International Law Text Cases and Materials 2nd Edition by Ademola Abass 019967907X 9780199679072

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ISBN 10: 019967907X

ISBN 13: 9780199679072

Author: Ademola Abass

Complete International Law combines a wide range of case extracts with incisive author commentary to clearly demonstrate legal principles and the significance of case law. This innovative text encourages an active approach to learning with key point summaries, thinking points and self-test questions throughout; which aim to stimulate reflection about the importance of international law in today’s world. Online Resource Centre An Online Resource Centre, containing the following resources for students and lecturers accompanies this book. For students: Appendices Guidance on answering discussion questions Flashcard glossary of key terms Annotated weblinks For lecturers: A testbank of multiple choice questions

International Law Text Cases and Materials 2nd Table of contents:

Chapter 1 International law in the modern context

1.1 A brief history of international law: a distinction between the ‘origin’ and ‘documentati

1.2 The meaning and concept of international law

1.3 The nature of international law: theories

1.4 The relationship of theories of law with international law

1.5 The basis of international law: consent

1.6 The functions of international law

1.7 What next in international law?

Conclusion

Questions

Key case

Further reading

Chapter 2 Sources of international law

2.1 What does the phrase ‘sources of law’ mean?

2.2 ‘Formal’, ‘material’, and ‘functional’ sources of law

2.3 What are the sources of international law?

2.4 Treaties

2.5 Customs

2.6 General principles of law

2.7 Judicial decisions

2.8 The writings of publicists

2.9 The relationship between sources of international law

2.10 Are there other sources of international law?

Conclusion

Questions

Key cases

Further reading

Chapter 3 The law of treaties

3.1 General issues: the definition, scope, and nature of treaties

3.2 The scope of the Vienna Convention on the Law of Treaties

3.3 The nature of treaties

3.4 Procedural obligations of treaties

3.5 The reservation of treaties

3.6 The interpretation of treaties

3.7 Invalid treaties

3.8 The termination and suspension of treaties

Conclusion

Questions

Key cases

Further reading

Chapter 4 Statehood and recognition in international law

4.1 Legal personality of States

4.2 The status of international legal persons

4.3 States as a subject of international law

4.4 Lesser States and special territories

4.5 International organizations

4.6 Individuals

4.7 The recognition of States and governments

Conclusion

Questions

Key cases

Further reading

Chapter 5 International organizations

5.1 Origins: from the Congress of Vienna to the League of Nations

5.2 Definitions

5.3 Classification: international (governmental) organizations, international (non-governmental) org

5.4 Features of international organizations

5.5 The operation of legal personality

5.6 Privileges and immunity

Conclusion

Questions

Key cases

Further reading

Chapter 6 Territory and the law of the sea

6.1 The modes of acquiring territory

6.2 Occupation and prescription

6.3 Cession and accretion

6.4 The law of the sea

6.5 The codification of the law of the sea: 1930

6.6 The 1958 and 1960 UN Conference on the Law of the Sea (UNCLOS I and II)

6.7 The 1982 UN Convention on the Law of the Sea (UNCLOS III)

Conclusion

Questions

Key cases

Further reading

Chapter 7 Jurisdiction

7.1 The meaning and nature of jurisdiction

7.2 The territoriality principle

7.3 The ‘effect’ doctrine

7.4 The nationality principle

7.5 The protective principle

7.6 The universality principle

7.7 The passive personality principle

7.8 Problems of illegal enforcement jurisdiction

Conclusion

Questions

Key cases

Further reading

Chapter 8 Immunity

8.1 The nature of immunity

8.2 The rationale behind immunity

8.3 State immunity

8.4 Distinguishing between absolute and restrictive immunity

8.5 International crimes and State immunity

8.6 Individual immunity

8.7 Immunities before international tribunals and courts

8.8 Diplomatic and consular immunities

8.9 Diplomatic missions

Conclusion

Questions

Key cases

Further reading

Chapter 9 International law and municipal law

9.1 International and municipal law: what relationship?

9.2 Municipal law issues under international law

