Akehurst's Modern Introduction to International Law

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ISBN: 9780415111201 | 041511120X
Cover: Nonspecific Binding
Copyright: 7/3/1997

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First published in 1970,A Modern Introduction to International Lawrapidly established itself as the most widely used and successful textbook in its field. This new edition is now completely revised and updated to take account of many new developments. It is ideal for students of international politics, for whom the topics covered on a legal syllabus have been carefully adapted. Akehurst's Modern Introduction to International Lawcovers a variety of topics, from diplomatic immunity to human rights, and from recognition of government to war crimes. The book is particularly concerned with the relationship between international law and international politics, and it devotes special attention to such controversial topics as self-determination and the expropriation of foreign-owned property where the conflicting interests and attitudes of different states are most apparent.

Preface

xiii

(4)

Abbreviations

xvii

1 Introduction

(8)

The problem of defining international law

(1)

General and regional international law

(1)

Characteristics of international law

(2)

International law as `law'

(2)

The scope of international law

(2)

2 History and theory

(26)

The formation of European international law

(1)

Features of European international law in state practice after 1648

(7)

Colonization and the relation to non-European powers

(2)

The Western hemisphere

(1)

Theory: naturalists and positivists

(2)

The theory of sovereignty

(1)

Legal results of the period up to the First World War

(5)

The unlimited right to use force

(1)

The peaceful settlement of disputes

(1)

Prohibition of the slave trade

(1)

Humanization of the law of warfare

(1)

First forms of international organizations

(1)

The Hague Peace Conferences of 1899 and 1907

(1)

The watershed after the First World War

(3)

The League of Nations

(1)

The attempt to restrict the use of force

(1)

Other functions of the League

(1)

The Permanent Court of Justice

(1)

Failure of the League system

(1)

Development after the Second World War

(9)

The prohibition of the use of force and collective security in the United Nations Charter

(2)

Decolonization and change in the composition of the international community

(1)

Attitudes of Third World states towards international law

(2)

Universality and the challenge to the unity of international law

(2)

New developments in theory

(3)

3 Sources of international law

(28)

Treaties

(3)

Law-making treaties and `contract treaties'

(1)

Parties to international treaties and `internationalized contracts'

(1)

Custom

(9)

Where to look for evidence of customary law

(2)

The problem of repetition

(2)

What states say and what states do

(1)

The psychological element in the formation of customary law (opinio iuris)

(1)

`Instant' customary law

(1)

Universality and the consensual theory of international law

(2)

General principles of law

(3)

Judicial decisions

(1)

Learned writers

(1)

Other possible sources of international law

(4)

Acts of international organizations

(2)

`Soft' law

(1)

Equity

(1)

The hierarchy of the sources

(4)

Ius cogens

(1)

Obligations erga omnes and `international crimes'

(2)

Codification of international law

(3)

4 International law and municipal law

(12)

Dualist and monist theories

(1)

The attitude of international law to municipal law

(1)

The attitude of national legal systems to international law

(6)

Treaties

(3)

Custom and general principles

(3)

Conclusions

(1)

Public international law and private international law

(4)

5 States and governments

(16)

States

(6)

Defined territory

(1)

Population

(1)

Effective control by a government

(2)

Capacity to enter into relations with other states

(1)

Self-determination and recognition as additional criteria

(1)

Federal states

(1)

Governments

(1)

Recognition of states and governments in international law

(9)

Recognition of states

(4)

Legal effects of recognition in international law

(3)

Legal effects in domestic law

(1)

Recognition of governments

(2)

De jure and de facto recognition

(3)

6 International organizations, individuals, companies and groups

(18)

International organizations

(4)

Non-governmental organizations (NGOs)

(4)

Individuals and companies

100

(4)

Insurgents and national liberation movements

104

(1)

Ethnic minorities and indigenous peoples

105

(4)

Minorities

105

(1)

Indigenous peoples

106

(3)

7 Jurisdiction

109

(9)

Forms of jurisdiction

109

(1)

Criminal jurisdiction of national courts

110

(6)

Territorial principle

110

(1)

Nationality principle

111

(1)

Protective principle

111

(1)

Universality principle

112

(1)

Universal jurisdiction of national courts over crimes against human rights

113

(2)

`Ivan the Terrible' -- The trial of John Demjanuk

115

(1)

Conflicts of jurisdiction

116

(1)

Extradition

117

(1)

8 Immunity from jurisdiction

118

(12)

Sovereign (or state) immunity

118

(3)

The act of state doctrine

121

(2)

Diplomatic immunity

123

(4)

Immunity from the jurisdiction of courts

125

(1)

Other privileges and immunities

126

(1)

Consular immunity

127

(1)

Immunities of international organizations

127

(1)

Waiver of immunity

128

(2)

9 Treaties

130

(17)

Conclusion and entry into force of treaties

131

(6)

Adoption of the text of a treaty

131

(1)

Consent to be bound by a treaty

131

(3)

Entry into force

134

(1)

Reservations

135

(1)

Registration

136

(1)

