised States
§ 96 Concept of neutralised states
§ 97 Switzerland
§ 98 Austria
The Holy See
§ 99 The former Papal States
§ 100 The Italian Law of Guarantee 1871
§ 101 The Lateran Treaty 1929
§ 102 The status of the Vatican City in international law
Ch.3 Position of the states in international law
Bases of Statehood
§ 103 International personality
§ 104 The legal bases of statehood
§ 105 Declaration on Principles of International Law concerning Friendly Relations and Cooperation among States 1970
§ 106 Economic rights and duties of states
Equality of States in International Law
§ 107 Equality an inference from the basis of international law
§ 108 Equality of states and international legislation
§ 109 Equality of states and immunity from jurisdiction
§ 110 Exceptions to jurisdictional immunity
§ 111 Equality of states and government action affecting state property
§ 112 State equality and recognition of foreign official acts: ‘act of state’
§ 113 Foreign legislation contrary to international law
§ 114 State equality and non-discrimination
Dignity
§ 115 Consequences of the dignity of states
§ 116 Maritime ceremonials
Independence and Territorial and Personal Authority
§ 117 Independence and territorial and personal authority, as aspects of sovereignty
§ 118 Consequences of independence and territorial and personal authority
§ 119 Violations of independence and territorial and personal authority
§ 120 Restrictions upon independence
§ 121 Restrictions upon territorial authority
§ 122 Subversive activities against other states
§ 123 Restrictions upon personal authority
§ 124 Abuse of rights
§ 125 Protection of the environment
Self-Preservation and Self-Defence
§ 126 Self-preservation
§ 127 The right of self-defence
Intervention
§ 128 Prohibition of intervention
§ 129 Concept and character of intervention
§ 130 Assistance on request
§ 131 Circumstances which may justify intervention
§ 132 Collective intervention in the general interest
§ 133 Political aspects of intervention
Intercourse
§ 134 Intercourse between states
§ 135 Rights of intercourse and economic cooperation
Jurisdiction
§ 136 State jurisdiction in general
§ 137 Territorial jurisdiction
§ 138 Jurisdiction over citizens abroad
§ 139 Jurisdiction over foreigners in foreign states
§ 140 The Lotus case
§ 141 Jurisdiction at sea and in the air
§ 142 Warsaw and Rome Conventions
§ 143 Legal cooperation and assistance
§ 144 Non-enforcement of foreign public law
Ch.4 Responsibility of states
On State Responsibility in General
§ 145 Nature of state responsibility
§ 146 Concept of international wrongs
§ 147 States as subjects of international wrongs
§ 148 Individuals as subjects of international wrongs
§ 149 The basis of responsibility
§ 150 Nationality of claims
§ 151 Nationality of claims: double nationality
§ 152 Nationality of claims: corporations
§ 153 Exhaustion of local remedies
§ 154 Bar by lapse of time (extinctive prescription)
§ 155 Reparation as a consequence of international wrongs
§ 156 Penal damages
§ 157 Criminal responsibility of states
§ 158 International claims
State Responsibility for Acts of State Organs
§ 159 Responsibility varies with organs concerned
§ 160 Internationally injurious acts of Heads of States
§ 161 Internationally injurious acts of members of governments
§ 162 Internationally injurious acts of diplomatic envoys
§ 163 Internationally injurious activity of parliaments
§ 164 Internationally injurious acts of judicial organs. Denial of justice
§ 165 Internationally injurious acts of administrative officials and members of armed forces
State Responsibility for Acts of Private Persons
§ 166 State responsibility for acts of private persons
§ 167 Responsibility for acts of insurgents and rioters
Part 2 The objects of international law
Ch.5 State territory
On State Territory in General
