willyvan
Posted August 10, 2010
I Also Recommend:
This book, by the late Sir Ian Brownlie, Chichele Professor of Public International Law at Oxford University 1980-99, is possibly the best text on international law. His chapters on war and peace are of special merit.
He observes, "The member States of the United Nations, or at least the majority, recognised the legality of wars of liberation in certain conditions."
Brownlie comments on NATO's 1999 attack on Yugoslavia: "There is a preliminary and major difficulty in classifying the action. This because the authenticity of the subsequent claims that the action had humanitarian motives is substantially undermined by the fact that, beginning in October 1998, the threats of force were linked directly to a collateral political agenda, that is, the acceptance by Yugoslavia of various political 'demands' concerning the status of Kosovo, these 'demands' being presented under threat of a massive bombing campaign. This background has been ignored by many commentators."
He points out, "The position in 1999, when the operations took place, was that there was little or no authority and little or no state practice to support the right of individual States to use force on humanitarian grounds in international law. . State practice has been overwhelmingly hostile to the concept of intervention on such a selective and subjective basis. The weak legal position was recognised by the United Kingdom Government when it informed the Select Committee on Foreign Affairs of the House of Commons of its aim of establishing in the United Nations 'new principles governing humanitarian intervention'."
Brownlie notes, "It is difficult to bring forcible regime change within concept of self-defence or the principle of self-determination. . the international consensus [is] that individual States, or a group of States, cannot resort to force (for purposes other than self-defence) except with the express authorization of the Security Council." The Foreign Ministers of the Group of 77 (actually 132 states) declared on 24 September 1999 that "They rejected the so-called right of humanitarian intervention, which has no basis in the United Nations Charter or international law."
Brownlie observes, "Since 1945 the practice of States generally has been opposed to anticipatory self-defence. The Israeli attack on an Iraqi nuclear reactor in 1981 was strongly condemned as a 'clear violation of the Charter of the United Nations' in Security Council Resolution 487 (1981) (adopted unanimously)."
He points out drily, "The Bush doctrine, published in 2002, claims a right of 'pre-emptive action' against States who are seen as potential adversaries. This doctrine is applicable in the absence of any proof of an attack or even an imminent attack. This doctrine lacks a legal basis, but it does have an historical parallel, the attack on Serbia by Austria-Hungary in 1914."
Brownlie also criticises 'the gross and persistent measures of discrimination and breaches of humanitarian law on the part of Israel against the Palestinian people and their institutions'.
More About This Textbook
Overview
Principles of Public International Law has been shaping the study and application of international law for over 40 years. Written by a world-renowned expert, this book was the first to bring human rights into the mainstream of international law.
This seventh edition, fully updated since 2003, continues to provide the balance, clarity and expertise expected by Brownlie readers. The depth of knowledge displayed by the author, along with the detailed referencing and logical structure, make this title an indispensable resource for students, scholars and practitioners working in or studying international law.
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Meet the Author
The Late Ian Brownlie, CBE, QC, was a Barrister in practice at Blackstone's Chambers in London and Distinguished Fellow of All Souls College, Oxford. He was re-elected to the International Law Commission for a third five-year term in 2006 on the nomination of the Governments of the United Kingdom, Canada, New Zealand and India, and was elected Chairman in 2007.
Table of Contents
1 Sources of the Law 3
2 The Relation of Municipal and International Law 31
3 Subjects of the Law 57
4 Incidence and Continuity of Statehood 69
5 Recognition of States and Governments 85
6 Territorial Sovereignty 105
7 The Creation and Transfer of Territorial Sovereignty 123
8 Status of Territory: Further Problems 163
9 Territorial Sea, Contiguous Zones, and Exclusive Economic Zones 173
10 The Continental Shelf: Delimitation of Shelf Areas and Exclusive Economic Zones 205
11 The Regime of the High Seas 223
12 Common Amenities and Co-operation in the Use of Resources 249
13 Legal Aspects of the Protection of the Environment 275
14 Sovereignty and Equality of States 289
15 Jurisdictional Competence 299
16 Privileges and Immunities of Foreign States 323
17 Diplomatic and Consular Relations 349
18 Reservations from Territorial Sovereignty 369
19 The Relations of Nationality 383
20 Some Rules of Attribution: Corporations and Specific Assets 419
21 The Responsibility of States 433
22 The Admissibility of State Claims 475
23 A System of Multilateral Public Order: Some Incidents of Illegality and the Concept of Jus Cogens 507
24 Injury to the Persons and Properly of Aliens on State Territory 519
25 The Protection of Individuals and Groups: Human Rights and Self-Determination 553
26 International Criminal Justice 587
27 The Law of Treaties 607
28 Other Transactions Including Agency and Representation 639
29 State Succession 649
30 Other Cases of Transmission of Rights and Duties 669
31 International Organizations 675
32 The Judicial Settlement of International Disputes 701
33 The Use or Threat of Force by States729