Application of treaties

137

(1)

Territorial scope of treaties

137

(1)

Treaties and third states

137

(1)

Application of successive treaties relating to the same subject matter

137

(1)

Invalid treaties

137

(4)

Provisions of municipal law regarding competence to conclude treaties

138

(1)

Treaties entered into by persons not authorized to represent a state

138

(1)

Specific restrictions on authority to express the consent of a state

139

(1)

Coercion of a representative of a state

139

(1)

Coercion of a state by the threat or use of force

139

(1)

Other causes of invalidity

140

(1)

The consequences of invalidity

140

(1)

Termination of treaties

141

(6)

Termination in accordance with the provisions of a treaty

141

(1)

Termination by consent of the parties

141

(1)

Implied right of denunciation or withdrawal

142

(1)

Termination or suspension of a treaty as a consequence of its breach (discharge through breach)

142

(2)

Supervening impossibility of performance

144

(1)

Fundamental change of circumstances (rebus sic stantibus)

144

(1)

Emergence of a new peremptory norm (ius cogens)

145

(1)

Outbreak of war

145

(1)

Consequences of termination or suspension

146

(1)

10 Acquisition of territory

147

(14)

Modes of acquisition of territory

147

(7)

Cession

148

(1)

Occupation

148

(2)

Prescription

150

(1)

Operations of nature

151

(1)

Adjudication

151

(1)

Conquest

151

(3)

Acquiescence, recognition and estoppel

154

(1)

Intertemporal law

155

(2)

Legal and political arguments

157

(1)

Minor rights over territory

158

(3)

Servitudes

158

(3)

11 Legal consequences of changes of sovereignty over territory (state succession)

161

(12)

Treaties

162

(3)

Treaties dealing with rights over territory

162

(1)

Other types of treaties

163

(2)

The principle of `moving treaty boundaries'

163

(1)

Decolonization and new states

164

(1)

Recent practice

165

(4)

Secession

165

(1)

Baltic states

165

(1)

Dismemberment

166

(1)

Soviet Union

166

(1)

Yugoslavia

167

(1)

Czechoslovakia

167

(1)

Unification

167

(2)

Germany

167

(1)

Yemen

168

(1)

International claims

169

(1)

Nationality

169

(1)

Public property

169

(1)

Private property

170

(3)

Contractual rights

170

(3)

12 The law of the sea

173

(25)

Internal waters

175

(1)

Territorial sea

176

(6)

The right of innocent passage

176

(1)

Rights of the coastal state over the territorial sea

177

(1)

The width of the territorial sea

178

(2)

The line from which the territorial sea is measured

180

(2)

The contiguous zone

182

(1)

Exclusive fishery zones and exclusive economic zones

183

(1)

The high seas

184

(7)

Interference with ships on the high seas

186

(4)

Jurisdiction of municipal courts over crimes committed on the high seas

190

(1)

The continental shelf

191

(2)

The deep seabed

193

(2)

Maritime boundaries

195

(3)

13 Air space and outer space

198

(11)

Air space

198

(3)

Outer space

201

(6)

The `common heritage of mankind' principle

207

(2)

14 Human rights

209

(13)

The concept of human rights

209

(2)

Human rights on the universal level

211

(6)

The United Nations Charter

211

(1)

The Universal Declaration of Human Rights

212

(1)

United Nations bodies active in the field of human rights

213

(2)

The 1966 Covenants

215

(1)

Other human rights instruments on the universal level

216

(1)

Human rights on the regional level

217

(3)

The European Convention for the Protection of Human Rights and Fundamental Freedoms

217

(2)

Other regional instruments

219

(1)

Human rights as a matter of international concern

220

(2)

15 Economy

222

(19)

The Bretton Woods system and international economic organizations

223

(8)

The International Monetary Fund (IMF)

225

(2)

The World Bank

227

(1)

The GATT

228

(3)

The new World Trade Organization

231

(2)

The trade agreements on goods

231

(1)

The Agreement on Services (GATS)

232

(1)

The Agreement on Intellectual Property Rights (TRIPS)

232

(1)

Institutional aspects

233

(1)

Developing countries and the legal quest for a New International Economic Order

233

(2)

Expropriation and standard of compensation

235

(4)

Disguised expropriation

238

(1)

Expropriation of contractual rights

238

(1)

The right to development

239

(2)

16 Environment

241

(13)

The scope and nature of international environmental law

242

(3)

Customary law and general principles

245

(2)

The United Nations Conference on Environment and Development

247

(4)

The Convention on Climate Change

248

(1)

The Biodiversity Convention

249

(1)

The Rio Declaration and Agenda 21

250

(1)

Conclusions

251

(3)

17 State responsibility

254

(19)

The work of the International Law Commission

254

(2)

State responsibility and the treatment of aliens

256

(13)

`Imputability'

257

(3)

The minimum international standard

260

(2)

Preliminary objections

262

(1)

Nationality of claims

263

(4)

Exhaustion of local remedies

267

(1)

Waiver

268

(1)

Unreasonable delay and improper behaviour by the injured alien

269

(1)

