International Law

Name: International Law
Price: 3660 ISK
Availability: InStock
Author: Anders Henriksen
ISBN: 9780198976349

Höfundur: Anders Henriksen (Útgáfa: 5)

Kaup valmöguleikar

The most student-focused approach, providing ideal coverage for short, foundational courses at European law schools. International Law presents a student-focused approach to the subject; clearly written with non-native English-speaking students in mind, a range of learning features highlight the areas of debate and encourage students to engage critically with key disputes. Provides comprehensive and concise coverage of the central issues in public international law, making this an ideal textbook for students taking short, introductory courses at European law schools.

Clearly explained and written with non-native English-speaking students in mind, the core concepts are presented in an accessible and easy-to-follow style. Takes a critical perspective on various aspects of international law, introducing the controversies and areas of debate without assuming students' prior knowledge of the topics discussed. Supportive learning features, including central issues boxes, chapter summaries, recommended reading, and discussion questions highlight the essential points and encourage students to engage critically with the legal disputes.

Also available as an e-book with functionality, navigation features, and links that offer extra learning support. New to this edition Discussion of current events related to international law, such as Trump's return to power and the current crisis in the WTO due to Trump's tariffs, Israel's war in Gaza, North Korea's status as a party to the war in Ukraine, and the International Criminal Court's indictment of Putin.

New case law from the International Court of Justice, including the Court's 2025 advisory opinion on Climate Change and its advisory opinion on Israel's activities in the Occupied Palestinian Territories. New cases from the European Court of Human Rights, such as Russia's violations of human rights in Ukraine, including the recent judgments in Ukraine and the Netherlands v. Russia. Expanded coverage of AI, specifically related to international human rights law and the laws of war, and the Council of Europe's new framework convention on AI.