§ 168 Concept of state territory
§ 169 Importance of state territory
§ 170 Divisibility of territorial sovereignty
The Different Parts of State Territory
§ 171 Land, internal waters, territorial sea
(1) National or internal waters
(2) Territorial sea
§ 172 Archipelagic waters
§ 173 Airspace
§ 174 Other areas of coastal state jurisdiction and rights
Rivers
§ 175 Rivers as territory of riparian states
§ 176 Rights of navigation: the Danube
§ 177 Other European rivers after the First World War
§ 178 Barcelona Convention 1921
§ 179 Utilisation of the flow of international rivers
§ 180 Helsinki Rules
§ 181 Work of the International Law Commission
Lakes and Land-Locked Seas
§ 182 Lakes and land-locked seas
Canals
§ 183 Canals in general
§ 184 The Suez Canal
§ 185 The Kiel Canal
§ 186 The Panama Canal
The Territorial Sea and the Contiguous Zone
§ 187 Concept of territorial sea
§ 188 The normal territorial sea baseline
§ 189 The mouths of rivers
§ 190 Islands and islets
§ 191 Reefs and atolls
§ 192 Low-tide elevations
§ 193 Ports, harbours and roadsteads and the baseline
§ 194 Straight baselines
§ 195 Lighthouses outside the territorial sea
§ 196 Breadth of the territorial sea
§ 197 Territorial sea boundaries
§ 198 Navigation within the territorial sea
§ 199 Definition of innocent passage
§ 200 Coastal state laws and regulations and innocent passage
§ 201 Warships and innocent passage
§ 202 Jurisdiction within the territorial sea
§ 203 Jurisdiction in ports and harbours
§ 204 Vessels in distress
§ 205 The contiguous zone
Gulfs and Bays
§ 206 Territorial gulfs and bays
§ 207 Historic bays
§ 208 ‘Vital’ bays and waters
§ 209 Pluristatal bays
Straits
§ 210 International straits and passage
§ 211 Transit passage
§ 212 Innocent passage of certain straits
§ 213 The Bosphorus and the Dardanelles
Archipelagoes and Archipelagic States
§ 214 Regime of archipelagoes
§ 215 Archipelagic states
§ 216 Archipelagic waters
§ 217 Rights of passage and overflight
The Air and Aerial Navigation
§ 218 Early theories
§ 219 Paris Convention 1919
§ 220 Chicago Civil Aviation Convention 1944
§ 221 Other Chicago instruments
§ 222 The ICAO
§ 223 Bilateral agreements
§ 224 Other multilateral conventions
§ 225 Radio communications
Boundaries of State Territory
§ 226 Territorial boundaries
§ 227 Boundary treaties
§ 228 Boundary maps
§ 229 Boundary rivers
§ 230 Boundary lakes and inland seas
§ 231 Mountain boundaries
§ 232 Boundary disputes
§ 233 Boundary and territorial disputes distinguished
§ 234 Third states
§ 235 Uti possidetis
State Servitudes
§ 236 So-called state servitudes
§ 237 Subjects and objects of such rights
§ 238 Servitudes rights in rem
§ 239 Extinction of state servitudes
§ 240 Land-locked states
Modes of Acquisition of State Territory
§ 241 Who can acquire state territory
§ 242 Former doctrines concerning acquisition of territory
§ 243 Modes of acquisition of state territory
Cession
§ 244 Concept of cession of state territory
§ 245 Form of cession
§ 246 Tradition of ceded territory
§ 247 Third states
§ 248 Plebiscite
§ 249 Option of nationality and emigration
Occupation
§ 250 Concept of occupation
§ 251 Elements of occupation
(1) Possession
(2) Administration
§ 252 Inchoate title of discovery
§ 253 Extent of occupation
§ 254 Spheres of influence
§ 255 Consequences of occupation
§ 256 The Polar regions
§ 257 The Antarctic Treaty
Accretion
§ 258 Concept of accretion
§ 259 Artificial formations
§ 260 Alluvion
§ 261 Abandoned river beds
§ 262 Newborn islands
Subjugation
§ 263 Concepts of conquest and subjugation
§ 264 Germany after the Second World War
§ 265 Subjugation distinguished from belligerent occupation
§ 266 Consequences of subjugation
§ 267 Veto of third states
§ 268 Renunciation of force or threat of force and title to territory
Prescription
§ 269 Concept of prescription
