Disputes concerning title to land territory, including islands, and over the precise determination of boundaries are regularly the subject of international proceedings. While the occupation of territory not belonging to any state (terra nullius) is no longer a live issue, issues concerning such occupation in the past may still arise. This chapter discusses the following, the ‘modes’ of acquisition, displacement of title, territorial disputes, and territorial sovereignty and peremptory norms.
Chapter
9. Acquisition and transfer of territorial sovereignty
Chapter
4. The actors in the international legal system
International society is first and foremost a society of individual sovereign states. However, states are by no means the only relevant actors in international law. In fact, one of the consequences of the post-1945 expansion of international law into areas that had traditionally been of limited international interest has been the increasing legal importance of a variety of non-state actors, most notably international organizations and individuals. This chapter introduces the various actors in the international legal system that possess rights, powers and obligations in international law. It provides a thorough presentation of statehood and the criteria for the creation of new states, and briefly discusses the (limited) legal significance of recognition. It discusses the modes by which a state can acquire title to new territory; the issues of state succession and state extinction; and the legal personality of territorial entities other than states, international organizations, individuals and additional actors in the international legal system.
Chapter
4. The actors in the international legal system
International society is first and foremost a society of individual sovereign states. However, states are by no means the only relevant actors in international law. In fact, one of the consequences of the post-1945 expansion of international law into areas that had traditionally been of limited international interest has been the increasing legal importance of a variety of non-state actors, most notably international organizations and individuals. This chapter introduces the various actors in the international legal system that possess rights, powers and obligations in international law. It provides a thorough presentation of statehood and the criteria for the creation of new states, and briefly discusses the (limited) legal significance of recognition. It discusses the modes by which a state can acquire title to new territory; the issues of state succession and state extinction; and the legal personality of territorial entities other than states, international organizations, individuals and additional actors in the international legal system.
Chapter
18. The Adoption of the essential features of the adversarial system
Antonio Cassese, Paola Gaeta, Laurel Baig, Mary Fan, Christopher Gosnell, and Alex Whiting
This chapter begins with a comparison of the inquisitorial and adversarial systems of criminal procedure. It then discusses trial proceedings; appellate proceedings; and the adoption of the adversarial model at the international level.
Chapter
11. Aggression
This chapter focuses on the crime of aggression. It first traces the historical development crime of aggression. It then addresses the question of who can be considered a perpetrator of the crime; outlines the manner in which the crime can be committed; examines the controversial question of how ‘aggression’ is to be defined for the purposes of the offence; and distinguishes between aggression and lawful uses of military force in international law. The remainder of the chapter discusses some controversial cases of the use of force and whether they might constitute aggression; outlines the mental element required; explains the applicable law before the International Criminal Court (ICC); and explores the possibility of prosecuting acts of aggression before national courts.
Chapter
21. Appeals and enforcement
Antonio Cassese, Paola Gaeta, Laurel Baig, Mary Fan, Christopher Gosnell, and Alex Whiting
The right of defendants to appeal against conviction or sentence is normally regarded as a fundamental human right. At present this right is laid down in numerous international treaties on human rights, as well as in the Statutes of international courts. The notion and purpose of appellate proceedings vary in national systems. Subject to a number of specifications and exceptions, in civil law countries, that is countries of Romano-Germanic legal tradition, these proceedings amount largely to a retrial by a court of appeal. In contrast, in most common law countries appellate proceedings do not lead to a retrial. Appeals courts, which do not have any jury, do not review facts, but decide on the basis of the trial record. In international criminal proceedings neither the common law system nor the civil law model have been upheld. Rather, a mixed system has been accepted, which is discussed in this chapter.
Book
Alan Boyle and Catherine Redgwell
Birnie, Boyle, and Redgwell's International Law and the Environment places legislation on the protection of the environment firmly at the core of its argument. It uses sharp and thorough analysis of the law, sharing knowledge and experience. The chapters provide a unique perspective on the implications of international regulation, promoting a wide understanding of the pertinent issues impacting upon the law. The text starts by looking at international law and the environment. It looks at the rights and obligations of states concerning the protection of the environment. The text also considers interstate enforcement which includes state responsibility, compliance, and dispute settlement. It moves on to consider non-state actors such as environmental rights, liability, and crimes. Climate change and atmospheric pollution are given some consideration. The text also examines the law of the sea and protection of the marine environment. Conservation is dealt with in detail, including the conservation of nature, ecosystems, and biodiversity and marine living resources. Finally, the text looks at international trade.
