Handbook of International Law
Höfundur:
Anthony Aust (Útgáfa: 2)
Kaup valmöguleikar
To the new student of international law, the subject can appear extremely complex: a system of laws created by states, international courts and tribunals operating at the national and global level. A clear guide to the subject is essential to ensure understanding. This handbook provides exactly that: written by an expert who both teaches and practises in the field, it focuses on what the law is; how it is created; and how it is applied to solve day-to-day problems.
It offers a practical approach to the subject, giving it relevance and immediacy. The new edition retains a concise, user-friendly format allowing central principles such as jurisdiction and the law of treaties to be understood. In addition, it explores more specialised topics such as human rights, terrorism and the environment. This handbook is the ideal introduction for students new to international law.
Nánar um bókina
- Cambridge University Press
- 9780511846649
- 9780521117050
- ePub
- 2
- Anthony Aust
- English
- 2010-04-01
- 10
- 5
- 5
Kaflar
- Coverpage
- Halftitle page
- Title page
- Copyright page
- Dedication
- Contents
- Foreword to the First Edition
- Preface to Second Edition
- Acknowledgements
- Table of treaties
- Table of MOUs
- Table of cases
- Glossary of legal terms
- List of abbreviations
- 1 International law
- Introduction
- Private international law
- Transnational law
- The nature of international law
- But is international law really law?
- International lawyers
- The sources of international law
- Treaties
- Customary international law
- General principles of law recognised by ‘civilized’ nations
- Good faith
- Estoppel
- Norms
- Judicial decisions
- Teachings of the most highly qualified publicists
- General international law
- Obligations erga omnes
- Jus cogens
- ‘Soft law’
- Comity
- Domestic law
- Subjects and objects of, and actors in, international law
- National liberation movements
- NGOs
- 2 States and recognition
- Introduction
- Criteria for statehood
- Recognition of States
- Vatican City
- Taiwan
- Turkish Republic of Northern Cyprus
- Soviet Republics and former Soviet Republics
- Yugoslavia
- Domestic courts and unrecognised States
- Self-determination
- Secession
- Territorial integrity and uti possidetis
- Recognition of governments
- Governments in exile
- De jure and de facto recognition
- Palestine
- Western Sahara
- Means of recognition
- Overseas territories
- British territories
- Colonies
- Protectorates
- Protected States
- Condominiums
- Mandated and trust territories
- 3 Territory
- Introduction
- Boundary, border or frontier?
- Delimitation and demarcation
- Intertemporal rule
- Critical date
- Means of acquisition
- Discovery
- Conquest and annexation
- Cession
- Occupation and prescription
- Acquiescence, estoppel and recognition
- Boundary treaties
- Leases
- Rivers
- State servitudes
- Res communis
- Common heritage of mankind
- Territorial integrity and uti possidetis
- 4 Jurisdiction
- Introduction
- Territorial principle
- Nationality principle
- Passive personality principle
- Protective principle
- Universal and quasi-universal jurisdiction
- Effects doctrine
- Alien Tort Claims Act 1789
- Abduction
- 5 The law of treaties
- Introduction
- The Vienna Convention on the Law of Treaties 1969
- What is a treaty?
- Concluded between States
- In written form
- Governed by international law
- Embodied in a single instrument or in two or more related instruments
- Given any name
- Signed?
- MOUs
- But are MOUs really treaties?
- Agreements between States governed by domestic law
- Capacity to make treaties
- Federations
- Overseas territories
- International organisations
- Credentials and full powers
- Credentials
- Full powers
- Adoption and authentication
- Adoption
- Consensus
- Authentication
- Final act
- Consent to be bound
- Signature only
- ‘Open for signature’
- Witnessing
- Exchange of instruments
- Ratification
- Who can sign the instrument of ratification?
