| |
| |
Preface | |
| |
| |
Abbrevations | |
| |
| |
| |
The Law of Nations | |
| |
| |
| |
The Nature of International Law | |
| |
| |
The Nature of the Law | |
| |
| |
Visions of International Politics | |
| |
| |
Why Do States Obey International Law? | |
| |
| |
Extralegal Factors That Promote Compliance | |
| |
| |
Suggested Readings | |
| |
| |
| |
Development of Law Among Nations | |
| |
| |
Early Development of International Law | |
| |
| |
From Medieval to Early Modern Europe | |
| |
| |
The Impact of Westphalia (1648) | |
| |
| |
The Nineteenth Century | |
| |
| |
International Law As "International" Before World War I | |
| |
| |
Twentieth Century | |
| |
| |
Suggested Readings | |
| |
| |
| |
Sources of the Law | |
| |
| |
International Treaties (Conventions) | |
| |
| |
International Custom | |
| |
| |
Beyond Article 38 of the Statute | |
| |
| |
Suggested Readings | |
| |
| |
| |
International Agreements | |
| |
| |
Types of Agreements | |
| |
| |
What Makes a Treaty Valid? | |
| |
| |
Formation of Treaties | |
| |
| |
Special Problems | |
| |
| |
Validity of Treaties | |
| |
| |
Suggested Readings | |
| |
| |
| |
International Legal Process | |
| |
| |
Diplomatic Correspondence: Government-to-Government Claim or Negotiation | |
| |
| |
Sanctions and Centralized Enforcement | |
| |
| |
Suggested Readings | |
| |
| |
| |
The Relationship Between International and Municipal Laws | |
| |
| |
Monism and Dualism: What is the Relationship Between International and Domestic Law? | |
| |
| |
Applying International Law | |
| |
| |
Civil Code States and the European Union | |
| |
| |
Suggested Readings | |
| |
| |
| |
Subjects of International Law | |
| |
| |
| |
Subjects of International Law: Recognition | |
| |
| |
The Community of Nations | |
| |
| |
International Juridical Personality | |
| |
| |
Contemporary Practice | |
| |
| |
State Succession | |
| |
| |
Suggested Readings | |
| |
| |
| |
Rights and Duties of International Legal Persons | |
| |
| |
Traditional Views | |
| |
| |
Rights of States | |
| |
| |
The Rights of Existence and Independence | |
| |
| |
The Right of Equality | |
| |
| |
The Right of Immunity | |
| |
| |
State Immunity | |
| |
| |
Act of State Doctrine | |
| |
| |
Rights of International Organizations | |
| |
| |
Duties of States | |
| |
| |
Suggested Readings | |
| |
| |
| |
The Allocation of Competence in International Law | |
| |
| |
| |
Nationality | |
| |
| |
Meaning of Nationality | |
| |
| |
Right of the State to Confer Nationality | |
| |
| |
Suggested Readings | |
| |
| |
| |
Principles of Jurisdiction | |
| |
| |
Principles of International Jurisdiction | |
| |
| |
Extradition | |
| |
| |
Common Elements of Extradition Treaties | |
| |
| |
Suggested Readings | |
| |
| |
| |
State Responsibility: Responsibility for Injuries to Aliens | |
| |
| |
Circumstances Precluding Wrongfulness | |
| |
| |
The Rainbow Warrior | |
| |
| |
Mixed Claims Commissions | |
| |
| |
Responsibility of States for the Actions of Rebels and Insurgent Governments | |
| |
| |
Suggested Readings | |
| |
| |
| |
The Law of the Sea | |
| |
| |
Some Notes on "Lawmaking" at the International Level | |
| |
| |
General Principles | |
| |
| |
Basic Principles | |
| |
| |
Maritime Boundaries and Jurisdictional Principles | |
| |
| |
High Seas | |
| |
| |
A Note on Regimes and the Idea of the Global Commons | |
| |
| |
Suggested Readings | |
| |
| |
| |
Jurisdiction Over Air Space and Outer Space | |
| |
| |
National Airspace | |
| |
| |
Air Hijacking | |
| |
| |
Telecommunications | |
| |
| |
Outer Space | |
| |
| |
Suggested Readings | |
| |
| |
| |