Nánar um bókina

Útgefandi: Oxford University Press Academic UK

ISBN: 9780198976349

Print ISBN: 9780198976318

Format: ePub

Útgáfa: 5

Höfundar: Anders Henriksen

Tungumál: English

Útgefið: 2026-05-10

Prent takmörkun á líftíma: 100

Prent takmörkun: 2

Afritunar takmörkun: 2

Flokkar: Lögfræði

Efnisflokkar: Lögfræði › Alþjóðaréttur

Kaflar

Cover Page
Title page
Copyright page
Preface
New to this Edition
Guide to the Book
Central issues
Summaries
Recommended reading
Questions for discussion
Podcasts
Web links
Detailed Contents
Table of Cases
International Cases
Arbitration Commission of the Peace Conference on Yugoslavia
Arbitration Decisions
Council for Trade-Related Aspects of Intellectual Property Rights
Eritrea Ethiopia Claims Commission
European Court of Human Rights (ECtHR)
European Union
Inter-American Court of Human Rights (Inter-AmCtHR)
International Centre for Settlement of Investment Disputes (ICSID)
International Committee of Jurists
International Court of Justice (ICJ)
International Criminal Court (ICC)
International Criminal Tribunal for Rwanda (ICTR)
International Criminal Tribunal for the former Yugoslavia (ICTY)
International Military Tribunal (IMT), Nuremberg 1946
International Tribunal for the Law of the Sea (ITLOS)
Iran–US Claims Tribunal
Permanent Court of Arbitration
Permanent Court of International Justice (PCIJ)
Special Court for Sierra Leone (SCSL)
UN Commission on International Trade Law
UN Committee Against Torture
UN Human Rights Committee
World Trade Organization (WTO)
National Cases
Belgium
Canada
Colombia
Denmark
France
Germany
Greece
Israel
Italy
Netherlands
New Zealand
Norway
Paris
Sweden
United Kingdom
United States of America
Table of Legislation
Treaties and International Instruments
European Legislation
National Statutes
Cambodia
Canada
Denmark
France
United Kingdom
United States of America
1 Foundations and structure of international law
1.1 Introduction
1.2 A brief history of international law
1.2.1 Early modern international law
1.2.2 Peace of Westphalia
1.2.3 The nineteenth century and the era of positivism
1.2.4 The interwar period
1.2.5 The period after the Second World War
1.3 The structures of international law
1.3.1 Introduction—a society of sovereign nation states
1.3.2 The international law of coexistence
1.3.3 The international law of cooperation
1.4 The basis of international obligation
1.5 The relationship between international law and national law
1.6 The issue of enforcement of international law
1.7 The critiques of contemporary international law
Summary
Recommended reading
Questions for discussion
List of Key Terms
2 Sources of international law
2.1 Introduction
2.2 Article 38 of the Statute of the International Court of Justice
2.3 Conventions (treaties) as a legal source
2.4 Custom as a source of international law
2.4.1 Introduction
2.4.2 The objective element—state practice
2.4.3 The subjective requirement—opinio juris
2.4.4 The relationship between custom and treaty law
2.5 General principles as a source of law
2.6 Judicial decisions
2.6.1 Introduction
2.6.2 Decision by the International Court of Justice
2.6.3 Awards from international courts of arbitration
2.6.4 Decisions from other international courts and tribunals
2.6.5 Decisions by national courts
2.7 Scholarly contributions and the ILC
2.8 Unilateral statements
2.9 Hierarchy of sources
2.10 Non-binding commitments and the concept of ‘soft law’ instruments
Summary
Recommended reading
Questions for discussion
List of Key Terms
3 The law of treaties
3.1 Introduction
3.2 The treaty as a concept under international law
3.3 The authority to conclude a treaty
3.4 Consent to be bound
3.5 Entry into force—obligations in the interim period
3.6 Validity
3.7 Reservations
3.8 Interpretation
3.9 Taking account of changes
3.10 Termination and withdrawal
3.11 Treaties between international organizations or between states and international organizations
Summary
Recommended reading
Questions for discussion
List of Key Terms
4 The actors in the international legal system
4.1 Introduction
4.2 The state
4.2.1 Introduction
4.2.2 Recognition
4.2.3 The Montevideo criteria
4.2.4 Palestine
4.2.5 Illegality in the creation of a ‘state’
4.2.6 The right to self-determination and statehood
4.2.7 The acquisition of new territory
4.2.8 Conquest
4.2.9 State succession
4.2.10 Extinction
4.3 Territorial entities other than states
4.4 International organizations
4.5 Individuals
4.6 Groups of individuals
4.7 Private corporations
4.8 Non-governmental organizations
4.9 Nature as a legal subject?
Summary
Recommended reading
Questions for discussion
List of Key Terms
5 Jurisdiction
5.1 Introduction
5.2 Jurisdiction to prescribe
5.2.1 Introduction
5.2.2 Territorial jurisdiction
5.2.3 Jurisdiction on the basis of nationality
5.2.4 The passive personality principle
5.2.5 Protective jurisdiction
5.2.6 Universal jurisdiction
5.2.7 Concurring/overlapping jurisdictions
5.2.8 Jurisdiction over aircraft and ships
5.3 Jurisdiction to enforce
Summary
Recommended reading
Questions for discussion
List of Key Terms
6 Immunity from national jurisdiction and diplomatic protection