Book
James Crawford
Serving as a single-volume introduction to the field as a whole, Brownlie’s Principles of Public International Law seeks to present international law as a system that is based on, and helps structure, relations among states and other entities at the international level. It aims to identify the constituent elements of that system in a clear way. This ninth edition has been completely updated to take account of the many developments in international law that have occurred since the 8th edition (2012).
Book
Martin Dixon, Robert McCorquodale, and Sarah Williams
Cases and Materials on International Law, a topical companion for study placing international law directly in the context of contemporary debate, offers broad coverage of international law, and is suitable for use alongside a range of course structures and teaching styles. The book provides readers with a comprehensive selection of case law extracts for their studies. Extracts have been chosen from a wide range of historical and contemporary cases to illustrate the reasoning processes of the courts and to show how legal principles are developed. The book contains the essential cases and materials needed in order to understand and analyse the international legal order, providing notes on selected extracts to explain the complexities of the law. The sixth edition provides expanded coverage of topical areas such as: the use of force in Iraq and Syria and the threat of terrorism; international criminal law and the International Criminal Court; and developments in human rights and international environmental law. The new edition considers the perspectives of non-western and feminist scholars. It also updates core areas of international law, including sovereignty over territory and judicial sovereignty, the law of the sea, state responsibility, international legal personality and peaceful settlement.
Book
Martin Dixon, Robert McCorquodale, and Sarah Williams
Cases and Materials on International Law, a topical companion for study placing international law directly in the context of contemporary debate, offers broad coverage of international law, and is suitable for use alongside a range of course structures and teaching styles. The book provides readers with a comprehensive selection of case law and other relevant extracts for their studies. Extracts have been chosen from a wide range of historical and contemporary cases, treaties, legislation and commentary to show how international legal principles are developed. The book contains the essential cases and materials needed in order to understand and analyse the international legal order, providing notes on selected extracts to explain the complexities of legal developments. The seventh edition expands its coverage of core areas of international law, such as state responsibility, jurisdiction and international legal personality, and consequently reduces areas which now tend to be dealt with in separate courses, such as international criminal law and international economic law. It provides expanded coverage of topical areas such as: the use of force in Ukraine ; Covid-19 pandemic; Brexit; new Advisory Opinions by the International Court of Justice; climate change issues and developments in human rights and international environmental law. The new edition continues to include the perspectives of non-western and feminist scholars.
Book
Antonio Cassese and Paola Gaeta
This third edition of Cassese’s International Criminal Law provides an account of the main substantive and procedural aspects of international criminal law. Adopting a combination of the classic common law and more theoretical approaches to the subject, it discusses: the historical evolution of international criminal law; the legal definition of the so-called core crimes (war crimes, crimes against humanity, genocide) plus aggression, torture and terrorism; the forms and modes of criminal responsibility; and the main issues related to the prosecution and punishment of international crimes at the national and international level, including amnesties, statutes of limitations and immunities. The book guides the reader through a vast array of cases and materials from a number of jurisdictions, providing analysis that brings the political and human contexts to the fore. The International Criminal Court and all the other modern international criminal courts are fully covered, both as regards their structure, functioning and proceedings, and as far as their case law is concerned.
Book
Paola Gaeta, Jorge E. Viñuales, and Salvatore Zappalá
This book provides an authoritative account of international law. It preserves and extends Antonio Cassese’s exceptional combination of a historically informed, conceptually strong, and practice-infused analysis of international law, comparing the treatment of most issues in classical international law with the main subsequent developments of this constantly evolving field. Part I of the book covers the origins and foundations of the international community. Part II is about the subjects of the international community, including States, international organizations, individuals, and other international legal subjects. Part III examines the main processes of international law-making and the normative interactions between different norms, of both domestic and international law. Part IV studies the mechanisms of implementation of international law, including State responsibility, diplomatic and judicial means of dispute settlement, and enforcement mechanisms. Part V covers a number of areas which have undergone particular development and reached a high level of specialization, namely, UN law, the law governing the use of force, international humanitarian law, international human rights law, international criminal law, international environmental law, and international economic law (trade and investment).
Chapter
14. The Character and Forms of International Responsibility
James Crawford and Simon Olleson
This chapter begins with an overview of the different forms of responsibility/liability in international law, and then focuses on the general character of State responsibility. The law of State responsibility deals with three general questions: (1) has there been a breach by a State of an international obligation; (2) what are the consequences of the breach in terms of cessation and reparation; and (3) who may seek reparation or otherwise respond to the breach as such, and in what ways? As to the first question, the chapter discusses the constituent elements of attribution and breach, as well as the possible justifications or excuses that may preclude responsibility. The second question concerns the various secondary obligations that arise upon the commission of an internationally wrongful act by a State, and in particular the forms of reparation. The third question concerns issues of invocation of responsibility, including the taking of countermeasures.