Agents of International Intercourse Immunities | |
| |
| |
Diplomatic Agents | |
| |
| |
Diplomatic Privileges and Immunities | |
| |
| |
Agents of International Organizations: Privileges and Immunities | |
| |
| |
Consular Agents | |
| |
| |
Suggested Readings | |
| |
| |
| |
International Law and the Individual | |
| |
| |
| |
The Individual and International Law: Human Rights | |
| |
| |
The Individual: From Object to Subject | |
| |
| |
Restrictions on the Jurisdiction of States Over Their Nationals | |
| |
| |
Theory and Practice | |
| |
| |
The United Nations and Human Rights | |
| |
| |
International Covenant on Civil and Political Rights | |
| |
| |
International Covenant on Economic, Social, and Cultural Rights | |
| |
| |
Other Human Rights Instruments | |
| |
| |
Implementation | |
| |
| |
Commission on Human Rights/Human Rights Council | |
| |
| |
Regional Human Rights Initiatives | |
| |
| |
Human Rights and Territorial Asylum | |
| |
| |
U.S. Practice and Human Rights Conventions | |
| |
| |
Suggested Readings | |
| |
| |
| |
International Criminal Law | |
| |
| |
Crimes Against Humanity and Genocide | |
| |
| |
Piracy | |
| |
| |
Peacetime Hostage Taking | |
| |
| |
Terrorism | |
| |
| |
Inter-American Convention Against Terrorism | |
| |
| |
Conclusion | |
| |
| |
Suggested Readings | |
| |
| |
| |
Process and Issues | |
| |
| |
| |
Adjudication | |
| |
| |
Advantages and Disadvantages of Adjudication | |
| |
| |
International Adjudication | |
| |
| |
Arbitration | |
| |
| |
Judicial Settlement | |
| |
| |
Suggested Readings | |
| |
| |
| |
International Law and Protection of the Environment | |
| |
| |
The Environment and Traditional International Law | |
| |
| |
The Limits of the Liability/Traditional Law Framework | |
| |
| |
Regimes and the Law | |
| |
| |
Organizations and Regimes | |
| |
| |
The Earth Summit (Rio Conference) | |
| |
| |
Treaties | |
| |
| |
Conclusion | |
| |
| |
Suggested Readings | |
| |
| |
| |
International Economic Law | |
| |
| |
Economic Theory and Economy Law | |
| |
| |
World War I and the Great Depression | |
| |
| |
Prelude: Modern Economic Theory and Political Economy | |
| |
| |
The Bretton Woods System | |
| |
| |
The International Monetary Fund | |
| |
| |
The General Agreement on Tariffs and Trade | |
| |
| |
The Multilateral Investment Guarantee Agency | |
| |
| |
Suggested Readings | |
| |
| |
| |
Law and the Use of Force | |
| |
| |
| |
The Use of Force | |
| |
| |
The Classic Definition of War | |
| |
| |
Pre-Charter Attempts to Regulate the Use of Force | |
| |
| |
The United Nations | |
| |
| |
Terrorism and Self-Defense | |
| |
| |
Suggested Readings | |
| |
| |
| |
International Humanitarian Law: War Crimes | |
| |
| |
The Laws of War (JUS IN BELLO): International Humanitarian Law | |
| |
| |
Early Development of the Law of War | |
| |
| |
Law of Noninternational Wars | |
| |
| |
Prisoners of War | |
| |
| |
Limiting the Means of War | |
| |
| |
Belligerent Occupation | |
| |
| |
Fourth Geneva Convention and AP-I | |
| |
| |
Rules of Conflict in the Air | |
| |
| |
Naval Warfare | |
| |
| |
Suggested Readings | |
| |
| |
| |
War Crime Tribunals | |
| |
| |
The Treaty of Versailles and the Commission of Fifteen | |
| |
| |
Leipzig | |
| |
| |
Constantinople | |
| |
| |
The International Military Tribunal: Nuremberg | |
| |
| |
International Military Tribunal for the Far East | |
| |
| |
Trials by National Tribunals | |
| |
| |
After Nuremberg | |
| |
| |
The Courts: Structure and Organization | |
| |
| |
The International Criminal Court | |
| |
| |
Suggested Readings | |
| |
| |
Subject and Name Index | |
| |
| |
Index of Cases | |