§ 270 Conditions for prescription
Historic Titles, Critical Date, Self-Determination
§ 271 Continuous display of territorial sovereignty
§ 272 Consolidation of historic titles
§ 273 The critical date
§ 274 Self-determination
§ 275 Attitude of the international community
Loss of State Territory
§ 276 Six modes of losing state territory
Ch.6 The high seas
Rise of the Freedom of the High Seas
§ 277 Former claims to control over the sea
§ 278 Grotius’s attack on maritime sovereignty
§ 279 Gradual recognition of the freedom of the high seas
Concept of the High Seas
§ 280 Meaning of high seas
§ 281 The 1958 Geneva Conference
§ 282 UNCLOS III
§ 283 The status of the 1982 Convention
The Freedom of the High Seas
§ 284 Meaning of the freedom of the high seas
§ 285 Navigation and other freedoms on the high seas
§ 286 Discrepancies between the 1958 and 1982 Conventions
Jurisdiction on the High Seas
§ 287 The nationality of ships and aircraft
§ 288 The ‘genuine link’
§ 289 Maritime flags of land-locked states and international organisations
§ 290 Ships’ papers and names
§ 291 The scope of flag jurisdiction
§ 292 Jurisdictional immunity of warships and public vessels
§ 293 Powers of warships over merchantmen
Verification of flag
Abuse of flag
Rights conferred by treaty
§ 294 The right of hot pursuit
§ 295 Escorting arrested vessels on the high seas
§ 296 Safety of traffic on the high seas
§ 297 The Load Line Convention
§ 298 Duty to render assistance
Piracy and Related Offences
§ 299 Concept of piracy
§ 300 Public ships and piracy
§ 301 Mutinous crew and passengers
§ 302 Object of piracy
§ 303 Where piracy can be committed
§ 304 Jurisdiction over pirates and their punishment
§ 305 Piracy according to municipal law
Fisheries on the High Seas
§ 306 Fishing as a high seas freedom
§ 307 High seas fisheries treaties
§ 308 Regulation of whaling
§309 Geneva Convention and the 1982 Convention
Submarine Cables and Pipelines
§ 310 Telegraph cables in the open sea
§ 311 International protection of submarine telegraph cables
§ 312 Pipelines
Radio Communication and the High Seas
§ 313 Radio communication on the high seas
Continental Shelf
§ 314 Early claims to seabed and subsoil under high seas
§ 315 The Truman Proclamation and the resulting practice
§ 316 Nature of the continental shelf
§ 317 Continental shelf rights
§ 318 Continental shelf resources
§ 319 Waters superjacent to continental shelf
§ 320 Installations, structures and artificial islands
§ 321 Tunnelling
§ 322 Continental shelf beyond 200 miles
§ 323 Continental shelf delimitation
§ 324 The North Sea cases
§ 325 1982 Convention, Article 83
§ 326 Later cases
Fishery Zones and the Exclusive Economic Zone
§ 327 The beginnings of fishery zone claims
§ 328 The exclusive economic zone
§ 329 Sources of EEZ law
§ 330 1982 Convention provisions
§ 331 The rights and duties of the coastal state
§ 332 The rights and duties of other states
§ 333 Artificial islands, installations and structures in the EEZ
§ 334 Living resources of the EEZ
§ 335 The allowable catch
§ 336 Land-locked and geographically disadvantaged states
§ 337 Fish stocks and boundaries
§ 338 Marine mammals
§ 339 Anadromous stocks
§ 340 Catadromous species
§ 341 Enforcement of coastal state laws
§ 342 Navigation and other freedoms
§ 343 Overflight
§ 344 Non-living resources
§ 345 Fishing zones of 200 miles
§ 346 Delimitation of the EEZ
§ 347 A single maritime boundary
Marine Scientific Research
§ 348 The Geneva Convention
§ 349 The Convention on the Law of the Sea
The Area and Deep Sea Mining
§ 350 Part XI of the 1982 Convention
§ 351 Position of non-parties
§ 352 Other agreements
The Protection and Preservation of the Marine Environment
§ 353 Agreements on pollution
§ 354 The Torrey Canyon and the Brussels Conference
§ 355 The 1982 Convention ‘General Provisions’
