International Law Concentrate Law Revision and Study Guide 5th Edition by Illias Bantekas, Efthymios Papastavridis ISBN 9780192895684 0192895680

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ISBN 10: 0192895680
ISBN 13: 9780192895684
Author: Illias Bantekas, Efthymios Papastavridis

International Law Concentrate Law Revision and Study Guide 5th Edition Table of contents:

1 The nature of international law and the international legal system

Introduction

The structure of the international legal system

Fragmentation

The nature of international law: theoretical approaches

Naturalism or natural law theory

Positivism

Realism

Formalism

Policy-oriented approach

The nature of international law: new theories

The feminist approach

Third World Approaches to International Law (TWAIL)

Is there any hierarchy in international law?

Jus cogens norms

Erga omnes obligations

Article 103 UN Charter

List of Key Terms

2 Sources of international law

Introduction

Treaties in force

Custom

Introduction

What is custom?

The element of ‘practice’

The time factor

General versus special or local custom

Habitual character

The general principles of law

Subsidiary sources: judicial decisions and teachings

The relationship between the sources of international law

Are there any new or additional sources of international law?

List of Key Terms

3 The law of treaties

Conceptualizing and defining a treaty

The ‘birth’ of treaties in international law

Who has the authority to conclude treaties?

Consent to be bound

Signature

Ratification

Entry into force

The ‘life’ of treaties in international law

The principle pacta sunt servanda

Treaties and third States

Interpretation of treaties

Reservations

The ‘death’ of a treaty in international law

Invalidity of treaties

Relative grounds

Absolute grounds

Termination or suspension of a treaty’s operation

Material breach

Supervening impossibility of performance

Fundamental change of circumstances

List of Key Terms

4 The relationship between international and domestic law

Does international law prevail over domestic law?

Monism

Dualism

The reception of international law by municipal law and institutions

Incorporation of treaties

Incorporation of custom

Not all customary rules may be incorporated

Incorporation of crimes under customary law

Incorporation of Security Council resolutions

The doctrine of transformation

Recognition of foreign judgments

List of Key Terms

5 Personality, statehood, and recognition

Subjects of international law

States and the criteria for statehood

Permanent population

A defined territory

Government

Capacity to enter into foreign relations

The relevance of human rights in the determination of statehood

The legal personality of international organizations

Implied powers

Consequences of the international legal personality of international organizations

Dual liability of organizations and member States

Natural persons

Multinational corporations and non-State actors other than individuals

Recognition of States and governments

The declaratory and constitutive theories of State recognition

The struggle for recognition by de facto States

List of Key Terms

6 Sovereignty and jurisdiction

Sovereignty

Jurisdiction: the basic idea

Territorial jurisdiction

Maritime jurisdiction: the general rule

Objective and subjective territoriality

The effects doctrine

Exceptional territorial jurisdiction

Extraterritorial jurisdiction

Nationality-based jurisdiction

Passive personality jurisdiction

The protective principle of jurisdiction

Universal jurisdiction

Instances where national courts refuse to exercise their ordinary jurisdiction

Jurisdiction of international courts

List of Key Terms

7 Immunities

The meaning and purpose of immunity

The sources of immunity

Sovereign or public acts

Private or commercial conduct of States

Immunity against enforcement

Act of State doctrine

Functional and personal immunities

Personal immunities

Functional immunity

Diplomatic and consular immunities

Diplomatic immunities

Immunities at the International Criminal Court

Immunities of international organizations

Immunities versus jus cogens norms

List of Key Terms

8 The law of the sea

Determining baselines for maritime zones

Normal and straight baselines

Sovereignty at sea: areas in which coastal States exercise sovereignty

Internal waters

Territorial sea

Straits

Transit passage

Maritime zones in which coastal States exercise certain sovereign rights and jurisdiction

Contiguous zone

Continental shelf

Exclusive economic zone (EEZ)

Areas beyond national jurisdiction

The high seas

Exceptions to flag State jurisdiction on the high seas

Piracy

Delimitation of overlapping maritime zones

Treaty law

The delimitation process

List of Key Terms

9 State responsibility

Introduction

Meaning of State responsibility

Internationally wrongful act

The meaning of international obligations

The general meaning of attribution

No requirement for damage

Attribution to the State

State organs

Private persons

Conduct acknowledged and adopted by the State ex post facto

Circumstances precluding wrongfulness

Countermeasures under the World Trade Organization

Consequences of an internationally wrongful act

Cessation

Reparation

Restitution

Compensation

Satisfaction

Invocation of responsibility

List of Key Terms

10 Peaceful settlement of disputes

Introduction

Diplomatic methods

Negotiation

Mediation

Inquiry

Conciliation

Legal methods

Arbitration

Settlement of investment and trade disputes

The International Court of Justice

Introduction

Structure and composition

Procedure

Jurisdiction

Special agreements or ‘compromis’

Compromissory clauses

Optional clause

Forum prorogatum

Jurisdiction and admissibility: preliminary objections

Provisional measures

Intervention

Revision and interpretation

Advisory proceedings

List of Key Terms

11 Use of force

The prohibition of force before 1945

The general prohibition of force in the UN Charter

Threat or use of force

Against the territorial integrity or political independence of other States

Exceptions to the prohibition of force

Self-defence

The meaning of ‘armed attack’

Proportionality and necessity

Inherent right of individual or collective self-defence

The timing of self-defence

Can non-State actors commit an armed attack and can States lawfully use force under self-defence?

The requirement to inform the Security Council

Collective security

Measures not involving the use of armed force

The authorization of armed force by the Security Council

Delegation of collective security

Collective security against Iraq: 1990 and 2003

Collective security without the Council: the doctrine of implied authorization

UNSC Resolution 2249 and ‘unable or unwilling’

Humanitarian intervention

Responsibility to protect (R2P)

List of Key Terms

12 Human rights and humanitarian law

Origins of human rights

The nature and qualities of international human rights

Indivisibility

Interdependence

Universalism versus cultural relativism

The nature of State obligations

Justiciability

Derogations

Reservations

International courts and institutions devoted to human rights

UN Charter-based bodies

Treaty-based human rights committees

Extraterritorial reach of human rights treaties

International humanitarian law (IHL)

Fundamental principles and distinctions in IHL

Legal consequences of fundamental distinctions

List of Key Terms

13 International criminal law

Individual criminal responsibility

Core international crimes

Grave breaches of IHL

War crimes in non-international armed conflicts

Crimes against humanity

Genocide

Aggression

Forms of international criminal liability

Command/superior responsibility

Joint criminal enterprise (JCE)

From JCE in the ICTY to co-perpetratorship in the ICC

Enforcement of international criminal law

UNSC-based tribunals

Hybrid tribunals

The International Criminal Court

Exam essentials

Identifying and analysing sources

Using case law

Preparation strategy

Final tip

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