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More About This Textbook
Overview
Of all legal subjects, international law is at once the most richly varied and arguably the least understood, even by lawyers. For the past two decades it has been the focus of intense analysis by legal philosophers, international relations specialists, linguists, professional lawyers, historians, economists, and political scientists, as well as those who study, teach, and practice the discipline. Yet, the realities of international trade and communication mean that regulations in one State often directly affect matters within others. In the established tradition of the Clarendon Law Series, International Law is both an introduction to the subject and a critical consideration of its central themes and debates. The book explores the scope and function of international law, and explains how it helps to underpin our international political and economic systems. It then goes on to examine the wider theoretical implications of international law's role in modern society, including issues such as the independence of states, limits of national freedom of choice, human rights, and international crime.
Product Details
Meet the Author
Vaughan Lowe is Chichele Professor of Public International Law, and a Fellow of All Souls College, University of Oxford
Table of Contents
Abbreviations xi
Table of Cases xiii
Table of International Conventions and Treaties xvii
Introduction and Overview: The Ambit of International Law 1
Aim of the book 1
The scope and nature of international law 5
The changing scope of international law 11
The emergence of international organizations 13
The emergence of new international actors 14
Why do people comply with international law? 18
Why should people comply with international law? 24
How international law is invoked and applied 28
The domestic analogy 29
How International Law is Made 34
Customary international law 36
The component elements of customary international law 36
Opinio juris: acceptance of a practice as law 38
The time element 41
What counts as State practice 42
Collections of State practice 46
How rules are discerned 47
Some aspects of opinio juris 50
Local and regional custom 53
Persistent objection 55
Jus cogens 58
Institutions 60
How customary law changes 61
Treaties 64
Making treaties 65
Reservations to treaties 68
Treaty interpretation 73
Invalid treaties 74
Release from treaty obligations 77
Amending treaties 80
Treaties and customary international law 81
Treaty collections 86
Other sources of law 87
General principles of law 87
Unilateral acts of States 88
The role of international organizations in law-making 90
International law and non-legal sources of norms 97
The Principles of the International Legal System 100
The prohibition on the threat or use of force 101
The duty to settle disputes peacefully 104
The duty of non-intervention 104
The duty to co-operate 110
The principle of equal rights and self-determination of peoples 113
The principle of sovereign equality of States 114
The principle of good faith 116
The nature of the Declaration on Principles of International Law 118
State responsibility 119
Implementing State responsibility 122
Personality and the scope of application of international law 122
International law in domestic courts 125
International law in international tribunals 127
Diplomatic protection of nationals 132
International law outside tribunals 134
States 136
Introduction: territories, borders, and States 136
State territory 138
Intertemporal law and the modes of acquiring territory 140
Prescription 144
Occupied territories, decolonization, and uti possidetis 146
Governing without sovereignty 148
Borders and frontiers 150
The State 153
The population 153
Nationality 154
Statelessness 155
The territory 156
The government 156
Independence: the capacity to enter into relations with the other States 157
Legitimacy 159
Recognition: where principle and expediency meet 160
Recognition and Statehood in domestic law 166
State succession 169
Inside the State 170
State jurisdiction 170
Jurisdiction over territory 172
Maritime jurisdiction 173
Jurisdiction over nationals 174
Protective jurisdiction 176
Universal jurisdiction 177
Other extra-territorial extensions of jurisdiction 179
Treaty-based jurisdiction 180
Competing and conflicting jurisdiction 181
Extradition and legal co-operation 181
Resolving jurisdictional conflicts 183
Enforcing jurisdiction 184
Immunities 184
Other limitations on the exercise of a State's jurisdiction 186
The Global Economy 188
Introduction 188
The creation of the Bretton Woods system, the GATT, and the Havana Conference 192
The World Bank 194
The IDA and the IFC 196
Foreign investments, the ICSID, and MIGA 197
The IMF and the international monetary system 205
The international trading system 215
The GATT and the WTO 217
Commodity and energy agreements 227
Regional economic arrangements 230
Final observations 232
The Global Environment 234
The environment and the limitations of law 234
Alternative approaches 239
Transboundary harm 240
Trusteeship and the community resources approach 243
Changing attitudes to the environment 250
The Stockholm Declaration 1972 251
UNCED, the Rio Declaration, and Agenda 21, 1992 256
Techniques 258
Prohibitions 259
Setting targets 259
Information and informed consent 260
Environmental impact assessment 261
Licensing 261
Monitoring and reporting 262
Safe procedures and cleaning up 262
Liability 262
The broader view 263
The Use of Force 264
Introduction 264
The use of force in international law 267
The Charter system 270
Uses of force authorized by the United Nations 271
Self-defence 275
Humanitarian intervention 280
The law of armed conflict 282
War and crime 287
Postscript 290
Index 291