CONTENTS
Preface = xiii
Abbreviations = xvii
1 Introduction = 1
The problem of defining international law = 1
General and regional inetrnational law = 2
Characteristics of international law = 3
International law as 'law' = 5
The scope of International law = 7
2 History and theory = 9
The formation of European international law = 10
Features of European international law in state practice after 1648 = 11
Colonization and the relation to non-European powers = 12
The Western hemisphere = 14
Theory : naturalists and positivists = 15
The theory of sovereignty = 17
Legal results of the period up to the First World War = 18
The unlimited right to use force = 19
The peaceful settlement of disputes = 20
Prohibition of the slave trade = 21
Humanization of the law of warfare = 21
First forms of international orgnizations = 22
The Hague Peace Conferences of 1899 and 1907 = 22
The watershed after the First World War = 23
The League of Nations = 23
The attempt to restrict the use of force = 24
Other functions of the League = 24
The Permanent Court of Justice = 24
Failure of the League system = 25
Development after the Second World War = 26
The prohibition of the use of force and collective security in the United Nations Charter = 26
Decolonization and change in the composition of the international community = 28
Attitudes of Third World states towards inernational law = 28
Universality and the challenge to the unity of international law = 30
New developments in theory = 32
3 Sources of inernational law = 35
Treaties = 36
Law-making treaties and 'contract treaties' = 37
Parties to international treaties and 'internationalized contracts' = 38
Custom = 39
Where to look for evidence of customary law = 39
The problem of repetition = 41
What states say and what states do = 43
The psychological element in the formatin of customary law(opinio iuris) = 44
'Instant' customary law = 45
Universality and the consensual theory of inernational law = 46
General principles of law = 48
Judicial decisions = 51
Learned writers = 51
Other possible sources of inernational law = 52
Acts of inernational orgnizations = 52
'Soft' law = 54
Equity = 55
The hierarchy of the sources = 56
Ius cogens = 57
Obligations erga ommes and 'Inernational crimes' = 58
Codification of inernational law = 60
4 Inernational law and municipal law = 63
Dualist and monist theories = 63
The attitude of international law to municipal law = 64
The attitude of national legal international law to municipal law = 65
Treaties = 65
Custom and general principles = 68
Conclusions = 71
Public international law and private inernational law = 71
5 States and governments = 75
States = 75
Defined territory = 75
Population = 76
Effective control by a government = 77
Capacity to enter into relations with other states = 79
Self-determination and recognition as additional criteria = 80
Federal states = 81
Governments = 81
Recognition of states and governments in inernational law = 82
Recognition of states = 82
Legal effects of recognition in inernational law = 83
Legal effects in domestic law = 86
Recognition of governments = 86
De jure and de facto recognition = 88
6 International orgnizations, individuals, companies and groups = 91
International orgnizations = 92
Non-governmental orgnizations(NGOs) = 96
Individuals and companies = 100
Insurgents and national liberation movements = 104
Ethnic minorities and indigenous peoples = 105
Minorities = 105
Indigenous peoples = 106
7 Jurisdiction = 109
Forms of jurisdiction = 109
Criminal jurisdiction of national courts = 110
Territorial principle = 110
Nationality principle = 111
Protective principle = 111
Universality principle = 112
Universal jurisdiction of national courts over crimes against human rights = 113
'Ivan the Terrible' - The trial of John Demjanuk = 115
Conflicts of jurisdiction = 116
Extradition = 117
8 Immunity from jurisdiction = 118
Sovereign(or state) immunity = 118
The act of state doctrine = 121
Diplomatic immunity = 123
Immunity from the jurisdiction of courts = 125
Other privileges and immunities = 126
Consular immunity = 127
Immunities of international organizations = 127
Waiver of immunity = 128
9 Treaties = 130
Conclusion and entry into force of treaties = 131
Adoption of the text of a treaty = 131
Consent to be bound by a treaty = 131
Entry into force = 134
Reservations = 135
Registration = 136
Application of treaties = 137