6.1 Introduction
6.2 State immunity
6.2.1 Introduction
6.2.2 The exception to immunity for commercial acts
6.2.3 Other exceptions to state immunity
6.2.4 Immunity from enforcement
6.3 The immunities of state representatives
6.3.1 Introduction
6.3.2 The immunity of certain high-ranking representatives
6.3.3 The immunity of other state representatives who perform official acts
6.4 Diplomatic immunities and protection
6.4.1 Introduction
6.4.2 Immunity and protection of diplomatic agents
6.4.3 Protection of diplomatic premises and property
6.4.4 Obligations of the sending state and abuse of privilege
6.4.5 Consular immunity and protection
6.4.6 Immunity for representatives on ‘special missions’
6.5 Immunity of international organizations
Summary
Recommended reading
Questions for discussion
List of Key Terms
7 Principles for international responsibility
7.1 Introduction
7.2 The basic principles of state responsibility
7.3 Attribution of conduct to a state
7.3.1 Introduction
7.3.2 Attribution for acts performed by the state and its organs
7.3.3 Attribution for acts performed by organs exercising governmental authority
7.3.4 Attribution for acts by organs ‘on loan’ from another state
7.3.5 Responsibility for acts ultra vires
7.3.6 Attribution for acts performed by private individuals
7.3.7 Acts of an insurrectional movement
7.3.8 Responsibility for acts subsequently acknowledged and adopted
7.4 State responsibility in relation to acts of other states
7.5 Circumstances precluding wrongfulness
7.5.1 Introduction
7.5.2 Consent
7.5.3 Self-defence
7.5.4 Lawful countermeasures
7.5.5 Force majeure
7.5.6 Distress
7.5.7 Necessity
7.5.8 Circumstances precluding wrongfulness and jus cogens
7.6 Consequences of wrongful state conduct
7.6.1 Introduction
7.6.2 The cessation of wrongful conduct
7.6.3 The duty to make reparation
7.6.4 Obligations of third states following breaches of jus cogens
7.7 Who may invoke a breach of international law?
7.7.1 Introduction—the injured state
7.7.2 Obligations erga omnes
7.8 Diplomatic protection
7.9 The international responsibility of international organizations
Summary
Recommended reading
Questions for discussion
List of Key Terms
8 The international law of the sea
8.1 Introduction
8.2 The sources of the international law of the sea
8.3 The spatial partitioning of the sea
8.3.1 Introduction
8.3.2 The concept of baselines
8.3.3 Internal waters and the territorial sea
8.3.4 The contiguous zone
8.3.5 The exclusive economic zone (EEZ)
8.3.6 The continental shelf
8.3.7 The Area—exploitation of the deep seabed
8.3.8 The high seas
8.3.9 Delimitation of maritime zones
8.4 Piracy
8.5 Conservation of marine life
8.6 Dispute settlement in the law of the sea
Summary
Recommended reading
Questions for discussion
9 International human rights law
9.1 Introduction
9.2 Sources of human rights law
9.3 Categories of human rights
9.3.1 Introduction
9.3.2 Civil and political rights
9.3.3 Economic and social rights
9.3.4 Collective rights
9.4 Human rights and responsibility for private acts
9.5 Enforcement of human rights in the United Nations
9.5.1 Introduction
9.5.2 Charter-based human rights mechanisms
9.5.3 Treaty-based enforcement mechanisms
9.6 Regional systems for the protection of human rights
9.6.1 Introduction
9.6.2 Human rights protection in Europe
9.6.2.1 Introduction—the European Convention on Human Rights
9.6.2.2 The European Court of Human Rights (ECtHR)
9.6.2.3 The substantive rights
9.6.2.4 The ECtHR’s interpretation
9.6.2.5 Other Council of Europe human rights conventions
9.6.2.6 Human rights protection in the EU
9.6.3 Human rights protection in the Americas
9.6.4 Human rights protection in Africa
9.6.5 Human rights protection in the Middle East
9.7 A human right to a healthy environment—climate change and human rights
9.8 The territorial scope of human rights treaties
9.9 Human rights in times of public emergency
9.10 International protection of refugees
9.10.1 Introduction—the Refugee Convention
9.10.2 The protection of refugees in the Refugee Convention
9.10.3 The protection of individuals who fear ill-treatment in other human rights conventions
Summary
Recommended reading
Questions for discussion
List of Key Terms
10 International environmental law
10.1 Introduction
10.2 From Stockholm to Rio and back to Rio
10.3 Sources of international environmental law
10.4 Basic principles of international environmental law
10.4.1 Introduction
10.4.2 Principles that seek to prevent environmental damage
10.4.3 Principles that seek to ensure a balanced approach to environmental protection
10.5 Substantive regulation
10.5.1 Introduction
10.5.2 Climate change and the protection of the atmosphere
10.5.2.1 Climate change
10.5.2.2 Limiting air pollution
10.5.2.3 Protecting the ozone layer
10.5.3 Protection of the marine environment
10.5.4 Conservation of nature and species
10.5.4.1 Protection of Antarctica
10.5.4.2 Protection of wetlands
10.5.4.3 Protection of ‘World Heritage’
10.5.4.4 Protection of endangered species
10.5.4.5 Fighting desertification
10.5.4.6 Protection of biodiversity
