International Law

Höfundur David Pataraia

Útgefandi Taylor & Francis

Snið ePub

Print ISBN 9781032101248

Útgáfa 1

Útgáfuár 2022

8.890 kr.

Description

Efnisyfirlit

  • Cover Page
  • Half Title Page
  • Title Page
  • Copyright Page
  • Contents Page
  • Table of cases and materials Page
  • List of figures Page
  • Preface Page
  • Acknowledgments Page
  • 1. The essence of law and the nature of international law
  • Introductory remarks
  • Legal systems
  • Theories of law
  • The essence of law
  • a) The law as a normative system
  • b) The law as a systematised body of norms
  • c) The law as instituted by the state or the interstate system
  • d) The law as applied through the structure which has instituted it
  • e) The mission of law – to avoid conflicts and to establish civil peace
  • The notion of international law
  • Development of international law
  • Specifics of international law
  • a) Interstate system
  • b) State as the main subject of international law
  • c) Sources and norms of international law
  • d) International law as applied by subjects
  • e) Avoidance of war and institution of peace
  • Cases and materials (selected parts)
  • 2. Sources of international law
  • Article 38 of the Statute of the International Court of Justice
  • International treaty
  • International custom
  • General principles of law
  • Unilateral acts of states
  • Subsidiary means
  • Soft law
  • The complex arrangement of international law – is there a hierarchy?
  • International law and national law
  • Cases and materials (selected parts)
  • 3. Principles of international law concerning friendly relations and co-operation among states in accordance with the Charter of the United Nations
  • The notion of the principles of international law concerning friendly relations and co-operation among states in accordance with the Charter of the United Nations
  • The formation of the principles of international law relating to friendly relations and co-operation among states
  • The list of the principles of international law relating to friendly relations and co-operation among states
  • Equality – sovereign equality, respect for the rights inherent in sovereignty
  • Independence – non-intervention in internal affairs
  • Peaceful co-existence – refraining from the threat or use of force
  • The historical origins
  • Aggression
  • Right to self-defence
  • Collective security system
  • Humanitarian intervention
  • Neutrality
  • Peaceful co-existence – pacific settlement of disputes
  • Direct negotiation, good offices, and mediation
  • Inquiry and conciliation
  • International arbitration
  • International courts
  • Cases and materials (selected parts)
  • 4. The notion of the subjects of international law and the state as the main subject
  • The notion of the subject of international law
  • State
  • Traditional criteria of statehood
  • The concept of sovereignty
  • Recognition
  • State succession
  • Extinction of statehood
  • Cases and materials (selected parts)
  • 5. Other subjects of international law
  • The people as a subject of international law
  • The genesis of the principle of equal rights and self-determination of peoples
  • Defining self-determination
  • The self-determination unit
  • Mandated and trust territories and non-self-governing territories
  • International administration of territories
  • Insurgents, belligerents, and national liberation movements
  • Sui generis entities
  • Taiwan
  • Hong Kong
  • The Holy See and the Vatican City
  • The Sovereign Order of Malta
  • International Committee of the Red Cross and International Red Cross and Red Crescent Movement
  • International organisations
  • Individuals
  • Cases and materials (selected parts)
  • 6. The law of treaties
  • Basic documents on the law of treaties
  • Principles of the law of treaties
  • Definition and structure of an international treaty
  • Conclusion of an international treaty between states
  • Conclusion of international treaties and other subjects of international law
  • Interpretation of international treaties
  • Amendment and modification of international treaties
  • Invalidity, termination, and suspension of the operation of an international treaty
  • Armed conflicts and international treaties
  • Cases and materials (selected parts)
  • 7. International organisations
  • International institutions
  • United Nations
  • Foundation of the United Nations
  • General Assembly
  • Security Council
  • Economic and Social Council
  • Trusteeship Council
  • Secretariat
  • International Court of Justice
  • United Nations Specialised Agencies and Related Organisations
  • European Communities and the European Union
  • From economic to political union
  • From the European Union’s three pillars concept to the system of the distribution of competences
  • The European Union’s structure
  • The legal nature of the European Union
  • European Union law
  • The Council of Europe
  • The North Atlantic Treaty Organisation
  • Organisation for Security and Co-operation in Europe
  • Organisation of American States