- Acceptance or approval
- Accession
- Any other agreed means
- ‘Signatory’, ‘party’ and ‘adherence’
- The ‘all States’ and ‘Vienna’ formulas
- Rights and obligations before entry into force
- Obligation not to defeat the object and purpose of a treaty before its entry into force
- Withdrawal of consent to be bound before entry into force
- Development of treaties
- Reservations
- Bilateral treaties
- Multilateral treaties
- Interpretative declarations
- Disguised reservations
- Reservations generally not prohibited
- Acceptance of, and objection to, reservations
- ‘Plurilateral treaties’
- Constituent instrument of an international organisation
- All other cases
- The legal effects of reservations and of objections to reservations
- Unresolved issues
- Reservations to human rights treaties
- Treaty-monitoring bodies
- Some ways of minimising the problem of reservations
- Procedure
- Late reservations
- The International Law Commission study
- Entry into force
- Express provisions
- Date of entry into force
- Provisional application
- Preparatory commissions
- Treaties and domestic law
- Duty to perform treaties
- Constitutional provisions
- Dualism
- Monism
- United Kingdom
- United States
- Implementation by states of a federation
- Territorial application
- Territorial extension clauses
- Declaration on signature or ratification of a multilateral treaty
- Political subdivisions of metropolitan territory
- Successive treaties
- Interpretation
- Article 31 General rule of interpretation
- Paragraph 1
- Paragraph 2 (context)
- Paragraph 3(a) (subsequent agreements)
- Paragraph 3(b) (subsequent practice)
- Paragraph 3(c) (relevant rules of international law)
- Paragraph 4 (special meaning)
- Supplementary means of interpretation
- Implied terms
- Interpretation of treaties in more than one language
- Third States
- Amendment
- Bilateral treaties
- Multilateral treaties
- Duration and termination
- Express provisions
- Termination or withdrawal by consent
- No provision for termination or withdrawal
- Termination or suspension for breach
- Supervening impossibility of performance
- Fundamental change of circumstances (rebus sic stantibus)
- Severance of diplomatic or consular relations
- Outbreak of hostilities
- Can one validly withdraw from a treaty and immediately become a party again?
- Desuetude
- Invalidity
- ‘Unequal treaties’
- The depositary
- Designation of a depositary
- Multiple depositaries
- Duty to act impartially
- Functions of the depositary
- Correction of errors
- Registration and publication
- Registration
- Publication
- Sources of treaty texts
- Treaty indexes
- Further reading on treaties
- 6 Diplomatic privileges and immunities
- Introduction
- The establishment of diplomatic relations and permanent diplomatic missions
- The functions of a diplomatic mission
- The members of the mission
- Persona non grata
- Size and composition of the mission staff
- The premises of the mission
- Facilitating the acquisition of premises for the mission
- Help with facilities for the mission
- Inviolability of the premises of the mission
- Police action
- Service of legal process
- Immunity from jurisdiction
- Bank account of the mission
- Protection from intrusion or damage
- Disturbance of the peace of the mission and impairment of its dignity
- Asylum
- When inviolability of mission premises begins and ends
- Exemption of mission premises from taxation
- Inviolability of mission archives
- Means of transport
- Freedom of movement
- Freedom of communication
- Inviolability of official correspondence
- The diplomatic bag
- What is a diplomatic bag?
- What may the diplomatic bag contain?