Consequences of an internationally wrongful act

269

(2)

Countermeasures and dispute settlement

271

(2)

18 Peaceful settlement of disputes between states

273

(33)

Diplomatic methods of dispute settlement

275

(6)

Negotiations

275

(1)

Good offices and mediation

275

(2)

Fact-finding and inquiry

277

(1)

Conciliation

278

(3)

Legal methods of dispute settlement

281

(17)

Adjudication

281

(1)

The International Court of Justice

281

(12)

Composition

282

(1)

Jurisdiction in contentious cases

282

(5)

Procedure

287

(1)

Ad hoc chambers

288

(1)

Enforcement of judgments

288

(1)

Advisory opinions

289

(1)

Evaluation of the Court

290

(3)

Arbitration

293

(5)

ICSID

295

(1)

The Iran-United States Claims Tribunal

296

(2)

Settlement of disputes under the Law of the Sea Convention

298

(2)

Conclusions

300

(6)

19 International wars, civil wars and the right to self-determination: ius ad bellum

306

(36)

Lawful and unlawful wars: developments before 1945

306

(3)

The prohibition of the use of force in the United Nations Charter

309

(2)

Self-defence

311

(7)

Preventive self-defence

311

(3)

Self-defence and claims to territory

314

(1)

Self-defence against attacks on ships and aircraft

315

(1)

Armed protection of nationals abroad

315

(1)

Armed reprisals

316

(1)

Immediacy and proportionality

316

(1)

Collective self-defence

317

(1)

Civil wars

318

(8)

The legality of civil wars

318

(1)

Participation by other states: help for the insurgents

319

(3)

Participation by other states: help for the established authorities

322

(2)

The theory that help for the established authorities is legal

322

(1)

The theory that help for the established authorities is illegal

323

(1)

Collective self-defence against subversion

324

(1)

Conclusion

325

(1)

Self-determination and the use of force

326

(15)

Mandated territories, trust territories and non-self-governing territories

327

(5)

Mandated territories

327

(1)

Trust territories

328

(1)

South West Africa (Namibia)

328

(1)

Non-self-governing territories

329

(3)

Double standards?

332

(2)

Consequences of violations of the right of self-determination

334

(4)

Creation of new states

334

(1)

Title to territory

334

(2)

Wars of national liberation

336

(2)

New developments

338

(3)

The effectiveness of the modern rules against the use of force

341

(1)

20 Means of waging war and criminal responsibility: ius in bello

342

(22)

Lawful and unlawful means of waging war

342

(10)

Nuclear weapons

346

(4)

The law of neutrality and economic uses of maritime warfare

350

(1)

Reprisals

351

(1)

Rules governing the conduct of civil wars

352

(1)

War crimes trials

353

(8)

The International Criminal Tribunal for the Former Yugoslavia

355

(5)

Jurisdiction of the Tribunal

356

(2)

The work of the Tribunal

358

(2)

The Rwanda Tribunal

360

(1)

Towards a permanent international criminal court?

360

(1)

Possible future developments

361

(3)

21 The Charter and the organs of the United Nations

364

(21)

The United Nations Charter and the problem of interpretation

364

(2)

Literal interpretation

365

(1)

Intention and travaux preparatories

366

(1)

Practice

366

(3)

Effectiveness and implied powers

367

(1)

The purposes of the United Nations

368

(1)

Domestic jurisdiction

368

(1)

Membership

369

(4)

The representation of China

371

(1)

The case of Yugoslavia

372

(1)

The organs of the United Nations

373

(12)

The Security Council

373

(4)

The General Assembly

377

(3)

The Secretariat

380

(2)

The Economic and Social Council and the specialized agencies

382

(3)

22 The United Nations and peace and security

385

(46)

Pacific settlement of disputes under the United Nations Charter (Chapter VI)

385

(2)

Collective security and enforcement action (Chapter VII)

387

(29)

Practice under Chapter VII during the Cold War

390

(5)

The United Nations force in Korea

391

(1)

The Uniting for Peace Resolution

392

(1)

Rhodesia and South Africa

393

(2)

Practice under Chapter VII after the end of the Cold War

395

(21)

The invasion of Kuwait by Iraq

396

(3)

The Kurdish crisis

399

(3)

Somalia

402

(3)

Rwanda

405

(2)

Haiti

407

(2)

Yugoslavia

409

(7)

UN peacekeeping

416

(9)

The `old' peacekeeping during the Cold War

416

(7)

The first United Nations Emergency Force in the Middle East (UNEF)

417

(1)

The United Nations Force in the Congo (ONUC)

418

(2)

The Expenses case

420

(1)

The United Nations Force in Cyprus (UNFICYP)

420

(2)

New forces in the Middle East

422

(1)

New forms of peacekeeping after the Cold War

423

(2)

Conclusion

425

(6)

Table of cases

431

(4)

Table of treaties, declarations and other documents

435

(6)

Index

441

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Akehurst's Modern Introduction to International Law

Summary

Table of Contents

Supplemental Materials