  • The African Union
  • The League of Arab States
  • The Association of Southeast Asian Nations
  • Cases and materials (selected parts)
  • 8. The international protection of human rights
  • To the basics of the concept
  • Human rights milestones
  • Three generations of human rights
  • The implementation of the universal regime of human rights
  • The United Nations internal human rights bodies
  • Human rights treaty bodies
  • Regional protection of human rights
  • European human rights regime
  • Human rights regime in the Americas
  • African human rights regime
  • Cases and materials (selected parts)
  • 9. Responsibility in international law
  • The general concept of responsibility
  • State responsibility
  • Attribution of conduct to a state
  • Circumstances precluding wrongfulness
  • Content of the international responsibility of a state
  • Implementation of the international responsibility of a state
  • Responsibility of international organisations
  • Individual criminal responsibility in international law
  • From the ad hoc tribunals to the permanent international criminal court
  • International Criminal Court
  • International crimes
  • Cases and materials (selected parts)
  • 10. Jurisdiction
  • The dimensions of jurisdiction
  • The notion of jurisdiction
  • Lotus principle
  • The principles of jurisdiction
  • Territoriality principle
  • Nationality principle
  • Extraterritorial jurisdiction
  • Criminal jurisdiction
  • Civil jurisdiction
  • Recognition and enforcement of foreign judgments, arbitral awards, and cross-border criminal justice co-operation
  • Immunity from jurisdiction
  • Cases and materials (selected parts)
  • 11. Diplomatic and consular law
  • Distinction between diplomatic and consular relations
  • Diplomatic relations and diplomatic mission
  • Functions of a diplomatic mission of a state
  • Members of a diplomatic mission of a state
  • Appointment of the heads and members of the diplomatic staff of missions of a state
  • Diplomatic privileges and immunities
  • Termination of a diplomatic mission or of the functions of a diplomatic agent of a state
  • Diplomatic law and international organisations
  • Consular relations and consular posts
  • Consular functions
  • Members of a consular post
  • Appointment of heads of consular posts and other consular officers
  • Consular privileges and immunities
  • Termination of the consular functions
  • Cases and materials (selected parts)
  • 12. Territory
  • Territory under international law
  • State territory
  • State boundaries
  • The acquisition of additional territory
  • Occupation and accretion
  • Prescription
  • Cession, adjudication, and boundary allocation decisions
  • Annexation
  • Minor rights over state territory
  • Transfer of administration
  • International lease
  • International servitude
  • International canals and rivers
  • Polar regions
  • Antarctic
  • Arctic
  • Cases and materials (selected parts)
  • 13. The law of the sea
  • The complex approach
  • Internal waters
  • Territorial sea
  • Contiguous zone
  • Exclusive economic zone
  • Continental shelf
  • Straits used for international navigation
  • Archipelagic waters
  • High seas
  • The deep seabed
  • International institutions
  • Settlement of international disputes
  • Cases and materials (selected parts)
  • 14. International air and space law
  • Different approaches
  • Where airspace ends and outer space begins
  • Airspace
  • Air services
  • Liability
  • Aviation security
  • Outer space
  • The principles of space law
  • Moon Agreement
  • International liability for damage caused by space objects
  • Jurisdiction
  • International institutions
  • Cases and materials (selected parts)
  • 15. International economic law
  • Definition, sources, and subfields of international economic law
  • The Bretton Woods system
  • International finance law
  • International trade law
  • International investment law
  • Cases and materials (selected parts)
  • 16. International environmental law
  • International environmental law as a branch of international law
  • Development of international environmental law and its sources
  • Defining the environment and the principles of international environmental law
  • Sustainable Development Goals and targets
  • International environmental governance and defining ‘pollution’
  • The main fields of substantive international environmental law
  • Conservation of nature and protection of the terrestrial and marine environments
  • Climate and atmosphere
  • Hazardous substances and activities
  • Cases and materials (selected parts)
  • 17. International humanitarian law
  • From the law of war to international humanitarian law
  • The basics of international humanitarian law
  • The methods and means of warfare
  • Nuclear weapons
  • International and non-international armed conflicts
  • Persons and objects under the protection of international humanitarian law
  • Cases and materials (selected parts)
  • Index
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