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Chapter

Cover International Law

1. Introduction and Overview:  

The Ambit of International Law

Celebrated for their conceptual clarity, titles in the Clarendon Law Series offer concise, accessible overviews of major fields of law and legal thought. This book is a text about international law, not a text of international law. It tries to explain what international law does and how the international legal system operates, but not to set out a comprehensive or systematic account of what the rules of international law are. This introductory chapter provides a brief outline of the scope and nature of international law. It discusses the changing scope of international law; the emergence of international organizations; the emergence of new international actors; why people should comply with international law; and how international law is invoked and applied.

Chapter

Cover Cases & Materials on International Law

9. Immunities from National Jurisdiction  

States and international organisations and their representatives in the courts of other States enjoy immunity from legal process. This immunity can be split conveniently into State (or sovereign) immunity, and diplomatic and consular immunities. The first concerns foreign States per se (including the Head of State), while the second concerns the personal immunities enjoyed by representatives of those States. This chapter discusses the general principles of state immunity in international law; state immunity in the United Kingdom; Heads of State and other holders of high-ranking office; the relationship between immunity and acts contrary to international law; the immunities of international organisations and their staff; and diplomatic and consular immunities.

Chapter

Cover International Law

9. Postscript  

Celebrated for their conceptual clarity, titles in the Clarendon Law Series offer concise, accessible overviews of major fields of law and legal thought. This chapter presents some brief, final thoughts concerning the declining influence of the individual nation-State. It suggests that the power of the State is in decline when measured against the increasing power of other actors, such as international and supranational organizations. The result, however, is not so much an expansion in the scope of international law so as to claim all these other actors as its own, but rather that the boundaries between international law and neighbouring legal subjects are breaking down. The most important point is that all of the ground occupied by international law is shared with others who are not lawyers but men and women in the vast range of other professions and businesses whose cumulative efforts shape the world. While lawyers have a contribution to make going about resolving some of the most crucial problems that face the world, it is only one way among many.

Book

Cover Cases & Materials on International Law

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.

Chapter

Cover European Union Law

17. EU relations with third states and international organisations  

This chapter considers the EU’s relationship with third countries and international organisations. It discusses the legal basis and competence for the EU’s external action and offers examples of how the EU exercises this competence. This is followed by an overview of the types of agreements the EU enters into with third countries with a discussion on the treaty arrangements with Switzerland, the EEA (Norway, Iceland and Liechtenstein) and the UK. It then considers the EU’s relationship with a selection of international organisations.

Chapter

Cover International Law

17. Countermeasures and Sanctions  

Nigel D White and Ademola Abass

This chapter focuses on the issue of enforcement by means of non-forcible measures. Two legal regimes are considered: non-forcible countermeasures taken by States (countermeasures) and non-forcible measures taken by international organizations (sanctions). Discussions cover emergence of a restricted doctrine of countermeasures as the modern acceptable form of self-help; partial centralization of coercion in international organizations; problems within each of these regimes along with limitations placed upon their application; coexistence of countermeasures based on a traditional view of international relations, alongside post-1945 development of centralized institutional responses. State and institutional practices that lie between the basic right of a State to take countermeasures to remedy an internationally wrongful act, and the power of international organizations to impose sanctions in certain circumstances are discussed. Finally, the legality of continued use by States of non-forcible reprisals, retorsion, and wider forms of economic coercion; and collective countermeasures imposed either multilaterally or institutionally are considered.

Chapter

Cover International Law

6. International organizations  

This chapter looks at international organizations, their differences to States, and their position within the international legal order. Today, international organizations exist in virtually all fields of transnational and global collective concern. In the broadest sense, they facilitate international cooperation in all areas from the harmonization of tariffs to the management of delicate ecosystems, and range in their scope from small bilateral commissions regulating transboundary resources to regional security and economic organizations, all the way to the universalist aspirations of the UN. The chapter then considers the question of establishing the legal personality of international organizations under international law, which must be distinguished from the question of whether an international organization may also hold legal personality under the domestic law of a State.