Territorial scope of treaties = 137
Treaties and third states = 137
Applicatin of successive treaties relating to the same subject matter = 137
Invalid treaties = 137
Provisions of municipal law regarding competence to conclude treaties = 138
Treaties entered into by persons not authorized to represent a state = 138
Specific restrictions on authority to express the consent of a state = 139
Coercion of a representative of a state = 139
Coercion of a state by the threat or use of force = 139
Other causes of invalidity = 140
The consequences of invalidity = 140
Termination of treaties = 141
Termination in accordance with the provisions of a treaty = 141
Termination by consent of the paries = 141
Implied right of denunciation or withdrawal = 142
Termination or suspension of a treaty as a consequence of its breach(discharge through breach) = 142
Supervening impossibility of performance = 144
Fundamental change of circumstances(rebus sic stantibus) = 144
Emergence of a new peremptory norm(ius cogens) = 145
Outbreak of war = 145
Consequences of termination or suspension = 146
10 Acquisition of territory = 147
Modes of acquisition of territory = 147
Cession = 148
Occupation = 148
Prescription = 150
Operations of nature = 151
Adjudication = 151
Conquest = 151
Acquiescence, recognition and estoppel = 154
Intertemporal law = 155
Legal and political arguments = 157
Minor rights over territory = 158
Servitudes = 158
11 Legal consequences of changes of sovereignty over territory(state succession) = 161
Treaties = 162
Treaties dealing with rights over territory = 162
Other types of treaties = 163
The principle of 'moving treaty boundaries' = 163
Decolonizatin and new states = 164
Recent practice = 165
Secession = 165
Baltic states = 165
Dismemberment = 166
Soviet Union = 166
Yugoslavia = 167
Czechoslovakia = 167
Unification = 167
Germany = 167
Yemen = 168
International claims = 169
Nationality = 169
Public property = 169
Private property = 170
Contractual rights = 170
12 The Law the sea = 173
Internal waters = 175
Territorial sea = 176
The right of innocent passage = 176
Rights of the coastal state over the territorial sea = 177
The width of the territorial sea = 178
The line from which the territorial sea is measured = 180
The contiguous zone = 182
Exclusive fishery zones and exclusive economic zones = 183
The high seas = 184
Interference with ships on the high seas = 186
Jurisdiction of municipal courts over crimes committed on the high seas = 190
The continental shelf = 191
The deep seabed = 193
Maritime boundaries = 195
13 Air space and outer space = 198
Air space = 198
Outer space = 201
The 'common heritage of mankind' principle = 207
14 Human rights = 209
The concept of human rights = 209
Human rights on the universal level = 211
The United Nations Charter = 211
The Universal Declaration of Human Rights = 212
United Nations bodies active in the field of human rights = 213
The 1966 Covenants = 215
Other human rights instruments on the universal level = 216
Human rights on the regional level = 217
The European Convention for the Protection of Human Rights and Fundamental Freedoms = 217
Other regional instruments = 219
Human rights as a matter of international concern = 220
15 Economy = 222
The Bretton Woods system and international economic organizations = 223
The International Monetary Fund(IMF) = 225
The world Bank = 227
The GATT = 228
The new World Trade Organization = 231
The trade agreements on goods = 231
The Agreement on Services(GATS) = 232
The Agreement on Intellectual Property Rights(TRIPS) = 232
Institutional aspects = 233
Developing countries and the legal quest for a New International Economic Order = 233
Expropriatin and standard of compensation = 235
Disguised expropriation = 238
Expropriation of contractual rights = 238
The right to development = 239
16 Environment = 241
The scope and nature of international environmental law = 242
Customary law and general principles = 245
The United Nations Conference on Environment and Development = 247
The Convention on Climate Change = 248
The Biodiversity Convention = 249
The Rio Declaration and Agenda 21 = 250
Conclusions = 251
17 State responsibility = 254
The work of the International Law Commission = 254
State responsibility and the treatment of aliens = 256
'Imputability' = 257
The minimum international standard = 260
Preliminary objections = 262
Nationality of claims = 263