- Prohibition on opening or detaining the diplomatic bag
- Scanning the diplomatic bag
- Diplomatic couriers
- Personal inviolability
- No arrest or detention
- Safeguarding from attack
- Inviolability of the private residence
- Inviolability of private papers, correspondence and property
- The difference between diplomatic immunity and State immunity
- Diplomatic immunity
- Exception (a): private immovable property in the territory of the receiving State
- Exception (b): private involvement in succession proceedings
- Exception (c): private professional or commercial activity
- Proof of diplomatic immunity
- Immunity from giving evidence
- What immunity is not
- Immunity from execution
- Waiver of immunity
- Social security exemption
- Exemption from taxation
- Exemption from personal services
- Exemption from customs duties and inspection
- Members of the family of a diplomatic agent
- Working spouses
- Administrative and technical staff
- Service staff
- Private servants
- Nationals and permanent residents of the receiving State
- Commencement of privileges and immunities
- Termination of privileges and immunities
- Third States
- Diplomats in transit
- Communication in transit
- Duties of the mission to the receiving State
- End of the functions of a diplomatic agent
- Facilities for depature
- Breach of diplomatic relations and the protection of the interests of the sending State
- Non-discrimination and reciprocity
- Special missions
- Consular relations
- 7 State immunity
- Introduction
- The relationship of State immunity to other legal doctrines
- Diplomatic immunity distinguished
- Non-justiciability
- Act of State
- Human rights
- Sources of the law on State immunity
- Which entities enjoy immunity?
- Exceptions to immunity
- Consent
- Commercial transactions
- Contracts of employment
- Torts (delicts)
- Ownership, possession and use of property
- Intellectual and industrial property rights
- Ships
- Aircraft and space objects
- Registration of a foreign judgment
- Criminal jurisdiction
- Enforcement
- Pre-judgment measures of constraint
- Execution of the judgment
- Procedure
- Service of process
- Judgment in default
- Visiting forces
- Civil claims
- Criminal jurisdiction
- Heads of State, heads of government, foreign ministers and other senior officials
- Civil proceedings
- Criminal proceedings
- 8 Nationality, aliens and refugees
- Nationality
- Introduction
- Dual nationality
- Citizenship
- The right to leave and return to one’s State of nationality
- Passports
- Statelessness
- Legal persons
- Ships and aircraft
- Diplomatic protection
- Aliens
- Property of aliens
- Asylum
- Diplomatic asylum
- Refugees
- Definition of refugee
- Application for refugee status
- Fear of persecution
- Exceptions to refugee status
- Non-refoulement
- Protection for the State of refuge
- Obligations of the State of refuge to the refugee
- 9 International organisations
- Introduction
- Membership and representation
- Credentials
- Withdrawal
- International legal personality
- Immunities and privileges
- Liability
- Dispute settlement
- The United Nations
- The (so-called) UN specialised agencies
- Staff disputes
- 10 The United Nations, including the use of force
- Introduction
- Membership
- Withdrawal, suspension and expulsion
- Regional groups
- The UN’s principal organs
- The UN’s specialised agencies
- The General Assembly
- Main Committees of the General Assembly
- Sixth Committee
- The Security Council
- Membership
- Working methods
- Powers of the Security Council
- Sanctions
- Human rights
- Uniting for peace
- Charter amendment
- Use of force
- Prohibition on the use of force
- Security Council authorisation for the use of force
- Self-defence
- Humanitarian intervention
- A responsibility to protect?
- 11 Human rights
- Introduction
- Who enjoys the rights?
- What is a human right?