9.3 International legal issues before municipal legal systems

9.4 The transformation of treaties into municipal law

Conclusion

Questions

Key cases

Further reading

Chapter 10 The law of use of force

10.1 The League of Nations and the Kellogg–Briand Pact

10.2 The UN Charter and the prohibition of the use and threat of force

10.3 Exceptions to the prohibition of the use of force

10.4 Is Article 2(4) sufficient in the modern world?

Conclusion

Questions

Key cases

Further reading

Chapter 11 Collective security

11.1 The meaning of ‘collective security’

11.2 Collective security in a modern world

11.3 Collective security under the League of Nations

11.4 The scope of, and authority for, collective security

11.5 The United Nations and collective security

11.6 Regional collective security systems

11.7 The distinction between ‘collective security’ and ‘collective self-defence’

11.8 Peacekeeping

11.9 Humanitarian intervention

11.10 Responsibility to protect

Conclusion

Questions

Further reading

Chapter 12 International humanitarian law

12.1 Background

12.2 International customary law and the codification of IHL

12.3 Customary international law and IHL

12.4 When does an armed conflict occur?

12.5 Armed conflict classification and the war on terror

12.6 Combatants, civilians, and somewhere in between: the principle of distinction

12.7 Restricting methods of warfare through the distinction and proportionality and control of weap

12.8 Civilian objects and military objectives

12.9 Regulating weapons

12.10 The International Committee of the Red Cross and its role

Conclusion

Questions

Key cases

Further reading

Chapter 13 State responsibility

13.1 The International Law Commission

13.2 Determining the internationally wrongful acts of a State

13.3 Attribution of acts or omissions to States

13.4 Theories of imputability

13.5 Enforcing responsibility against delinquent States

13.6 Circumstances precluding wrongfulness

13.7 Peremptory norms: breaches that can never be excused (Aricle 26 ARSIWA)

Conclusion

Questions

Key cases

Further reading

Chapter 14 The settlement of international disputes

14.1 What is a dispute?

14.2 The peaceful settlement of disputes

14.3 Negotiation, inquiry, mediation, good offices, and conciliation

14.4 Arbitration

Conclusion

Questions

Key cases

Further reading

Chapter 15 The International Court of Justice

15.1 A short history of the Court

15.2 The functions of the ICJ

15.3 Access to the Court

15.4 The composition, election, and retirement of judges of the ICJ

15.5 The independence of the Court

15.6 The jurisdiction of the ICJ

15.7 The effects of a declaration under Article 36(2)

15.8 The conditions of declaration

15.9 Types of reservation

15.10 Interventions

15.11 Advisory opinions

15.12 Consent and advisory opinion

15.13 The effects of ICJ judgments

Conclusion

Questions

Key cases

Further reading

Chapter 16 International criminal law

16.1 What is international criminal law and how did it develop?

16.2 Sources, nature, and scope of international criminal law

16.3 The distinction between State and individual responsibility

16.4 General principles of international criminal law

16.5 International criminal tribunals

16.6 The International Criminal Court (ICC)

16.7 International crimes

16.8 Immunity

Conclusion

Questions

Key cases

Further reading

Chapter 17 International environmental law

17.1 What is international environmental law?

17.2 The development of international environmental law: a short history

17.3 Sources of international environmental law

17.4 Major international efforts towards international regulation of the environment

17.5 Enforcement of international environmental law

Conclusion

Questions

Key cases

Further reading

Chapter 18 International economic law

18.1 The origins and nature of international economic law

18.2 International economic law and public international law

18.3 Institutional mechanisms for regulating international economic law

18.4 International finance law

18.5 The World Bank’s Inspection Panel

Conclusion

Questions

Key cases

Further reading

Chapter 19 International human rights

19.1 States and human rights

19.2 The rise of international human rights

19.3 The United Nations and human rights

19.4 Regional human rights systems

19.5 Regional human rights courts

19.6 Current issues in international human rights law

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