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Contents
- Preliminary Material
- Main Text
- Part I Introductory
- Ch.I
- I The Doctrine of the Limitations of the Judicial Process in International Law
- II The History of the Doctrine
- § 3 The Original Scope of the Doctrine. Vattel.
- § 4 The Modern Origins of the Doctrine.
- § 5 Views of Writers Prior to the Hague Conferences.
- § 6 Kaltenborn.
- § 7 Lorimer.
- § 8 Westlake.
- § 9 The Method of Enumeration.
- § 10 Other Tests of Applicability of the Judicial Process: Justice and Adequacy of the Existing Law. The Attitude of the Parties.
- § 11 Determination by International Tribunals.
- § 12 The Conception of Justiciable Disputes.
- § 13 The Scheme of the Work.
- Ch.II
- § 14 In General.
- § 15 The Hague Conventions for Pacific Settlement.
- § 16 The Hague Arbitration Conventions.
- § 17 The Covenant of the League of Nations and the Charter of the United Nations.
- § 18 The Optional Clause of Article 36 of the Statute of the Permanent Court of International Justice and the International Court of Justice.
- § 19 Treaties with the American Formulation of Justiciability of Disputes.
- § 20 Arbitration Conventions of the Locarno Type.
- § 21 The ‘General Act’ Conventions of Pacific Settlement.
- § 21(a) Treaties without the Traditional Classification of Disputes.
- § 22 The Effect of the Doctrine of ‘Inherent Limitations’ Incorporated in Treaties.
- § 23 The Authority of the Doctrine of the Limitations of the International Judicial Function as adopted in Treaties.
- § 24 Limitations of the Judicial Function through Reservation.
- Ch.I
- Part II The International Judicial Function and the Completeness of International Law
- Ch.III
- Ch.IV
- § 8 The Peculiarities of the Problem of Gaps in International Law.
- § 9 Genuine Interpretation in International Law.
- § 10 Gaps due to Revealed Discrepancies in the Practice of States.
- § 11 Judicial Activity and Gaps due to Discrepancies of Practice.
- § 12 Spurious Interpretation in International Law.
- § 13 Judicial Activity and Spurious Interpretation.
- Ch.V
- § 14 The Formal and Material Completeness of International Law.
- § 15 Absence of an Express Rule. The ‘Savarkar’ Case.
- § 16 The Same. Questions of State Succession.
- § 17 Restrictive Interpretation of Available Sources. Extinctive Prescription.
- § 18 Freedom of Action as a Regulative Principle. The ‘Lotus’ Case.
- § 19 The Principle ‘neminem laedit qui jure suo utitur’ Closure of Buenos Ayres.
- § 20 Limits of Permissive Rules. The Behring Sea Arbitration.
- § 21 Cases ‘primae impressionis’ and the Judicial Function in International Law.
- Ch.VI
- § 22 Novelty of Action in International Judicial Settlement.
- § 23 Interpretation of Treaties and Novelty of Action.
- § 24 International Tribunals and the Function of Filling Gaps.
- § 25 Filling of Gaps by Recourse to Analogy with Rules of International Law.
- § 26 Filling of Gaps by the Application of General Principles of Law and of Principles of Private Law.
- § 27 Finding of Rules by Judicial Reconciliation of Conflicting Legal Claims.
- § 28 Filling of Gaps by reference to the Needs of the International Community and the Effectiveness of Treaty Obligations.
- § 29 The Problem of ‘non liquet’ in the History of International Arbitration.
- § 30 The Question of ‘non liquet’ in Boundary and Territorial Disputes. The Island of Palmas Arbitration.
- § 31 Conclusions.
- Part III Political Disputes and the Judicial Function in International Law
- Ch.VII
- I Political Disputes in General
- II The History of International Arbitration and the Justiciability of Important Issues
- § 3 The British-American Arbitrations. Arbitrations under the Jay Treaty and other Mixed Commissions.
- § 4 The Alabama Arbitration.
- § 5 The British Guiana and Alaska Arbitrations.
- § 6 The North Atlantic Fisheries Arbitration.
- § 7 Relevance of the Historical Instances of Judicial Settlement of Important Issues.
- III Relation between Legal and Political Disputes
- Ch.VIII
- Ch.IX
- § 16 The Subjective Element in the Conception of Political Disputes.
- § 17 Ascertainment of the Political Character of the Dispute.
- § 18 Conception of Political Disputes as part of Legal Obligations.
- § 19 The Element of Good Faith.
- § 20 Historical Instances. German State Succession Claims against Great Britain.
- § 21 The Panama Canal Tolls Controversy.
- § 22 The Tunis and Morocco Nationality Decrees Case.
- § 23 Political Character of Legal Disputes under the Optional Clause. The Belgian-Chinese Controversy in 1926.
- Ch.X
- § 24 The Impartiality of International Tribunals and the Problem of Obligatory Judicial Settlement.
- § 25 Impartiality as between the Parties to the Dispute.
- § 26 Impartiality between Judicial Idealism and Claims of Sovereignty. The Right to determine Jurisdiction.
- § 27 International Tribunals and State Sovereignty.
- § 28 Political Impartiality and Personal Integrity.
- § 29 The Problem of Political Impartiality.
- § 30 International Judicial Function and Represen-tation of Interests.
- § 31 The Impartiality of Neutral Judges.
- § 32 Elimination of the Element of Representation of Interests. The Problem of National Judges.
- § 33 The Attitude of the National Judges on the Per-manent Court of International Justice.
- § 34 Representation of Interests and the Impartiality of the Court.
- § 35 The Current Arguments in Favour of the Institution of National Judges.
- § 36 Safeguards of Impartiality of Judges. Improve-ments in the Method of Election.