- Universal human rights treaties
- United Nations
- ILO
- Regional human rights treaties
- European Convention for the Protection of Human Rights and Fundamental Freedoms 1950
- American Convention on Human Rights 1969
- African Charter on Human and Peoples’ Rights 1981
- Arab Charter on Human Rights 1994
- Outline of the principal civil and political rights
- Right to life
- Prohibition of torture
- Prohibition of slavery and forced labour
- Right to liberty and security
- Right to a fair trial
- No punishment without law
- Respect for private and family life
- Freedom of thought, conscience and religion
- Freedom of expression
- Freedom of assembly and association
- Right to marry
- Right to an effective remedy
- Prohibition of discrimination
- Freedom of movement
- Right to free elections
- Right to property
- Right to education
- General qualifications to rights
- Reservations
- Derogations
- Enforcement
- European Court of Human Rights
- Other regional treaties
- Human Rights Committee
- Other UN monitoring bodies
- 12 The law of armed conflict (international humanitarian law)
- Introduction
- Sources
- International and internal armed conflicts
- Weaponry
- Conventional weapons
- Nuclear, chemical and biological weapons (WMD)
- Reprisals
- Prisoners of war
- Mercenaries
- Civilians and civilian objects
- Occupied territory
- Palestine
- Enforcement
- UN forces
- International Committee of the Red Cross
- 13 International criminal law
- Introduction
- Mutual legal assistance
- Extradition
- Political offence/exception
- Simplified extradition
- Irregular means
- International crimes
- Piracy
- Slavery
- Genocide
- Crimes against humanity
- War crimes
- Aggression
- Responsibility of superiors
- Superior orders
- International tribunals
- International Criminal Tribunal for the Former Yugoslavia (ICTY)
- International Criminal Tribunal for Rwanda (ICTR)
- Sierra Leone Special Court
- Extraordinary Chambers of the Courts of Cambodia
- Special Tribunal for Lebanon
- International Criminal Court (ICC)
- Jurisdiction
- Surrender of accused persons
- Personal responsibility
- United States
- Procedure
- 14 Terrorism
- Introduction
- Definitions
- ‘State terrorism’
- ‘State-sponsored terrorism’
- Universal terrorism conventions
- No international definition of terrorism
- The sectoral, segmental or incremental approach
- The main provisions of the universal terrorism conventions
- ‘International’ terrorism
- Definition of the offences
- Quasi-universal jurisdiction
- ‘Refugees’ and terrorism
- Security Council
- Lockerbie
- Bin Laden, Al-Qaida and the Taliban
- 15 The law of the sea
- Introduction
- Internal waters
- Right of access by foreign ships
- Baselines
- Territorial sea
- Islands
- Innocent passage
- Rights of the coastal State over ships in innocent passage
- Contiguous zone
- Exclusive economic zone
- Rights, jurisdiction and duties of the coastal State in the EEZ
- Rights and duties of other States in the EEZ
- International straits
- Archipelagos
- Continental shelf
- Construction of artificial islands and other installations in the EEZ or on the continental shelf
- Delimitation
- Territorial sea
- EEZ and continental shelf
- The Area
- The high seas
- Freedom of navigation
- Hot pursuit
- Other freedoms
- Nationality of ships
- Warships and ships used only on government non-commercial service
- Landlocked and geographically disadvantaged States
- Fishing
- In internal waters and the territorial sea
- In EEZs
- On the high seas
- Shared and straddling stocks and highly migratory species
- Sedentary species
- Whales and other marine mammals
- Wrecks
- Underwater cultural heritage
- Dispute settlement under the Convention
- The International Tribunal for the Law of the Sea
- Means of dispute settlement
- 16 International environmental law
- Introduction
- What is the environment?
- The development of international environmental law
- Concepts
- The precautionary approach
- The polluter pays
- Sustainable development
- Environmental impact assessment (EIA)
- Whaling
- Other fishing
- Wildlife
- Biological diversity
- The ozone layer, climate change and the Kyoto Protocol
- Nuclear material
- The marine environment
- Emergencies
- Liability
- Dumping
- Hazardous wastes
- Liability for environmental damage
- Enforcement
- 17 International civil aviation
- Introduction
- International Civil Aviation Organization
- Meaning of aircraft
- Civil and State aircraft, induding military aircraft
- National airspace
- Domestic air services
- International air services, scheduled and non-scheduled
- International airspace
- Civil aircraft and airlines
- Air services agreements
- Warsaw and Rome Conventions
- Jurisdiction over civil aircraft
- Use of force against aircraft
- 18 Special regimes
- Introduction
- Antarctica
- The Antarctic Treaty System (ATS)
- The Antarctic Treaty
- Sovereignty clause
- Measures
- The Environmental Protocol
- Amendment of the Treaty and the Protocol and its Annexes
- Secretariat
- CCAMLR
- The Arctic
- Svalbard
- Canals
- Suez Canal
- Panama Canal
- Kiev Canal
- International rivers
- Freedom of navigation
- Other uses of watercourses
- Outer space
- Outer space treaties
- The geostationary orbit
- The International Space Station
- International space organisations
- Intelsat
- Inmarsat
- 19 International economic law
- Introduction
- Bilateral investment treaties
- A typical BIT
- The entities protected
- Types of investment product
- Treatment of investments
- Expropriation and compensation
- Civil disturbance, etc.