Exhaustion of local remedies = 267
Waiver = 268
Unreasonable delay and improper behaviour by the injured alien = 269
Consequences of an internationally wrongful act = 269
Countermeasures and dispute settlement = 271
18 Peaceful settlement of disputer between states = 273
Diplomatic methods of dispute settlement = 275
Negotiations = 275
Good offices and mediation = 275
Fact-fingding and inquiry = 277
Conciliation = 278
Legal methods of dispute settlement = 281
Adjudication = 281
The International Court of Justice = 281
Composition = 282
Jurisdiction in contentious cases = 282
Procedure = 287
Ad hoc chambers = 288
Enforcement of judgments = 288
Advisory opinions = 289
Evaluation of the Court = 290
Arbitration = 293
ICSID = 295
The Iran-United States Claims Tribunal = 296
Settlement of disputes under the Law of the Sea Convention = 298
Conclusions = 300
19 International wars, civil wars and the right to self-determination : ius ad bellum = 306
Lawful and unlawful wars : developments before 1945 = 306
The prohibition of the use of force in the United Nations Charter = 309
Self-defence = 311
Preventive self-defence = 311
Self-defence and claims to territory = 314
Self-defence against attacks on ships and aircraft = 315
Armed protection of nationals abroad = 315
Armed reprisals = 316
Immediacy and proportionality = 316
Collective self-defence = 317
Civil wars = 318
The legality of civil wars = 318
Participation by other stated : help for the insurgents = 319
Participation by other stated : help for the extaloished authorities = 322
The theory that help for the established authorities is legal = 322
The theory that help for the established authorities is illegal = 323
Collective self-defence against subversion = 324
Conclusion = 325
Self-determination and the use of force = 326
Mandated territories, trust territories and non-self-governing territories = 327
Mandated territories = 327
Trust territories = 328
South West Africa(Namibia) = 328
Non-self-governing territories = 329
Double standards? = 332
Consequences of violations of the right of self-determination = 334
Coration of new states = 334
Title to territory = 334
Wars of national liberation = 336
New developments = 338
The effectiveness of the modern rules against the use of force = 341
20 Means of waging war and criminal responsibility : ius in bello = 342
Lawful and unlawful means of waging war = 342
Nuclear weapons = 346
The law of neutrality and economic uses of maritime warfare = 350
Reprisals = 351
Rules governing the conduct of civil wars = 352
War crimes trials = 353
The International Criminal Tribunal for the Former Yugoslavia = 355
Jurisdiction of the Tribunal = 356
The work of the Tribunal = 358
The Rwanda Tribunal = 360
Towards a permanent international criminal court? = 360
Possible future developments = 361
21 The Charter and the organs of the United Nations = 364
The United Nations Charter and the problem of interpretation = 364
Literal interpretation = 365
Intention and travaux pr e' paratoires = 366
Practice = 366
Effectiveness and implied powers = 367
The purposes of the United Nations = 368
Domestic jurisdiction = 368
Membership = 369
The representation of China = 371
The case of Yugoslavia = 372
The organs of the United Nations = 373
The Security Council = 373
The General Assembly = 377
The Secretariat = 380
The Economic and Social Council and the specialized agencies = 382
22 The United Nations and peace and security = 385
Pacific settlement of disputes under the United Nations Charter(Chapter Ⅵ) = 385
Collective security and enforcement action(Chapter Ⅶ) = 387
Practice under Chapter Ⅶ during the Cold War = 390
The United Nations force in Korea = 391
The Uniting for Peace Resolution = 392
Rhodesia and South Africa = 393
Practice under Chapter Ⅶ after the end of the Cold War = 395
The invasion of Kuwait by Iraq = 396
The Kurdish crisis = 399
Somalia = 402
Rwanda = 405
Haiti = 407
Yugoslavia = 409
UN peacekeeping = 416
The 'old' peacekeeping during the Cold War = 416
The first United Nations Emergency Force in the Middle East(UNEF) = 417
The United Nations Force in the Congo(ONUC) = 418
The Expenses case = 420
The United Nations Forc in Cyprus(UNFICYP) = 420
New forces in the Middle East = 422
New forms of peacekeeping after the Cold War = 423
Conclusion = 425
Table of cases = 431
Table of treaties, declarations and other documents = 435
Index = 441
