An introduction to international law

✍ Scribed by J.G. Starke

• Year: 1972
• Tongue: English
• Leaves: 644
• Edition: 7
• Category: Library

✦ Table of Contents

PREFACE
INTERNATIONAL LAW IN GENERAL
NATURE, ORIGINS AND BASIS OF INTERNATIONAL LAW
NATURE AND ORIGINS
THEORIES AS TO BASIS OF INTERNATIONAL LAW
Sanctions of Observance of International Law
THE MATERIAL “SOURCES” OF INTERNATIONAL LAW
CUSTOM
Judicial Application of Custom
TREATIES
(a) “Law-Making” Treaties
(b) Treaty-Contracts
DECISIONS OF JUDICIAL OR ARBITRAL TRIBUNALS
International Judicial Decisions
State Judicial Decisions
Decisions of International Arbitral Tribunals
JURISTIC WORKS
DECISIONS OR DETERMINATIONS OF THE ORGANS OF INTERNATIONAL INSTITUTIONS
Order of Use of Material “Sources”
Peremptory Principles or Norms of International Law; jus cogens
THE SUBJECTS OF INTERNATIONAL LAW
THE RELATION BETWEEN INTERNATIONAL LAW AND STATE LAW
GENERAL
THEORIES AS TO THE RELATION BETWEEN INTERNATIONAL LAW AND STATE Law
Dualism
Monism
Question of Primacy
“Transformation” and “Specific Adoption” Theories
STATE PRACTICE AS TO OPERATION OF INTERNATIONAL LAW WITHIN MUNICIPAL SPHERE
British Practice
American Practice
Practice of States other than Great Britain and the United States
INTERNATIONAL TRIBUNALS AND THE OPERATION OF MUNICIPAL LAW
CONCEPT OF OPPOSABILITY
STATES AS SUBJECTS OF INTERNATIONAL LAW
STATES IN GENERAL
NATURE OF A STATE AT INTERNATIONAL LAW
“Micro-States”
Doctrine of Basic Rights and Duties of States
Sovereignty and Independence of States
Monroe Doctrine
Doctrine of the Equality of States
Peaceful Co-existence
THE DIFFERENT KINDS OF STATES AND NON-STATE ENTITIES
Federal States and Confederations
Protected and Vassal States and Protectorates
Condominium
Members of the Commonwealth
Status of Non-Self-Governing Territories under United Nations Charter
Neutralised States
Right of Self-Determination of Peoples and Dependent Entities
Sovereignty of Peoples and Nations over their Natural Wealth and Resources
ASSOCIATIONS OR GROUPINGS OF STATES
RECOGNITION
RECOGNITION IN GENERAL
Is there a duty to grant recognition?
Implied Recognition
Recognition subject to a condition
Collective Recognition
Recognition of a Head of State or of a new Government
Withdrawal of Recognition
RECOGNITION DE JURE AND DE FACTO
LEGAL EFFECTS OF RECOGNITION
Recognition in the Courts of Law
Retroactive Effect of Recognition
RECOGNITION OF INSURGENCY AND BELLIGERENCY
RECOGNITION (contd.)
