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| Preface | |
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| Table of cases | |
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| Table of treaties and selected other international instruments | |
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| List of abbreviations | |
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| The nature and development of international law | |
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| Law and politics in the world community | |
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| The role of force | |
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| The international system | |
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| The function of politics | |
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| Historical development | |
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| Early origins | |
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| The Middle Ages and the Renaissance | |
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| The founders of modern international law | |
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| Positivism and naturalism | |
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| The nineteenth century | |
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| The twentieth century | |
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| Communist approaches to international law | |
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| The Third World | |
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| International law today | |
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| The expanding legal scope of international concern | |
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| Modern theories and interpretations | |
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| Positive Law and Natural Law | |
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| New approaches | |
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| Sources | |
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| Custom | |
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| Introduction | |
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| The material fact | |
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| What is state practice? | |
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| Opinio juris | |
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| Protest, acquiescence and change in customary law | |
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| Regional and local custom | |
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| Treaties | |
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| General principles of law | |
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| Equity and international law | |
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| Judicial decisions | |
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| Writers | |
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| Other possible sources of international law | |
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| The International Law Commission | |
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| Other bodies | |
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| Unilateral acts | |
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| Hierarchy of sources and jus cogens | |
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| International law and municipal law | |
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| The theories | |
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| The role of municipal rules in international law | |
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| International law before municipal courts | |
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| The United Kingdom | |
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| The United States | |
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| Other countries | |
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| Justiciability, act of state and related doctrines | |
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| Executive certificates | |
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| The subjects of international law | |
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| Legal personality--introduction | |
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| States | |
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| Creation of statehood | |
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| Self-determination and the criteria of statehood | |
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| Recognition | |
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| Extinction of statehood | |
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| The fundamental rights of states | |
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| Protectorates and protected states | |
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| Federal states | |
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| Sui generis territorial entities | |
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| Mandated and trust territories | |
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| Germany 1945 | |
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| Condominium | |
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| International territories | |
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| Taiwan | |
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| The 'Turkish Republic of Northern Cyprus' (TRNC) | |
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| The Saharan Arab Democratic Republic | |
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| Associations of states | |
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| Conclusions | |
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| Special cases | |
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| The Sovereign Order of Malta | |
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| The Holy See and the Vatican City | |
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| Insurgents and belligerents | |
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| National liberation movements (NLMs) | |
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| International public companies | |
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| Transnational corporations | |
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| The right of all peoples to self-determination | |
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| The establishment of the legal right | |
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| The definition of self-determination | |
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| Individuals | |
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| International criminal responsibility | |
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| International organisations | |
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| The acquisition, nature and consequences of legal personality--some conclusions | |
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| The international protection of human rights | |
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| The nature of human rights | |
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| Ideological approaches to human rights in international law | |
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| The development of international human rights law | |
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| Some basic principles | |
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| Domestic jurisdiction | |
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| The exhaustion of domestic remedies rule | |
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| Priorities of rights | |
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| Customary international law and human rights | |
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| The United Nations system--general | |
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| The protection of the collective rights of groups and individuals | |
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| The United Nations system--implementation | |
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| Political bodies--general | |
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| Expert bodies established by UN organs | |
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| Expert bodies established under particular treaties | |
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| Conclusions | |
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| The specialised agencies | |
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| The International Labour Organisation | |
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| The United Nations Educational, Scientific and Cultural Organisation | |
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| The regional protection of human rights | |
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| Europe | |
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| The Council of Europe | |
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| The European Union | |
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| The OSCE (Organisation for Security and Co-operation in Europe) | |
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| The CIS Convention on Human Rights and Fundamental Freedoms | |
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| The Human Rights Chamber of Bosnia and Herzegovina | |
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| The American Convention on Human Rights | |
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| The Banjul Charter on Human and Peoples' Rights | |
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| The Arab Charter on Human Rights | |
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| Recognition | |
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| Recognition of states | |
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| Recognition of governments | |
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| De facto and de jure recognition | |
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| Premature recognition | |
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| Implied recognition | |
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| Conditional recognition | |
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| Collective recognition | |
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| Withdrawal of recognition | |
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| Non-recognition | |
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| The legal effects of recognition | |
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| Internationally | |