Chapter
15. The Character and Forms of International Responsibility
Simon Olleson
This chapter begins with an overview of the different forms of responsibility/liability in international law, and then focuses on the general character of State responsibility. The law of State responsibility deals with three general questions: (1) has there been a breach by a State of an international obligation; (2) what are the consequences of the breach in terms of cessation and reparation; and (3) who may seek reparation or otherwise respond to the breach as such, and in what ways? As to the first question, the chapter discusses the constituent elements of attribution and breach, as well as the possible justifications or excuses that may preclude responsibility. The second question concerns the various secondary obligations that arise upon the commission of an internationally wrongful act by a State, and in particular the forms of reparation. The third question concerns issues of invocation of responsibility, including the taking of countermeasures.
Chapter
2. Civil jurisdiction
Jonathan Hill
This chapter addresses the English court's jurisdiction other than in family law matters and excluding a few other kinds of proceedings. There are two types of claim which may be commenced in England: claims in personam and admiralty claims in rem. A claim inpersonam is one in which the claimant seeks a judgment requiring the defendant to pay money, deliver property or do, or refrain from doing, some other act. A claimant who wishes to commence proceedings in personam must be able to serve a claim form on the defendant — either in England or abroad. Admiralty proceedings in rem are directed against property, usually a ship. A typical case is where the claimant has a claim against a ship-owner in respect of his ship — for example, where the claimant's cargo has been damaged as a result of the negligent navigation of the vessel. The remainder of the chapter discusses the bases of jurisdiction in personam; declining jurisdiction and staying proceedings; provisional measure designed to maintain the status quo pending the outcome of the dispute between the parties; and restraining foreign proceedings.
Chapter
31. The claims process
This chapter considers preliminary issues, involving both jurisdiction and admissibility, before international courts and tribunals. It discusses prior negotiations, the requirement of a dispute, grounds of inadmissibility, diplomatic protection, and mixed claims.
Book
Jonathan Hill and Máire Ní Shúilleabháin
Clarkson & Hill's Conflict of Laws, now in its fifth edition, provides a clear and up-to-date account of private international law topics. Theoretical issues and fundamental principles are introduced in the first chapter and expanded upon in later chapters. Basic principles of the conflict of laws are presented, offering clarity on complex points and terminology. The fifth edition reflects the field's changing focus from case law to domestic and European legislation, incorporating the Brussels I Regulation and Brussels II Revised Regulation, as well as the more recent Rome Regulations and Brussels I Recast. Embracing this reorientation of the field and increased emphasis on the recognition and enforcement of judgments, the chapters provide detailed commentary on the most important commercial topics as well as the most relevant topics in family law.
Chapter
6. Climate Change and Atmospheric Pollution
This chapter looks, inter alia, at how international law has been used or could be used to help tackle the most significant environmental challenge of our time. This challenge is global climate change. Not many topics provide a good illustration of the importance of a globally inclusive regulatory regime focused on preventive and precautionary approaches to environmental harm—or of the problems of negotiating one on such a complex subject. Solutions to global climate change have not been easily forthcoming. The chapter looks at the efforts of the international regulatory regime to address these challenges by recourse to novel ‘market based’ mechanisms and differential treatment. An example is the post-Kyoto scheme for reducing greenhouse gas emissions through ‘nationally determined contributions’. In the end, the chapter argues, it is likely to be technology that enables us to grapple with the causes of climate change, not law, but law can drive technological change, as it has with ozone depletion and acid rain.
Chapter
16. Collective Security and the use of Armed Force
Paola Gaeta, Jorge E. Viñuales, and Salvatore Zappalà
The Cold War era prevented the UN Security Council from using most of the powers provided for by the UN Charter, including adopting measures under Chapter VII (the so-called ‘collective security system’ which provides for measures ranging from sanctions to the use of armed force) for events deemed (by the Security Council) to be threats to the peace, breaches of the peace, or acts of aggression. However, the end of the Cold War enabled the Security Council to take some of the measures short of force envisaged in Article 41 and to interpret creatively the provisions of the Charter so as to authorize enforcement action through the use of armed force by individual States or coalitions of States. This chapter discusses measures short of armed force; peacekeeping operations; resort to force by States, as well as regional and other organizations, upon authorization of the Security Council; the special case of authorization to use force given by the General Assembly; as well as the right to self-defence and the various situations in which armed force has been used unilaterally by States.
Chapter
14. Common spaces and cooperation in the use of natural resources
This chapter discusses some legal issues that can arise in connection with the use of shared resources; the generation and use of energy and other uses of transboundary water resources; and other forms of transboundary co-operation, as well as issues specific to the polar regions and outer space.
