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Chapter

Cover International Law

12. Immunities Enjoyed by Officials of States and International Organizations  

Chanaka Wickremasinghe

This chapter examines the immunities enjoyed by various categories of officials of States and international organizations. It identifies jurisdictional immunity as one of the key legal techniques by which diplomatic relations and, more broadly, international relations and cooperation can be maintained. It recognises that recent developments in international law have increasingly required that immunities be scrutinised and justified, particularly where they impact on individual rights. Among the most striking of such challenges to immunities are those that have arisen in relation to measures which seek to bring an end to the impunity of persons who commit the most serious international crimes, including measures such as the development of extraterritorial jurisdiction and the establishment of international criminal tribunals. A range of judicial decisions is reviewed in order to determine how international law has attempted to reconcile such conflicting priorities in this respect.

Chapter

Cover European Union Law

26. EU external action  

Geert De Baere

This chapter examines the law of EU external action. It explores the complex division of competences between the Member States and the Union and between the different institutions of the Union in the field of external action. The chapter also examines the applicable decision-making procedures, including the procedure for concluding international agreements, and explores the Union’s composite system of external representation, illustrating the intricacies involved by looking more closely at EU external environmental policy. Furthermore, the chapter explores how the Union manages the vertical (between the Union and the Member States) and horizontal (between the different institutions and policy fields of the EU) division of its external competences.

Chapter

Cover European Union Law

23. EU external action  

Geert De Baere

This chapter examines the EU law on external relations. It explores the complex division of competences between the Member States and the Union, and between the different institutions of the Union in the field of external action; the applicable decision-making procedures, including the procedure for concluding international agreements; the Union’s composite system of external representation; and how the Union manages the vertical (between the Union and the Member States) and horizontal (between the different Institutions and policy fields of the EU) division of its external competences.

Chapter

Cover EU Law

11. EU International Relations Law  

All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing students with a stand-alone resource. This chapter discusses EU law on international relations. The area of external relations has become increasingly important in recent years, as the EU strives to enhance its global presence on issues such as trade, climate change, development, human rights, and international terrorism. Some of the crucial issues for the conduct of EU international relations are effective coordination across policy fields, coordination between the EU and the Member States, and coordination at the level of international representation. Consistency across and between policies has become a constitutional requirement of EU external relations. The UK version contains a further section analysing how far EU law concerning international relations impacts on the UK post-Brexit.

Chapter

Cover EU Law

11. EU International Relations Law  

All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing students with a stand-alone resource. This chapter discusses EU law on international relations. The area of external relations has become increasingly important in recent years, as the EU strives to enhance its global presence on issues such as trade, climate change, development, human rights, and international terrorism. Some of the crucial issues for the conduct of EU international relations are effective coordination across policy fields, coordination between the EU and the Member States, and coordination at the level of international representation. Consistency across and between policies has become a constitutional requirement of EU external relations. The UK version contains a further section analysing how far EU law concerning international relations impacts on the UK post-Brexit.

Chapter

Cover Environmental Law

5. International law and environmental protection  

Stuart Bell, Donald McGillivray, Ole W. Pedersen, Emma Lees, and Elen Stokes

This chapter describes the development, scope, and application of international environmental law, which has expanded significantly since the late 1960s. The focus is on international treaties relating to environmental protection. The chapter is restricted to discussing public, rather than private, international law—that is, the law between states, rather than the conflict of legal systems. International law has often been regarded as something rather closer to international relations due to the fact that there is no single body with the power to make and enforce law against states, companies, or individuals effectively. In the UK, international law does not necessarily have a direct impact on domestic law or on individuals. Treaties need to be given effect to through national legislation and are concerned with the action of states, not individuals within states—with some notable exceptions, such as the law on war crimes.

Chapter

Cover International Law

1. The history and nature of international law  

This introductory chapter provides an overview of the history and nature of international law. Rather than regulating the behaviour of individuals in their relations with one another, international law is usually portrayed as a legal framework to govern the relations between ‘States’, the organized political entities which are the primary subjects of international law. ‘Public international law’ is to be distinguished from ‘private international law’, which describes the principles that determine the applicability of a certain law or set of laws to situations involving individuals with a foreign or transboundary element. Indeed, private international law regulates the conflicts between rules of different domestic legal orders, while public international law concerns relations between States. Today, public international law has exceeded its foundations as the law of inter-State relations and operates as an integral part of the daily lives of individuals.

Chapter

Cover International Law

18. The Means of Dispute Settlement  

John Merrills

This chapter discusses the various methods available for the peaceful settlement of international disputes. These include diplomatic methods (negotiation, mediation, inquiry, and conciliation), and legal methods (arbitration, the International Court of Justice, other courts and tribunals, and the place of legal methods). The role of the United Nations and regional organizations is also considered. Discussion covers the role of international law and its place in international relations, and dispute settlement generally. The text is illustrated with analysis of current and past disputes in which the various methods have been used—either successfully or unsuccessfully. The historical record shows first, that over the last two hundred years huge progress has been made in developing and refining the methods for handling international disputes, and secondly, that despite, or perhaps because of, differences between the various methods, their interaction and use in combination are often important factors in determining their effectiveness in practice.

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 Brownlie's Principles of Public International Law

17. Diplomatic and consular relations  

The rules of international law governing diplomatic relations are the product of long-established state practice reflected in treaties, national legislation, and judicial decisions, as codified in the Vienna Convention on Diplomatic Relations. This chapter discusses the general legal aspects of diplomatic relations; staff, premises, and facilities of missions; inviolability of missions; diplomatic agents; consular relations; special missions; and crimes against internationally protected persons.

Chapter

Cover International Law

11. Diplomatic protection and issues of standing  

This chapter discusses the notion of ‘diplomatic protection’, or the idea that a State may espouse the claims of its nationals and claim on their behalf. Because diplomatic protection by a State to persons necessarily extends beyond its territory, its exercise has potential ramifications for the sovereignty of other States. Certain rules have therefore emerged to avoid the uncomfortable situation where States submit legal claims as a strategic tool in international relations. Many of these are reflected in the Articles on Diplomatic Protection proposed by the International Law Commission (ILC) in 2006. In such situations, even if locus standi or ‘standing’ can be established, the admissibility of a claim before an international tribunal is precluded. The chapter then studies the rules relating to the admissibility of claims of diplomatic protection.

Chapter

Cover International Law

4. International law and municipal law  

This chapter assesses the relationship between international law and municipal law. Though international law deals primarily with inter-State relations, and municipal law addresses relationships between individuals or between individuals and the State, there are many overlapping issues on which both international and national regulation are necessary, such as the environment, trade, and human rights. Though the international legal order asserts its primacy over municipal legislation, it leaves to domestic constitutions the question of how international legal rules should be applied or enforced in municipal orders. Two conflicting doctrines define the relationship between international and municipal legal orders: dualism and monism. Dualism is usually understood as emphasizing the autonomy and distinct nature of municipal legal orders, in which the State is sovereign and supreme. Meanwhile, theories of monism conceive the relationship between international and municipal legal orders as more coherent and in fact unified, their validity deriving from one common source.