- Dispute settlement
- Duration of BITs
- ICSID
- Energy Charter Treaty
- World Trade Organization
- Dispute Settlement
- Panels
- Appellate Body
- Recommendations
- Compensation and countermeasures
- NAFTA
- MERCOSUR
- International commercial arbitration
- 20 Succession of States
- Introduction
- Independence of an overseas territory
- Secession
- Dissolution
- Merger
- Absorption and extinction
- Recovery of sovereignty
- Transfer of territory
- Continuity of statehood
- Succession to treaties
- Customary law principles
- Former colonies and other dependent territories
- Germany
- Russia
- Former Soviet republics
- The Baltic States
- Former Yugoslav republics
- Czechoslovakia
- Hong Kong and Macao
- Succession to State property, archives and debts
- Former Yugoslav republics
- Membership of international organisations
- Representation in international organisations
- Hong Kong Special Administration Region
- Nationality of natural persons
- 21 State responsibility
- Introduction
- Terminology
- General matters
- The internationally wrongful act of a State
- General principles
- Attribution of conduct to a State
- Organs of the State
- Unauthorised or ultra vires conduct
- Other conduct attributable to the State
- Breach of an international obligation
- Intertemporal rule
- Extension in time of breach of an international obligation
- Breach consisting of a composite act
- Circumstances precluding wrongfulness
- Content of the international responsibility of a State
- Cessation and non-repetition
- Reparation
- Forms of reparation
- Serious breaches of obligations under peremptory norms of general international law
- The implementation of the international responsibility of a State
- Invocation of responsibility by an injured State
- Notice of claim by an injured State (Article 43)
- Admissibility of claims
- Loss of right to invoke responsibility
- Plurality of injured or responsible States
- Countermeasures
- Objects and limits of countermeasures
- Proportionality
- Procedural conditions
- Obligations not affected by countermeasures
- Responsibility of an international organisation
- Individual responsibility
- 22 Settlement of disputes
- Introduction
- Informal means
- Negotiations and consultations
- Involvement of third parties
- Compulsory binding settlement
- Jurisdiction and admissibility
- Jurisdiction
- Admissibility
- International arbitration
- Permanent Court of Arbitration (PCA)
- Mixed arbitral tribunals
- International Court of Justice
- Composition of the ICJ
- Jurisdiction
- Reciprocal declarations
- Variations of declarations
- Admissibility
- Intervention by third parties
- The applicable law
- Non-appearance
- Provisional measures/interim measures of protection
- Judicial review?
- Procedure and practice
- Judgments
- Effect, interpretation and revision
- Advisory opinions
- 23 The European Union
- Introduction
- A brief history
- Member States
- European Communities, European Community or European Union?
- Institutions
- Council of Ministers
- Commission
- Parliament
- Court of Auditors
- Legislative procedure
- Consultative procedure
- Co-decision procedure
- EU law
- The Treaty and legislation
- Supremacy of EU law
- Court of Justice
- Court of First Instance
- Preliminary rulings
- Common Foreign and Security Policy and Police and Judicial Co-operation in Criminal Matters
- Legal personality and treaties
- Human rights
- Acquis communautaire
- Competence
- Comitology
- European Economic Area
- Languages
- Qualified majority voting
- Schengen
- Subsidiarity
- The Lisbon Treaty
- Documentation
- Index