Chapter

Cover Cassese's International Law

7. International Organizations  

Paola Gaeta, Jorge E. Viñuales, and Salvatore Zappalà

This chapter discusses the international legal personality of international organizations, illustrating the origins of the phenomenon, the evolution of such organizations over time, and the different types of organization. It goes on to consider the source and scope of their status and powers within the international legal order, inter alia, by focusing on the principle of speciality (or conferral) and the theory of implied powers. The chapter then deals with the problem of the recognition of immunities of international organizations and their personnel, as well as with the debate surrounding the rules which relate to their responsibility under international law.

Chapter

Cover Brownlie's Principles of Public International Law

7. International organizations  

This chapter focuses on the main legal problems arising from interstate organizations. Topics discussed include legal personality, privileges and immunities, performance of acts in the law, interpretation of the constituent instrument, relations of international organizations, law-making through organizations, and legal control of acts of organizations.

Chapter

Cover Jacobs, White, and Ovey: The European Convention on Human Rights

5. The Scope of the Convention  

This chapter examines the scope of the provisions of the European Convention on Human Rights (ECHR). In particular, it explores the temporal scope of the European Convention, as well as the Contracting States’ liability for the acts of State-owned enterprises and State agents, and for the acts of international organisations. It discusses the concept of jurisdiction in Article 1 of the Convention, examining the Court’s case-law on extraterritorial jurisdiction and Contracting States’ jurisdiction over breakaway or autonomous regions. The chapter highlights the centrality of Article 1 to the multilevel system of protection set in place by the ECHR and identifies a number of future problems which may arise as a result of globalisation and technological advancement.

Chapter

Cover International Human Rights Law

28. Non-State Actors  

Andrew Clapham

It is increasingly recognized that human rights law has to address the challenge posed by non-state actors. This chapter starts with a reflection on how the term ‘non-state actor’ is used and why it is appropriate to look at the contemporary impact of non-state actors on the enjoyment of human rights. It then recalls the positive obligations of states to protect those within their jurisdiction and elsewhere from abuses by non-state actors and how states provide for redress at the national level. In the next part, it considers the human rights obligations of different non-state actors: international organizations, corporations, and armed non-state actors.

Chapter

Cover International Law

20. International economic law  

This concluding chapter discusses international economic law. When discussing ‘international economic law’ one is addressing the international regimes that regulate international trade, investment, and economic development. The multilateral and bilateral treaties in these areas have become the focal point for the global economy today. International economic law developed rapidly since the end of World War II, when the 1944 Bretton Woods Accords established the International Monetary Fund (IMF) and the International Bank for Reconstruction and Development (the World Bank), placing financial institutions at the heart of the post-war settlement. Meanwhile, the law on international trade grew around the General Agreement on Trade and Tariffs (GATT), but today centres on the World Trade Organization in Geneva. International investment law has no equivalent overarching institution, but rather exists as a dense web of bilateral investment treaties (BITs) which have emerged in the last three decades.

Chapter

Cover International Law

11. International economic law  

International economic law covers a vast range of rules and principles on economic conduct and relations between states, international organizations and private actors, both individuals and corporations. This chapter deals with the most fundamental areas of the law: the international law of trade, international investment law and international monetary law. It introduces the World Trade Organization and the most important principles governing international trade, including those contained in the General Agreement on Tariffs and Trade. It presents international monetary law, with a particular emphasis on the role and activities of the International Monetary Fund. It also discusses the international regulation of international investments and the most important principles thereof, including those that govern expropriation of foreign property.

Chapter

Cover International Law

11. International economic law  

International economic law covers a vast range of rules and principles on economic conduct and relations between states, international organizations and private actors, both individuals and corporations. This chapter deals with the most fundamental areas of the law: the international law of trade, international investment law and international monetary law. It introduces the World Trade Organization and the most important principles governing international trade, including those contained in the General Agreement on Tariffs and Trade. It presents international monetary law, with a particular emphasis on the role and activities of the International Monetary Fund. It also discusses the international regulation of international investments and the most important principles thereof, including those that govern expropriation of foreign property.