§ 356 The 1982 Rules and Regulations
§ 357 Enforcement of the 1982 regime
§ 358 Enforcement and transit passage
§ 359 Responsibility and liability
§ 360 Sovereign immunity
§ 361 Legal status of Part XII
Ch.7 Outer Space
Outer Space
§ 362 Beginnings of space law
§ 363 The Outer Space Treaty 1967
§ 364 Responsibility, liability and jurisdiction
§ 365 Space accidents and the Astronauts Agreement 1968
§ 366 The Registration Convention 1974
§ 367 The Liability Convention 1971
§ 368 The Moon Treaty 1979
§ 369 International organisations
§ 370 Definition of outer space
§ 371 Geostationary orbit
§ 372 Telecommunications space stations, etc
§ 373 Remote sensing
Ch.8 Individuals
Position of Individuals in International Law
§ 374 Importance of individuals to international law
§ 375 Individuals as subjects of international law
§ 376 Nationality the link between individuals and international law
§ 377 International law and the rights of mankind
Nationality
§ 378 Concept of nationality
§ 379 Function of nationality
§ 380 Corporations
§ 381 Nationality and emigration
§ 382 The right of expatriation
Acquisition and Loss of Nationality
§ 383 Five modes of acquisition of nationality
§ 384 Acquisition of nationality by birth
§ 385 Citizenship within the Commonwealth
§ 386 Acquisition of nationality through naturalisation
§ 387 Naturalisation by grant on application
§ 388 Effect of naturalisation upon previous nationality
§ 389 Acquisition of nationality through redintegration
§ 390 Acquisition of nationality through annexation and cession
§ 391 Modes of losing nationality
Release
Deprivation
Expiration
Renunciation
Substitution
Double Nationality and Statelessness
§ 392 Possibility of double nationality and statelessness
§ 393 How double nationality occurs
§ 394 Position of individuals with double nationality
§ 395 Regulation of double nationality by treaty
§ 396 How statelessness occurs
§ 397 Position of stateless individuals
§ 398 Regulation of statelessness by treaty
§ 399 Refugees
Reception of Aliens and Right of Asylum
§ 400 Admission of aliens
§ 401 Reception of aliens under conditions
§ 402 The so-called right of asylum
Position of Aliens After Reception
§ 403 Position of aliens in general
§ 404 Personal position of aliens
§ 405 Protection afforded to the persons and property of aliens
§ 406 Aliens in certain African and Asian states
§ 407 Property of aliens: expropriation
§ 408 State debts and other contracts with aliens
§ 409 National and international standard of treatment: non-discrimination
§ 410 Aliens and the protection of their home state
§ 411 Protection of non-nationals
§ 412 Departure from the foreign country
Expulsion of Aliens
§ 413 Competence to expel aliens
§ 414 How expulsion is effected
Extradition
§ 415 Absence of legal duty of extradition
§ 416 Rise of extradition treaties
§ 417 National extradition laws
§ 418 Extradition of nationals
§ 419 Extraditable crimes
§ 420 Conditions of extradition
Principle of Non-Extradition of Political Criminals
§ 421 Origin of the principle
§ 422 Difficulty concerning the concept of political crime
§ 423 National law and the concept of political crimes
§ 424 International attempts to limit the meaning of ‘political offence’
The Protection of Minorities
§ 425 Before the First World War
§ 426 After the First World War
§ 427 The sanctions of the minority clauses
§ 428 After the Second World War
Slavery, Slave Traffic, and Forced Labour
§ 429 Slavery and the slave traffic
§ 430 Abolition of forced labour
International Protection of Human Rights
§ 431 The bases of the international protection of human rights
§ 432 Protection of workers: the ILO
§ 433 The Charter of the United Nations and Human Rights
§ 434 The Genocide Convention
§ 435 Crimes against humanity
§ 436 An International Bill of Human Rights: progress towards an effective code