NEW TERRITORIAL TITLES, TERRITORIAL CHANGES, AND TREATIES; NON-RECOGNITION
STATE TERRITORIAL SOVEREIGNTY AND OTHER LESSER RIGHTS OF STATES
TERRITORIAL SOVEREIGNTY AND OTHER LESSER RIGHTS
Acquisition of Territorial Sovereignty
Occupation
Annexation
Accretion
Cession
Prescription
Acquisition of Territorial Sovereignty by Newly Emerged States
Loss of Territorial Sovereignty
Sovereignty over the Air Space
Upper Strata of the Atmosphere, Outer Space, and the Cosmos
Rights less than Sovereignty—Spheres of Influence and Spheres of Interest
PARTS OF STATE TERRITORY, OR OTHER AREAS IN WHICH SOVEREIGN RIGHTS ARE EXERCISED BY STATES
Boundaries
Rivers
Internal Waters, the Territorial Sea, and the Contiguous Zone
Straits
Bays, Gulfs, and other Coastal Indentations
The Continental Shelf and Submarine Areas
Division of a Common Continental Shelf
Developments Since 1958 in the Law Concerning Coastal Waters, and the Seabed and Ocean Floor
Canals
SERVITUDES
RIGHTS AND DUTIES OF STATES
JURISDICTION
GENERAL OBSERVATIONS
TERRITORIAL JURISDICTION
Technical Extensions of the Territorial Jurisdiction
Territorial Jurisdiction over Aliens
Territorial Jurisdiction over Criminals
Exemptions from and Restrictions upon the Territorial Jurisdiction
PERSONAL JURISDICTION
JURISDICTION ACCORDING TO THE PROTECTIVE PRINCIPLE
JURISDICTION ON THE HIGH SEAS
Conservation of the Living Resources of the High Seas
Developments since 1958 in the Law of the High Seas
JURISDICTION ACCORDING TO THE UNIVERSAL PRINCIPLE: PIRACY
Piracy Jure Gentium
PROBLEMS OF JURISDICTION WITH REGARD TO AIRCRAFT
STATE RESPONSIBILITY
NATURE AND KINDS OF STATE RESPONSIBILITY
Federal States
Limits between International Law and Municipal Law
RESPONSIBILITY FOR BREACH OF TREATY, OR IN RESPECT OP CONTRACTUAL OBLIGATIONS; EXPROPRIATION OF PROPERTY
The “Calvo Clause”
Debts
RESPONSIBILITY FOR INTERNATIONAL DELINQUENCIES (WRONGS UNCONNECTED WITH CONTRACTUAL OBLIGATIONS)
General Principles as to Protection of Citizens Abroad
State Responsibility and the Fault Theory
CLAIMS
Damages
SUCCESSION TO RIGHTS AND OBLIGATIONS
SUCCESSION IN GENERAL
PASSING OF RIGHTS AND OBLIGATIONS UPON EXTERNAL CHANGES OF SOVEREIGNTY OVER TERRITORY
PASSING OF RIGHTS AND OBLIGATIONS UPON INTERNAL CHANGES OF SOVEREIGNTY
THE STATE AND THE INDIVIDUAL
NATIONALITY
International Importance of Nationality
Acquisition of Nationality
Loss of Nationality
Double Nationality, Statelessness, and Nationality of Married Women
Nationality of Corporations and Unincorporated Associations
RIGHTS AND DUTIES OF STATES WITH REGARD TO ALIENS
Admission of Aliens
Legal Position of Aliens when Admitted
Expulsion and Reconduction of Aliens
EXTRADITION, RENDITION AND ASYLUM
Extradition
Rendition
Asylum
HUMAN RIGHTS AND FUNDAMENTAL FREEDOMS
THE STATE AND ECONOMIC INTERESTS—INTERNATIONAL ECONOMIC AND MONETARY LAW
International Monetary Law
DEVELOPMENT AND THE ENVIRONMENT
GENERAL
DEVELOPMENT
PROTECTION AND IMPROVEMENT OF THE HUMAN ENVIRONMENT
INTERNATIONAL TRANSACTIONS
THE AGENTS OF INTERNATIONAL BUSINESS ; DIPLOMATIC ENVOYS, CONSULS, AND OTHER REPRESENTATIVES
DIPLOMATIC ENVOYS
Classification of Diplomatic Envoys
Appointment and Reception of Diplomatic Envoys
Rights, Privileges, and Immunities of Diplomatic Envoys.
