Users without a subscription are not able to see the full
content. Please,
subscribe
or
login
to access all content.
Contents
- Preliminary Material
- Main Text
- Introduction
- Ch.1 Foundation of international law
- The Nature of International Law
- Sources of International Law
- Relation between International and Municipal Law
- 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
- Ch.1 Foundation of international law
- Part 1 The subjects of international law
- Ch.2 International persons
- Sovereign States as International Persons
- Recognition of States and Governments
- § 38 Recognition in general
- § 39 Recognition and membership of the international community
- § 40 Recognition of states
- § 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
- § 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
- § 56 Consequences of non-recognition
- Changes in the Condition of States
- Succession of States
- § 60 Succession of states
- § 61 How far succession takes place
- § 62 Absorption or merger
- § 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
- Composite International Persons
- The Commonwealth
- States Under Protection
- Dependent Territories
- Mandated Areas
- Territories under the System of Trusteeship
- Neutralised States
- The Holy See
- Ch.3 Position of the states in international law
- Bases of Statehood
- 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
- 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
- Intervention
- Intercourse
- 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
- On State Responsibility in General
- Ch.2 International persons
- Part 2 The objects of international law
- Ch.5 State territory
- On State Territory in General
- The Different Parts of State Territory
- Rivers
- Lakes and Land-Locked Seas
- Canals
- 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
- Straits
- Archipelagoes and Archipelagic States
- The Air and Aerial Navigation
- Boundaries of State Territory
- State Servitudes
- Modes of Acquisition of State Territory
- Cession
- Occupation
- Accretion
- Subjugation
- Prescription
- Historic Titles, Critical Date, Self-Determination
- Loss of State Territory
- Ch.6 The high seas
- Rise of the Freedom of the High Seas
- Concept of the High Seas
- The Freedom of the High Seas
- 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
- § 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
- Fisheries on the High Seas
- Submarine Cables and Pipelines
- Radio Communication and 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
- The Area and Deep Sea Mining
- 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
- Outer Space
- Ch.8 Individuals
- Position of Individuals in International Law
- Nationality
- 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
- 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
- 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
- Extradition
- Principle of Non-Extradition of Political Criminals
- The Protection of Minorities
- Slavery, Slave Traffic, and 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
- Ch.5 State territory
- 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
- Monarchs and Presidents
- 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
- Ch.10 Diplomatic envoys
- The Institution of Legation
- Right of Legation
- Kinds and Classes of Diplomatic Envoys
- Appointment of Diplomatic Envoys
- Reception of Diplomatic Envoys
- Functions of Diplomatic Envoys
- Position of Diplomatic Envoys
- Inviolability
- 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
- § 506 Right of chapel
- § 507 Self-jurisdiction
- § 508 Miscellaneous privileges and exemptions
- § 509 Duration of privileges and immunities
- Persons other than Diplomatic Agents
- Position of Members of Diplomatic Missions as Regards Third States
- 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
- Ch.11 Consuls
- Ch.12 Miscellaneous agencies
- Ch.9 Heads of States and Foreign Offices
- Part 4 International transactions
- Ch.13 On international transactions in general
- Ch.14 Treaties
- Character and Function of Treaties
- Form and 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
- 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
- Treaties and Third States
- Interpretation of Treaties
- Invalidity of Treaties
- 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
- Depositaries and Registration
- Ch.15 Important groups of treaties
- Introduction
- Further Material