§ 437 The Universal Declaration of Human Rights
§ 438 United Nations Commission on Human Rights
§ 439 Racial discrimination
§ 440 Covenants on Economic, Social, Cultural, Civil and Political Rights
§ 441 Rights of women
§ 442 The protection of human rights in Europe
§ 443 Inter-American protection of human rights
§ 444 Protection of human rights in Africa
Part 3 Organs of the states for their international relations
Ch.9 Heads of States and Foreign Offices
Position of Heads of State According to International Law
§ 445 Heads of States in general
§ 446 Competence of Heads of States
§ 447 Honours and privileges of Heads of States
Monarchs and Presidents
§ 448 Sovereignty of monarchs
§ 449 Presidents not sovereigns
Consideration Due to Monarchs and Presidents
§ 450 Monarchs and presidents treated similarly
§ 451 Consideration due to Heads of States abroad
§ 452 The retinue of Heads of States abroad
§ 453 The families of Heads of States abroad
§ 454 Position abroad of a Head of State in a private capacity
§ 455 Head of State travelling incognito
§ 456 Deposed and abdicated Heads of States
§ 457 Regents
§ 458 Heads of States in the service of foreign states
Foreign Offices
§ 459 Position of the Minister for Foreign Affairs
§ 460 Conclusiveness of statements of foreign ministries before national courts
Ch.10 Diplomatic envoys
The Institution of Legation
§ 461 Development of legations
§ 462 Diplomacy
§ 463 The language of diplomacy
Right of Legation
§ 464 Concept of the right of legation
§ 465 What states possess the right of legation
§ 466 By whom the right of legation is exercised
§ 467 Diplomatic relations
Kinds and Classes of Diplomatic Envoys
§ 468 Envoys ceremonial and political
§ 469 Classes of diplomatic envoys
§ 470 Ambassadors
§ 471 Ministers and envoys
§ 472 Chargés d’affaires
§ 473 The diplomatic corps
Appointment of Diplomatic Envoys
§ 474 Person and qualifications of the envoy
§ 475 Letters of credence, full powers
§ 476 Combined diplomatic missions
§ 477 Appointment of several envoys
Reception of Diplomatic Envoys
§ 478 No duty to receive diplomatic envoys
§ 479 Refusal to receive a certain individual
§ 480 Mode and solemnity of reception
§ 481 Reception of envoys to conferences, and to international organisations
Functions of Diplomatic Envoys
§ 482 On diplomatic functions in general
§ 483 Negotiation
§ 484 Observation
§ 485 Protection
§ 486 Miscellaneous functions
§ 487 Abstention from interference in internal affairs
Position of Diplomatic Envoys
§ 488 Diplomatic envoys objects of international law
§ 489 Privileges due to diplomatic envoys
§ 490 Vienna Convention on Diplomatic Relations 1961
§ 491 Diplomatic envoys and members of the staff of the mission
Inviolability
§ 492 Protection due to diplomatic agents
§ 493 Limitation of inviolability
§ 494 Inviolability of diplomatic premises
§ 495 So-called diplomatic asylum
§ 496 The Asylum case between Colombia and Peru
§ 497 Inviolability of other diplomatic property
§ 498 Inviolability of diplomatic communications
Immunities and Privileges of Diplomatic Agents
§ 499 Reason for immunities and privileges of diplomatic agents
§ 500 Exemption from civil jurisdiction
§ 501 Exemption from criminal jurisdiction
§ 502 Exemption from police
§ 503 Waiver of immunity and abuse of diplomatic privilege
§ 504 Exemption from subpoena as witnesses
§ 505 Exemption from taxes, local charges, and customs
Taxation
Local charges
Customs duties
§ 506 Right of chapel
§ 507 Self-jurisdiction
§ 508 Miscellaneous privileges and exemptions
§ 509 Duration of privileges and immunities
Persons other than Diplomatic Agents
§ 510 Persons other than diplomatic agents
§ 511 Members of the staff of the mission
§ 512 Private servants
§ 513 Families
§ 514 Diplomatic couriers
Position of Members of Diplomatic Missions as Regards Third States