10.5.5 The regulation of hazardous substances
10.5.5.1 Nuclear energy
10.5.5.2 Chemical substances
10.6 Responsibility and reparation for breaches of environmental law
Summary
Recommended reading
Questions for discussion
11 International economic law
11.1 Introduction
11.2 The capitalist basis of the Bretton Woods system
11.3 The WTO and international trade
11.3.1 Introduction
11.3.2. From the Uruguay Round to Trump’s tariffs
11.3.3 The principles of regulation in the WTO
11.3.4 Substantive regulation in the WTO
11.3.4.1 Introduction
11.3.4.2 The 1994 General Agreement on Tariffs and Trade
11.3.4.3 The General Agreement on Trade in Services
11.3.4.4 The Agreement on Trade-Related Aspects of Intellectual Property Rights
11.3.5 Dispute settlement in the WTO
11.3.6 Regional economic cooperation
11.4 International monetary law
11.4.1 Introduction—the IMF
11.4.2 Exchange rate policies
11.4.3 Lending arrangements and the issue of ‘conditionality’
11.4.4 The World Bank—and debt assistance to the poorest states
11.4.5 The monetary system in the EU
11.5 International investment law
11.5.1 Introduction
11.5.2 Expropriation and protection of foreign investors under customary international law
11.5.3 Treaties on investment protection
11.5.4 Settlement of investment disputes
Summary
Recommended reading
Questions for discussion
12 Dispute settlement and the International Court of Justice
12.1 Introduction
12.2 Non-adjudicatory means of settling international disputes
12.3 Arbitration
12.4 The International Court of Justice
12.4.1 Introduction
12.4.2 Access to the Court in contentious cases
12.4.3 Consent to jurisdiction in contentious cases
12.4.3.1 Introduction
12.4.3.2 The expression of consent
12.4.3.3 Third states
12.4.4 The existence of a ‘dispute’
12.4.5 The power of the ICJ to indicate provisional measures
12.4.6 The effects of the Court’s decisions
12.4.7 The relationship between the Court and the Security Council
12.4.8 Advisory opinions
12.5 International courts and tribunals with a specialized mandate
Summary
Recommended reading
Questions for discussion
List of Key Terms
13 The international regulation of the use of force
13.1 Introduction
13.2 The UN Charter and the prohibition on the use of force
13.2.1 Introduction
13.2.2 The prohibition on the use of force
13.2.3 Interferences that fall below the threshold for constituting force under article 2(4)
13.3 The Security Council and the maintenance of international peace and security
13.3.1 Introduction
13.3.2 Determinations under article 39
13.3.3 Provisional measures under article 40
13.3.4 Non-forcible measures under article 41
13.3.5 Enforcement under article 42
13.3.6 Limits on the Security Council’s authority
13.3.7 Interpretation of Security Council resolutions
13.3.8 Regional organizations
13.4 The unilateral use of force by states
13.4.1 The right to self-defence
13.4.1.1 Introduction
13.4.1.2 An ‘armed attack’
13.4.1.3 Attacks by private actors
13.4.1.4 The initiation of self-defence
13.4.1.5 Necessity and proportionality
13.4.1.6 Collective self-defence
13.4.1.7 The relationship between the Security Council and the exercise of self-defence
13.4.1.8 Collective security and self-defence
13.5 A plea of necessity?
13.6 Humanitarian interventions
13.7 Russia’s war in Ukraine
13.8 Israel’s war in Gaza
Summary
Recommended reading
Questions for discussion
List of Key Terms
14 The law of armed conflict
14.1 Introduction
14.2 The sources of international humanitarian law
14.3 The application of international humanitarian law
14.3.1 Introduction
14.3.2 International armed conflict
14.3.3 Non-international armed conflict
14.3.4 So-called ‘transnational armed conflicts’
14.3.5 Changes of conflict status
14.3.6 The war in Gaza
14.4 Battlefield status in international armed conflict
14.4.1 Introduction
14.4.2 Combatants
14.4.3 Civilians
14.5 The regulation of belligerent occupation
14.6 The regulation of non-international armed conflicts
14.7 The basic principles of the conduct of hostilities
14.7.1 Introduction
14.7.2 The principle of distinction
14.7.3 The prohibition against causing unnecessary suffering
14.7.4 Nuclear weapons
14.7.5 Emerging technologies of warfare
14.8 The relationship between international humanitarian law and human rights law
Summary
Recommended reading
Questions for discussion
List of Key Terms
15 International criminal law
15.1 Introduction
15.2 Sources of international criminal law
15.3 Prosecution of international crimes before international courts
15.3.1 Introduction
15.3.2 International criminal courts
15.3.2.1 Ad hoc international criminal courts
15.3.2.2 The International Criminal Court
15.3.3 Crimes in international criminal law
15.3.3.1 Introduction
15.3.3.2 Genocide
15.3.3.3 Crimes against humanity
15.3.3.4 War crimes
15.3.3.5 Aggression
15.3.4 Criminal liability
15.3.5 Defences
15.3.6 Due process guarantees
15.3.7 The question of immunity as a procedural bar to prosecution before international criminal courts
15.4 National prosecution of international crimes
Summary
Recommended reading
Questions for discussion
List of Key Terms
Glossary