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