§ 515 Possible cases
§ 516 Envoy travelling through territory of third state
§ 517 Envoy found by belligerent on occupied enemy territory
§ 518 Legal proceedings in a third state
Termination of Diplomatic Mission
§ 519 Termination of diplomatic missions and breach of diplomatic relations
§ 520 Expiration of letter of credence
§ 521 Recall
§ 522 Dismissal
§ 523 Breach of diplomatic relations
§ 524 Promotion to a higher class
§ 525 Outbreak of war
§ 526 Constitutional changes
§ 527 Revolutionary changes
§ 528 Extinction of sending or receiving state
§ 529 Death of envoy
§ 530 Consequences of termination
Special Missions
§ 531 Special missions in general
§ 532 Conferences
§ 533 Convention on Special Missions 1969
Ch.11 Consuls
The Institution of Consuls
§ 534 Development of the institution of consuls
§ 535 Nature of consular activity
§ 536 Consular conventions
Consular Organisation
§ 537 Different kinds of consuls
§ 538 Consular districts
§ 539 Different classes of consuls
§ 540 Consuls subordinate to diplomatic envoys
Appointment of Consuls
§ 541 No obligation to admit consuls
§ 542 Right to appoint consuls
§ 543 Mode of appointment and of admittance
Functions of Consuls
§ 544 Consular functions in general
§ 545 Promotion of commerce and industry
§ 546 Supervision of navigation and aircraft
§ 547 Protection
§ 548 Notarial functions
Position and Privileges of Consuls
§ 549 Position of consuls
§ 550 Consular privileges
§ 551 Duration of privileges and immunities
§ 552 Obligations of third states
Termination of Consular Office
§ 553 Causes of termination
§ 554 Change in headship of states
§ 555 Consequences of termination
Ch.12 Miscellaneous agencies
Armed Forces on Foreign Territory
§ 556 Armed forces as state organs
§ 557 Occasions for armed forces to be abroad
§ 558 Position of armed forces abroad
§ 559 United Nations forces
State Ships Outside National Waters
§ 560 Warships as state organs
§ 561 Proof of character as warships
§ 562 Occasions for warships to be abroad
§ 563 Position of warships in foreign waters
§ 564 Position of crew when on land abroad
§ 565 State ships other than warships
Agents Without Diplomatic or Consular Character
§ 566 Agents lacking diplomatic or consular character
§ 567 Political agents
§ 568 Commercial agents
§ 569 Clandestine agents: spies
§ 570 Members of commissions
§ 571 Observers and inspectors
Part 4 International transactions
Ch.13 On international transactions in general
Negotiation
§ 572 Different kinds of international transaction
§ 573 Consultation and negotiation
Conferences
§ 574 Conferences
§ 575 Conferences: parties and procedure
Transactions Besides Negotiation and Treaties
§ 576 Unilateral acts: general
§ 577 Declarations
§ 578 Notification
§ 579 Protest
§ 580 Renunciation
Ch.14 Treaties
Character and Function of Treaties
§ 581 Development of the law of treaties: Vienna Conventions on the Law of Treaties 1969 and 1986
§ 582 Concept of treaties
§ 583 So-called law-making treaties
§ 584 Binding force of treaties
Form and Parts of Treaties
§ 585 Form of treaties
§ 586 Acts, conventions, declarations, exchanges of notes, etc
§ 587 Parts of treaties
Objects of Treaties
§ 588 Objects of treaties in general
§ 589 Obligations limited to contracting parties
§ 590 Effects of treaties inconsistent with other treaty obligations
§ 591 Consequences of concluding treaties inconsistent with prior treaty obligations
§ 592 Treaties inconsistent with the Charter of the United Nations
§ 593 Immoral obligations
§ 594 Ius cogens
Parties to Treaties
§ 595 Treaty-making capacity of states
§ 596 Treaty-making capacity of international organisations
§ 597 Exercise of the treaty-making power: full powers
Conclusion and Entry into Force of Treaties
§ 598 Adoption and authentication of the text of a treaty