- Ch.VII
- Part IV Stability and Change in International Law
- Ch.XI
- § 1 The Absence of an International Legislature as a Reason for the Limitation of the Jurisdiction of Courts.
- § 2 The Problem of Change in International Relations.
- § 3 International Legislation as an Instrument of Change.
- § 4 Judicial Adaptation of the Law to Changed Conditions.
- § 5 The Absence of Provisions for Change and the Justiciability of International Disputes.
- Ch.XII
- Ch.XIII
- § 10 The Doctrine ‘rebus sic stantibus’ as the Negation of International Law.
- § 11 The Doctrine ‘rebus sic stantibus’ as a General Principle of Law.
- § 12 The Scope and Limitations of the Judicial Application of the Doctrine ‘rebus sic stantibus’.
- § 13 The Justiciability of Disputes Involving the Application of the Doctrine ‘rebus sic stantibus’.
- § 14 So-called Inter-temporal Law. Changes in the Law and Continuance of Rights.
- Ch.XIV
- § 15 History of the Doctrine.
- § 16 The Practice of International Tribunals.
- § 17 The Practice of Quasi-international Tribunals.
- § 18 The Prohibition of Abuse of Rights as a General Principle of Law.
- § 19 The Prohibition of Abuse of Rights as the Basis of the Law of Torts.
- § 20 The Function of the Doctrine of ‘Abus des Droits’ in International Law.
- § 21 Further Instances of the Application of the Doctrine of Abuse of Rights in International Law.
- § 22 The Extent and the Limitations of the Application of the Doctrine of Abuse of Rights in International Law.
- Ch.XV
- § 23 In General.
- § 24 Conferment of the Power to lay down Regulations.
- § 25 Conferment of the Power to propose Recommendations.
- § 26 Recommendations by the Tribunal ‘proprio motu’.
- § 27 Conferment of the Power to decide ‘ex aequo et bono’.
- § 28 Regulation of Interests and the Judicial Character of International Tribunals.
- § 29 The Right of the Permanent Court of International Justice to decide ‘ex aequo et bono’.
- § 30 The Adequacy of International Tribunals to regulate Interests ‘ex aequo et bono’.
- § 31 The Need for Legislative Decisions ‘ex aequo et bono’ on the part of International Judicial Tribunals.
- § 32 The Practical Limits of Legislative Decisions ‘ex aequo et bono’.
- § 33 Legislation ‘ad hoc’ by the Parties to the Dispute.
- Ch.XVI
- Ch.XI
- Part V Disputes as to Rights and Conflicts of Interests
- Ch.XVII
- § 1 Claims for a Change in the Existing Law.
- § 2 The Meaning of the Term ‘Disputes as to Respective Rights’.
- § 3 Disputes as to Rights and the Provisional Ascertainment of the Justiciability of a Dispute.
- § 4 The Provisional Ascertainment of ‘Arbitrability’ in the Moroccan Claims Case.
- § 5 Provisional Ascertainment of Justiciability in the Fourth Advisory Opinion.
- § 6 The Conception of ‘Disputes as to Respective Rights’ and the Practice of States.
- § 7 Conflicts of Interests and the Reign of Law in International Society.
- § 8 Conflicts of Interests and the Classification of International Disputes.
- Ch.XVIII
- § 9 Settlement of Conflicts of Interests under the Reign of Law.
- § 10 The Rejection of Obligatory Settlement of Conflicts of Interests by the General Act and Similar Conventions.
- § 11 The ‘ex aequo et bono’ Clause of the General Act.
- § 12 Arbitration and Compulsory Settlement of ‘Conflicts of Interests’.
- Ch.XVII
- Part VI The Limits of the Rule of Law
- Ch.XIX
- § 1 In General.
- § 2 Administrative Law. Limitations of the Law and Limitations of Judicial Process.
- § 3 Act of State. Political Questions. Conclusiveness of the Statements of the Executive.
- § 4 Limitations of the Sphere of Law Inherent in the Nature of the Legal Function.
- § 5 Limitations of Time and Place.
- § 6 Self-help.
- § 7 Real and Apparent Analogy with Municipal Law.
- Ch.XX
- I The Nature of International Law as a Problem of General Jurisprudence
- II International Law as a Law of Co-ordinate Entities
- § 13 Subordination and ‘Co-ordination’ in Law.
- § 14 The Doctrine of Co-ordination and the Theory of Self-limitation.
- § 15 The Doctrine of Co-ordination and the Supremacy of Force. Kaufmann.
- § 16 The International Law of Co-ordination as based on Law-making Agreements.
- § 17 The Law of Co-ordination and the Rule ‘pacta sunt servanda’. Cavaglieri and Anzilotti.
- §18 The Rule ‘pacta sunt servanda’ and the Justiciability of International Disputes.
- §19 The ‘Initial Hypothesis’ and the Rule of Law.
- III The Judicial Function and the Legal Nature of International Law
- Ch.XIX
- Part I Introductory
- Further Material
- Appendix Limitation of the Judicial Function in Disputes Between State-Members of Composite States
- The Supreme Court of the United States. Political Claims of Indian Tribes against the States of the Union.
- Boundary Disputes involving Questions of Sovereignty and Jurisdiction. State of Rhode Island v. State of Massachusetts
- Claims not based on a Recognized Rule of International Law. Diversion of Waters.
- Dismissal of the Claim and the Limitation of Jurisdiction. The State of South Australia v. The State of Victoria.
- The Same. Dominion of Canada v. The Province of Ontario.
- The Proposed Arbitral Tribunal in the British Commonwealth of Nations.
- Justiciability of Disputes between German States and Swiss Cantons.
- Index
- Appendix Limitation of the Judicial Function in Disputes Between State-Members of Composite States
