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Cover International Law

22. International Environmental Law  

Catherine Redgwell

The development of international environmental law is typically divided into three periods. The first demonstrates little genuine environmental awareness but rather views environmental benefits as incidental to largely economic concerns such as the exploitation of living natural resources. The second demonstrates a significant rise in the number of treaties directed to pollution abatement and to species and habitat conservation. Here an overt environmental focus is evident, yet the approach is still largely reactive and piecemeal. The final phase, which characterizes current international environmental law, demonstrates a precautionary approach to environmental problems of global magnitude such as biodiversity conservation and climate change. Concern transcends individual States, with certain global problems now considered the common concern of humankind. This chapter defines international environmental law, its key sources and actors, and difficulties of enforcement, before embarking on a sectoral examination of the extensive treaty law applicable in this field.

Chapter

Cover Brownlie's Principles of Public International Law

21. Jurisdictional competence  

Jurisdiction refers to a state’s competence under international law to regulate the conduct of natural and juridical persons. The notion of regulation includes the activity of all branches of government: legislative, executive, and judicial. This chapter discusses prescriptive jurisdiction over crimes, civil prescriptive jurisdiction, the separateness of the grounds of jurisdiction, and enforcement jurisdiction.

Chapter

Cover International Law

5. Jurisdiction  

This chapter discusses the international legal concept of jurisdiction as well as the content of the relevant legal principles. The term jurisdiction relates to the authority of a state to exert its influence and power—in practice make, apply and enforce its rules—and create an impact or consequence on individuals or property. The chapter explains the difference between, respectively, the jurisdiction to prescribe and the jurisdiction to enforce and the main elements thereof. It analyses the different principles of prescriptive jurisdiction (the principle of territoriality, nationality, universality, protection and so-called passive personality) and discusses the issue of concurring jurisdictions as well as jurisdiction on ships and aircraft. It also discusses the prohibition on enforcing jurisdiction on the territory of another state as well as the legal consequences of violating that prohibition.

Chapter

Cover International Law

5. Jurisdiction  

This chapter discusses the international legal concept of jurisdiction as well as the content of the relevant legal principles. The term jurisdiction relates to the authority of a state to exert its influence and power—in practice make, apply and enforce its rules—and create an impact or consequence on individuals or property. The chapter explains the difference between, respectively, the jurisdiction to prescribe and the jurisdiction to enforce and the main elements thereof. It analyses the different principles of prescriptive jurisdiction (the principle of territoriality, nationality, universality, protection and so-called passive personality) and discusses the issue of concurring jurisdictions as well as jurisdiction on ships and aircraft. It also discusses the prohibition on enforcing jurisdiction on the territory of another state as well as the legal consequences of violating that prohibition.

Chapter

Cover International Law

13. Enforcement short of force  

This chapter focuses on enforcement short of force in international law, particularly studying countermeasures, the primary measures available to States in order to induce compliance of wrongdoers with their international obligations. In the last decades, there has been the codification and attempted development by the ILC, in the Articles on the Responsibility of States for Internationally Wrongful Acts (ARSIWA), of an international regime regulating countermeasures. To characterize an act as a ‘countermeasure’ is to concede its illegality in normal circumstances: by definition, countermeasures are acts which are ‘intrinsically unlawful, but are justified by the alleged initial failing to which they were a response’. Countermeasures may not in any case involve the use of armed force. The chapter also discusses the category of reprisals, the so-called ‘acts of retorsion’, and sanctions.

Chapter

Cover Cassese's International Law

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

Cover International Law

1. Foundations and structure of international law  

This chapter introduces the subject of public international law and provides an overview of its most important elements. It begins with a brief historical overview of international law. It then presents the international legal system consisting of different structures of legal rules and principles; discusses the basis of international legal obligation; offers a brief overview of the relationship between international law and national law; and deals with the issue of enforcement. The chapter concludes with some remarks about the alleged inadequacies of international law and the tension between notions of justice and order that is so prevalent within the international legal system.

Chapter

Cover International Law

1. Foundations and structure of international law  

This chapter introduces the subject of public international law and provides an overview of its most important elements. It begins with a brief historical overview of international law. It then presents the international legal system consisting of different structures of legal rules and principles; discusses the basis of international legal obligation; offers a brief overview of the relationship between international law and national law; and deals with the issue of enforcement. The chapter concludes with an overview of some of the critiques of the international legal system.

Chapter

Cover International Law

8. Jurisdiction  

This chapter studies jurisdiction. The term ‘jurisdiction’ is generally understood by international lawyers as describing the extent, and limits, of the legal competence of a State, entity, or regulatory authority, to make, apply, and enforce legal rules with respect to persons, property, and other matters. Jurisdiction is the necessary corollary to State sovereignty under modern international law, for it represents the exercise of authority of that State in relation to conduct, or to consequences of events, that it deems itself competent to regulate. The quintessential areas of regulation that would be regarded as falling within the domestic jurisdiction of a State include the setting of conditions for the grant of nationality and the conditions under which aliens (non-nationals) may enter a State’s territory. The chapter then distinguishes the types of jurisdiction: prescriptive jurisdiction, enforcement jurisdiction, and adjudicative jurisdiction.