Book

Cover International Law Concentrate

Ilias Bantekas and Efthymios Papastavridis

Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. International Law Concentrate provides a comprehensive overview of international law and includes key information, key cases, revision tips, and exam questions and answers. Topics covered include the nature of international law and the international system, sources of international law, and the law of treaties. The book also looks at the relationship between international and domestic law. It considers personality, statehood, and recognition, as well as sovereignty, jurisdiction, immunity, and the law of the sea. The book describes state responsibility and looks at peaceful settlement of disputes. Finally, it looks at the use of force and human rights.

Chapter

Cover International Law

7. State responsibility  

This chapter discusses the international law of responsibility as primarily reflected in the 2001 International Law Commission’s Articles on the Responsibility of States for Internationally Wrongful Acts. It opens in Section 7.2 with an overview of some of the core principles and elements of state responsibility for wrongful acts. Section 7.3 discusses the issue of state attribution before Section 7.4 examines joint and collective responsibility. Section 7.5 discusses the various circumstances that may preclude the wrongfulness of conduct otherwise in violation of a (primary) legal obligation. Section 7.6 looks into the consequences of state responsibility while Section 7.7 discusses who may be entitled to invoke state responsibility. Section 7.8 examines the rules on diplomatic protection and Section 7.9 provides a brief overview of the responsibility of international organizations.

Chapter

Cover International Human Rights Law

12. Education and Work  

Fons Coomans

This chapter discusses two human rights that belong to the category of economic, social, and cultural rights: the right to education and the right to work. It explains how the modern view of the nature of economic, social, and cultural rights can be applied to these rights. The chapter discusses the sources of the rights under international human rights law, their main features, and components; the obligations resulting from each right; and the relationship of each right with other human rights. Both rights are crucial for the ability to live a life in dignity and develop one’s personality.

Chapter

Cover International Law

7. State responsibility  

This chapter discusses the international law of responsibility as primarily reflected in the 2001 International Law Commission’s Articles on the Responsibility of States for Internationally Wrongful Acts. It opens in Section 7.2 with an overview of some of the core principles and elements of state responsibility for wrongful acts. Section 7.3 discusses the issue of state attribution before Section 7.4 examines joint and collective responsibility. Section 7.5 discusses the various circumstances that may preclude the wrongfulness of conduct otherwise in violation of a (primary) legal obligation. Section 7.6 looks into the consequences of state responsibility while Section 7.7 discusses who may be entitled to invoke state responsibility. Section 7.8 examines the rules on diplomatic protection and Section 7.9 provides a brief overview of the responsibility of international organizations.

Chapter

Cover International Law

8. International Organizations  

Dapo Akande

This chapter examines the legal framework governing international organizations. It begins with an examination of the history, role, and nature of international organizations. It is argued that although the constituent instruments and practices of each organization differ, there are common legal principles which apply to international organizations. The chapter focuses on the identification and exploration of those common legal principles. There is an examination of the manner in which international organizations acquire legal personality in international and domestic law and the consequences of that legal personality. There is also discussion of the manner in which treaties establishing international organizations are interpreted and how this differs from ordinary treaty interpretation. The legal and decision-making competences of international organizations are considered as are the responsibility of international organizations and their privileges and immunities. Finally, the chapter examines the structure and powers of what is the leading international organization—the United Nations (UN).

Chapter

Cover International Human Rights Law

2. Historical background  

This chapter provides an historical sketch of international human rights. It considers some of the divergent views as to the origins of human rights. The chapter traces relevant developments including the emergence of the law of aliens; diplomatic laws; the laws of war; the prohibition on slavery; recognition of minority rights; the establishment of the International Labour Organization; and human rights protection after the Second World War. Such incidences of international cooperation and agreements predate, but have influenced, elements of modern international human rights laws. Indeed, some of these historical agreements, such as the prohibition on slavery and minority rights, form part of contemporary human rights.