§ 599 Mutual consent of the contracting parties
§ 600 Signature
§ 601 Exchange of instruments
§ 602 Ratification: concept and function
§ 603 Requirements of ratification
§ 604 Delay in ratification
§ 605 Refusal of ratification
§ 606 Form and mode of ratification
§ 607 Partial and conditional ratification
§ 608 Exchange, deposit and notification of ratifications
§ 609 Effect of ratification
§ 610 Acceptance and approval of treaties
§ 611 Accession
§ 612 Effects prior to entry into force
§ 613 Date and manner of entry into force
Reservations
§ 614 Meaning and purpose of reservations
§ 615 When reservations are prohibited
§ 616 Effects of reservations on participation in a treaty (1)
§ 617 Effects of reservations on participation in a treaty (2)
§ 618 Effects of reservations on the terms of the treaty
§ 619 Withdrawal of reservations, and procedure
Effect of Treaties
§ 620 Effect of treaty on the parties
§ 621 Territorial scope of treaties
§ 622 Effect of treaties upon individuals
§ 623 Effect of changes in government upon treaties
§ 624 Amendment of treaties
§ 625 Securing the performance of treaties
Charges
Occupation of territory
Guarantee
Monitoring procedures
Retributive action under express treaty provisions
International enforcement action
Legal proceedings
Retaliatory action
Treaties and Third States
§ 626 Effects of treaties upon third states
§ 627 Indirect imposition of obligations upon non-parties
§ 628 Participation of third states in treaties
Interpretation of Treaties
§ 629 Purpose of interpretation
§ 630 Authentic interpretation
§ 631 Rules of interpretation
§ 632 General rule of interpretation
§ 633 Supplementary means of interpretation
§ 634 Plurilingual treaties
Invalidity of Treaties
§ 635 Invalidity in general
§ 636 Constitutional restrictions
§ 637 Restrictions on representative’s powers
§ 638 Error
§ 639 Fraud
§ 640 Corruption
§ 641 Coercion
§ 642 Conflict with ius cogens
§ 643 Procedure in cases of invalidity
§ 644 Consequences of invalidity
Withdrawal, Termination and Suspension
§ 645 In general
§ 646 Consent of the parties
§ 647 Denunciation or withdrawal by notice
§ 648 Conclusion of a later treaty
§ 649 Breach
§ 650 Supervening impossibility of performance
§ 651 Fundamental changes of circumstances
§ 652 Severance of diplomatic or consular relations
§ 653 Emergence of new rule of ius cogens
§ 654 Extinction, or change of status, of a party
§ 655 War
§ 656 Procedure
§ 657 Consequences of termination, withdrawal or suspension of operation
Renewal, Reconfirmation, and Redintegration of Treaties
§ 658 Renewal of treaties
§ 659 Reconfirmation
§ 660 Redintegration
Depositaries and Registration
§ 661 Depositaries
§ 662 Registration of treaties under the Covenant
§ 663 Registration of treaties under the Charter
Ch.15 Important groups of treaties
Alliances
§ 664 Concept of alliances
§ 665 Alliances under the Charter of the United Nations
§ 666 The casus foederis
Treaties of Guarantee and of Protection
§ 667 Concept and objects of treaties of guarantee
§ 668 Effect of treaties of guarantee
Most Favoured Nation Treaties
§ 669 Most favoured nation treaties
Matters covered
Levels of treatment
Conditional and unconditional clauses
Exclusions
Multilateral treaties
Developing countries and most favoured nation clauses
Further Material
Index
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Part 2 The objects of international law, Ch.6 The high seas, Piracy and Related Offences
Sir Robert Jennings qc, Sir Arthur Watts kcmg qc
From:
Oppenheim's International Law: Volume 1 Peace (9th Edition)
Edited By: Sir Robert Jennings QC, Arthur Watts KCMG QC
Content type:
Book content
Product:
Oxford Scholarly Authorities on International Law [OSAIL]
Published in print:
19 June 2008
ISBN:
9780582302457
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44.200.82.149