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| Internally | |
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| Territory | |
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| The concept of territory in international law | |
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| Territorial sovereignty | |
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| New states and title to territory | |
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| The acquisition of additional territory | |
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| Boundary treaties and boundary awards | |
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| Accretion | |
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| Cession | |
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| Conquest and the use of force | |
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| The exercise of effective control | |
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| Conclusions | |
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| Territorial integrity, self-determination and sundry claims | |
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| The doctrine of uti possidetis | |
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| Beyond uti possidetis | |
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| International boundary rivers | |
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| The Falkland Islands | |
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| 'The common heritage of mankind' | |
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| The polar regions | |
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| Leases and servitudes | |
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| Air law and space law | |
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| Air law | |
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| Theories | |
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| The structure | |
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| The Warsaw Convention system | |
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| Unauthorised aerial intrusion and the downing of civilian airliners | |
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| The law of outer space | |
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| The definition and delimitation of outer space | |
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| The regime of outer space | |
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| Telecommunications | |
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| The law of the sea | |
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| The territorial sea | |
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| Internal waters | |
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| Baselines | |
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| Bays | |
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| Islands | |
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| Archipelagic states | |
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| The width of the territorial sea | |
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| Delimitation of the territorial sea between states with opposite or adjacent coasts | |
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| The juridical nature of the territorial sea | |
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| The right of innocent passage | |
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| Jurisdiction over foreign ships | |
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| International straits | |
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| The contiguous zone | |
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| The exclusive economic zone | |
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| The continental shelf | |
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| Definition | |
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| The rights and duties of the coastal state | |
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| Maritime delimitation | |
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| Landlocked states | |
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| The high seas | |
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| Jurisdiction on the high seas | |
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| Exceptions to the exclusivity of flag-state jurisdiction | |
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| The international seabed | |
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| Introduction | |
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| The 1982 Law of the Sea Convention (Part XI) | |
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| The Reciprocating States Regime | |
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| The 1994 Agreement on Implementation of the Seabed Provisions of the Convention on the Law of the Sea | |
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| The International Seabed Authority | |
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| Settlement of disputes | |
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| Jurisdiction | |
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| The principle of domestic jurisdiction | |
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| Legislative, executive and judicial jurisdiction | |
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| Civil jurisdiction | |
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| Criminal jurisdiction | |
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| The territorial principle | |
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| The nationality principle | |
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| The passive personality principle | |
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| The protective principle | |
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| The universality principle | |
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| Extradition | |
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| Extraterritorial jurisdiction | |
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| Immunities from jurisdiction | |
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| Sovereign immunity | |
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| The absolute immunity approach | |
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| The restrictive approach | |
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| Sovereign and non-sovereign acts | |
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| State immunity and violations of human rights | |
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| Commercial acts | |
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| Contracts of employment | |
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| Other non-immunity areas | |
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| The personality issue--instrumentalities and parts of the state | |
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| The personality issue--immunity for government figures | |
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| Waiver of immunity | |
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| Pre-judgment attachment | |
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| Immunity from execution | |
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| The burden and standard of proof | |
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| Conclusion | |
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| Diplomatic law | |
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| The Vienna Convention on Diplomatic Relations, 1961 | |
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| Consular privileges and immunities: the Vienna Convention on Consular Relations, 1963 | |
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| The Convention on Special Missions, 1969 | |
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| The Vienna Convention on the Representation of States in their Relations with International Organisations of a Universal Character, 1975 | |
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| The immunities of international organisations | |
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| Internationally protected persons | |
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| State responsibility | |
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| The nature of state responsibility | |
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| The question of fault | |
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| Imputability | |
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| Circumstances precluding wrongfulness | |
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| Invocation of state responsibility | |
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| The consequences of internationally wrongful acts | |
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| Serious breaches of peremptory norms (jus cogens) | |
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| Diplomatic protection and nationality of claims | |
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| The exhaustion of local remedies | |
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| The treatment of aliens | |
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| The relevant standard of treatment | |
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| The expropriation of foreign property | |
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| The property question | |
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| The nature of expropriation | |
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| Public purposes | |
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| Compensation | |
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| Bilateral investment treaties | |
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| Lump-sum agreements | |
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| Non-discrimination | |
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| The Multilateral Investment Guarantee Agency | |
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| International environmental law | |
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| State responsibility and the environment | |
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| The basic duty of states | |
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| The appropriate standard | |
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| Damage caused | |
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| Liability for damage caused by private persons | |
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| Prevention of transboundary harm from hazardous activities | |