Termination of Diplomatic Mission
CONSULS
Rights and Privileges of Consuls
SPECIAL MISSIONS OF A NON-PERMANENT NATURE
OTHER CATEGORIES OF REPRESENTATIVES AND AGENTS
Representatives and Observers Accredited in Relation to International Organisations
Non-diplomatic Agents and Representatives
THE LAW AND PRACTICE AS TO TREATIES
NATURE AND FUNCTIONS OF TREATIES
FORMS AND TERMINOLOGY
PARTIES TO TREATIES
PRACTICE AS TO CONCLUSION AND ENTRY INTO FORCE OF TREATIES
RESERVATIONS
REVISION AND AMENDMENT OF TREATIES
United Nations Charter and the Re-examination of Treaties
INCONSISTENT TREATIES; AND VALIDITY AND DURATION OF TREATIES
Inconsistent Treaties
The Validity of Treaties
Termination of Treaties
Suspension of Operation of Treaties
INTERPRETATION OF TREATIES
Agencies of Interpretation
Instruments of Interpretation
Multilingual Treaties
General Principles of Treaty Interpretation
Disputes Clause
DISPUTES AND HOSTILE RELATIONS (INCLUDING WAR AND NEUTRALITY)
INTERNATIONAL DISPUTES
GENERAL
PEACEFUL OR AMICABLE MEANS OF SETTLEMENT
Jurisdiction of International Court of Justice
Contentious Jurisdiction
Advisory Opinions
FORCIBLE OR COERCIVE MEANS OF SETTLEMENT
WAR, ARMED CONFLICTS AND OTHER HOSTILE RELATIONS
GENERAL
Rules of International Law governing “Non-War” Hostilities
Other Hostile Relations
Commencement of War or Hostilities
Legal Regulation of Right to Resort to War, to Armed Conflict, and to the use of Force
Necessity of New Approach to Problem of Conflict Regulation
EFFECTS OF OUTBREAK OF WAR AND OF ARMED CONFLICTS
Enemy Character in War
Diplomatic Relations and War
Treaties and War
Prohibition of Trading and Intercourse in War; Contracts
Enemy Property in War
Combatants and Non-Combatants
THE “LAWS OF WAR”
Sanctions of Laws of War; War Crimes
Rules of Land, Sea, and Air Warfare
Law of Belligerent Occupation of Enemy Territory
MODES OF TERMINATING WAR AND HOSTILITIES
General
NEUTRALITY AND QUASI-NEUTRALITY
GENERAL
Neutrality
Rational Basis of Neutrality
Neutrality and the United Nations Charter
Commencement of Neutrality
Quasi-Neutrality
RIGHTS AND DUTIES IN GENERAL OF (a) NEUTRALS, AND (b) QUASI-NEUTRALS
ECONOMIC WARFARE AND BLOCKADE: IMPACT UPON (a) NEUTRALS, AND (b) QUASI-NEUTRALS
INTERNATIONAL INSTITUTIONS
INTERNATIONAL INSTITUTIONS
THEIR STATUS AND FUNCTIONS AS SUBJECTS OF INTERNATIONAL LAW
GENERAL LEGAL NATURE AND CONSTITUTIONAL STRUCTURE
Functions and Legal Capacity
Classification
Co-ordination of International Institutions
Organic Structure and Composition
PRIVILEGES AND IMMUNITIES
LEGISLATIVE FUNCTIONS OF INTERNATIONAL INSTITUTIONS
INTERNATIONAL ADMINISTRATIVE LAW
QUASI-DIPLOMATIC AND TREATY RELATIONS OF INTERNATIONAL INSTITUTIONS
Treaty Relations
DISSOLUTION OF INTERNATIONAL INSTITUTIONS; AND SUCCESSION TO RIGHTS, DUTIES AND FUNCTIONS
Dissolution
Succession and International Institutions
THE UNITED NATIONS
Origins
Differences between the United Nations and the League of Nations
“Purposes” and “Principles”
Membership
Organs of the United Nations
The General Assembly
The Security Council
Voting Procedure in the Security Council
Powers and Functions of the Security Council
The Korean Conflict, the Congo and Rhodesian Situation, and the Security Council
United Nations “Peacekeeping”
The Economic and Social Council
THE INTERNATIONAL LABOUR ORGANISATION AND OTHER “RELATED AGENCIES”
BIBLIOGRAPHY
Treatises
State Practice and the Practice of International Institutions
Treaties and Conventions
Judicial and Arbitral Decisions
General