An Introduction to International Law

Copyright page

CONTENTS

Preface

Abbreviations

Table of Cases

CHAPTER ONE. INTERNATIONAL LAW AND THE ROLE OF DOMESTICCOURTS AND EXECUTIVE ORGANS

1. The Present International Community and its Law

2. The “Legal” Aspect of International Law and its Application by Domestic Courts and Executive Organs

3. The “Political-Diplomatic” Aspect of International Law

4. Areas of International Law Where the Legal and Political Diplo­matic Aspects Respectively Prevail

5. Obstacles to Full Recognition of the Legal Value of International Law

5.i. The Political Question Doctrine

5.ii. Other Forms of Judicial Deference to the Executive Branch

5.iii. The Act of State Doctrine

5.iv. The Concept of Non-Self-Executing International Law

5.v. The Tendency to Deny that the Binding Resolutions of International Organisations are Self-Executing

5.vi. The Application of the Last-in-Time Rule (Lex Posterior Principle) to Inconsistency Between International and Na­tional Rules

CHAPTER TWO. INTERNATIONAL LAWMAKING

Section A. Custom as a Source of General International Law

6. Custom as a Product of the Conduct of State Organs

7. The Nature of Custom and the E.ect of Objection to Custo­mary Law

8. The Persistent Objector

9. A Particular Kind of Custom: General Principles of Law Reco­gnised by Civilised Nations

10. The Resolutions of International Organisations and the Deve­lopment of Customary Law

11. Customary Law and Codi.cation Conventions

12. The «Ageing» of Codi.cation Conventions

13. Article 4 of the Vienna Convention on the Law of Treaties

14. Equity and the Role of International and Domestic Court in the Development of Customary Law

15. Custom and the Teachings of Publicists

Section B. Treaties

16. Domestic Law and the Conclusion of Treaties

17. Invalidity and Termination of Treaties: The Role of Domestic Courts and Executive Organs

18. The Interpretation of Treaties and Domestic Courts

Section C. Law-Making by International Organisations

19. The Resolutions of International Organisations and Soft Law

20. The Democratisation of International Organisations

21. The Resolutions of International Organisations and Domestic Courts

Section D. The Hierarchy of International Norms

22. General Rule: The “Flexibility” of International Norms

23. The Exception: Peremptory Norms of General International Law (Jus Cogens)

24. A Special Kind of Jus Cogens: Rules on the Invalidity and Ter­mination of Treaties

CHAPTER THREE. THE CONTENT OF INTERNATIONAL LAW

25. “International” Force and “Internal” Force

26. Limitations on International Force

27. Limitations on Internal Force

27.i. The Territorial Limitation of State Jurisdiction

27.ii. The Functional Limitation of State Jurisdiction

27.iii. The “Personal” Limitation of State Jurisdiction

28. Exercise of State Jurisdiction for the Bene.t of the International Community as a Whole

28.i. The Principle of the Common Heritage of Mankind

28.ii. The Problem of the Prosecution of International Crimes

28.iii. Prosecution of International Crimes and Immunity of State O.cials

CHAPTER FOUR. THE VIOLATION OF INTERNATIONAL LAW AND ITSCONSEQUENCES

29. The International Responsibility of States: A Controversial Issue

30. Fault as an Element of the Internationally Wrongful Act and the Essentially Objective Character of International Responsibility

31. Responsibility in the Absence of Wrongful Acts

32. The Consequences of Internationally Wrongful Acts: General Observations

33. Self-Help as the Fundamental Consequence of Wrongful Acts. Self-Help and the Prohibition of the Use of “International” Force

34. The Most Important Form of Self-Help: Countermeasures

35. Retorsion

36. “Collective” Self-Help

37. Self-Help and the Constituent Instruments of International Organisations

38. Self-Help and Domestic Law

39. Reparation

Index