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| The problems of the state responsibility approach | |
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| International co-operation | |
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| Atmospheric pollution | |
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| Ozone depletion and global warming | |
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| Outer space | |
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| International watercourses | |
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| Ultra-hazardous activities | |
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| Nuclear activities | |
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| Hazardous wastes | |
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| Marine pollution | |
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| Pollution from ships | |
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| The law of treaties | |
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| The making of treaties | |
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| Formalities | |
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| Consent | |
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| Reservations to treaties | |
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| Entry into force of treaties | |
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| The application of treaties | |
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| Third states | |
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| The amendment and modification of treaties | |
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| Treaty interpretation | |
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| Invalidity, termination and suspension of the operation of treaties | |
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| General provisions | |
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| Invalidity of treaties | |
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| The termination of treaties | |
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| Dispute settlement | |
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| Treaties between states and international organisations | |
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| State succession | |
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| Continuity and succession | |
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| Succession to treaties | |
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| Categories of treaties: territorial, political and other treaties | |
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| Succession to treaties generally | |
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| International human rights treaties | |
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| Succession with respect to matters other than treaties | |
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| Membership of international organisations | |
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| Succession to assets and debts | |
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| State succession and nationality | |
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| Hong Kong | |
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| The settlement of disputes by peaceful means | |
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| Diplomatic methods of dispute settlement | |
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| Negotiation | |
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| Good offices and mediation | |
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| Inquiry | |
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| Conciliation | |
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| International institutions and dispute settlement | |
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| Regional organisations and the United Nations | |
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| The African Union (Organisation of African Unity) | |
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| The Organisation of American Statese | |
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| The Arab League | |
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| Europe | |
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| International organisations and facilities of limited competence | |
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| Inter-state courts and tribunals | |
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| Arbitration | |
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| Judicial settlement | |
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| The International Court of Justice | |
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| The International Tribunal for the Law of the Sea | |
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| Proliferation of courts and tribunals | |
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| International law and the use of force by states | |
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| Law and force from the 'just war' to the United Nations | |
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| The UN Charter | |
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| 'Force' | |
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| 'Against the territorial integrity or political independence of any state' | |
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| Categories of force | |
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| Retorsion | |
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| Reprisals | |
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| The right of self-defence | |
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| The protection of nationals abroad | |
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| Conclusions | |
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| Collective self-defence | |
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| Force and self-determination | |
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| Intervention | |
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| Civil Wars | |
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| Aid to the authorities of a state | |
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| The situation in the Democratic Republic of the Congo | |
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| Humanitarian intervention | |
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| Terrorism and international law | |
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| International humanitarian law | |
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| Development | |
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| The scope of protection under the Geneva Conventions system | |
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| The conduct of hostilities | |
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| Armed conflicts: international and internal | |
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| Non-international armed conflict | |
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| Enforcement of humanitarian law | |
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| Conclusion | |
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| The United Nations | |
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| The UN system | |
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| The Security Council | |
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| The General Assembly | |
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| The Economic and Social Council | |
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| The Trusteeship Council | |
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| The Secretariat | |
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| The specialised agencies | |
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| The peaceful settlement of disputes | |
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| The League of Nations | |
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| The United Nations system | |
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| Conclusion | |
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| The collective security system | |
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| The Security Council | |
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| The role of the General Assembly | |
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| The UN and regional arrangements and agencies | |
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| International institutions | |
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| Historical development | |
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| Approaches to international institutions | |
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| Institutions of a universal character | |
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| The League of Nations | |
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| The United Nations | |
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| International economic organisations | |
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| Regional institutions | |
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| Europe | |
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| The American Continent | |
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| The Arab League | |
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| Africa | |
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| Eastern Europe | |
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| Asia | |
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| Some legal aspects of international organisations | |
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| Personality | |
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| The constituent instruments | |
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| The Powers of international institutions | |
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| The applicable law | |
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| The responsibility of international institutions | |
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| Liability of member states | |
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| The accountability of international institutions | |
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| Privileges and immunitie | |
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| Dissolution | |
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| Succession | |
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| Some useful international law websites | |
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| Index | |