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- ISBN: 9780205855773 | 0205855776
- Cover: Nonspecific Binding
- Copyright: 2/3/2012
Updated in its 10thedition, Law Among Nationsexplains issues of international law by tracing the field's development and stressing key principles and processes. Offering a more accessible alternative to casebooks and historical commentaries,this comprehensive text eliminates the need for multiple books by combining discussions of theory and state practice with excerpts from landmark cases.
Gerhard von Glahn (late) was Professor of Political Science at the University of Minnesota, Duluth.
James Larry Taulbee is Associate Professor of Political Science at Emory University.
Preface | p. xiii |
Abbrevations | p. xvii |
The Law of Nations | p. 1 |
The Nature of International Law | p. 2 |
The Nature of the Law | p. 3 |
Visions of International Politics | p. 10 |
Why Do States Obey International Law? | p. 15 |
Extralegal Factors That Promote Compliance | p. 18 |
Suggested Readings | p. 22 |
Development of Law Among Nations | p. 24 |
Early Development of International Law | p. 24 |
From Medieval to Early Modern Europe | p. 26 |
The Impact of Westphalia (1648) | p. 33 |
The Nineteenth Century | p. 35 |
International Law As "International" Before World War I | p. 37 |
Twentieth Century | p. 38 |
Suggested Readings | p. 48 |
Sources of the Law | p. 50 |
International Treaties (Conventions) | p. 51 |
International Custom | p. 53 |
Beyond Article 38 of the Statute | p. 67 |
Suggested Readings | p. 71 |
International Agreements | p. 72 |
Types of Agreements | p. 72 |
What Makes a Treaty Valid? | p. 78 |
Formation of Treaties | p. 79 |
Special Problems | p. 91 |
Validity of Treaties | p. 92 |
Suggested Readings | p. 99 |
International Legal Process | p. 101 |
Diplomatic Correspondence: Government-to-Government Claim or Negotiation | p. 103 |
Sanctions and Centralized Enforcement | p. 113 |
Suggested Readings | p. 116 |
The Relationship Between International and Municipal Laws | p. 117 |
Monism and Dualism: What is the Relationship Between International and Domestic Law? | p. 118 |
Applying International Law | p. 118 |
Civil Code States and the European Union | p. 133 |
Suggested Readings | p. 134 |
Subjects of International Law | p. 137 |
Subjects of International Law: Recognition | p. 138 |
The Community of Nations | p. 138 |
International Juridical Personality | p. 139 |
Contemporary Practice | p. 169 |
State Succession | p. 172 |
Suggested Readings | p. 177 |
Rights and Duties of International Legal Persons | p. 178 |
Traditional Views | p. 178 |
Rights of States | p. 178 |
The Rights of Existence and Independence | p. 179 |
The Right of Equality | p. 181 |
The Right of Immunity | p. 182 |
State Immunity | p. 185 |
Act of State Doctrine | p. 196 |
Rights of International Organizations | p. 198 |
Duties of States | p. 200 |
Suggested Readings | p. 204 |
The Allocation of Competence in International Law | p. 207 |
Nationality | p. 208 |
Meaning of Nationality | p. 208 |
Right of the State to Confer Nationality | p. 209 |
Suggested Readings | p. 230 |
Principles of Jurisdiction | p. 233 |
Principles of International Jurisdiction | p. 235 |
Extradition | p. 246 |
Common Elements of Extradition Treaties | p. 249 |
Suggested Readings | p. 269 |
State Responsibility: Responsibility for Injuries to Aliens | p. 271 |
Circumstances Precluding Wrongfulness | p. 273 |
The Rainbow Warrior | p. 273 |
Mixed Claims Commissions | p. 284 |
Responsibility of States for the Actions of Rebels and Insurgent Governments | p. 296 |
Suggested Readings | p. 297 |
The Law of the Sea | p. 299 |
Some Notes on "Lawmaking" at the International Level | p. 300 |
General Principles | p. 301 |
Basic Principles | p. 302 |
Maritime Boundaries and Jurisdictional Principles | p. 306 |
High Seas | p. 325 |
A Note on Regimes and the Idea of the Global Commons | p. 331 |
Suggested Readings | p. 334 |
Jurisdiction Over Air Space and Outer Space | p. 338 |
National Airspace | p. 338 |
Air Hijacking | p. 343 |
Telecommunications | p. 356 |
Outer Space | p. 359 |
Suggested Readings | p. 362 |
Agents of International Intercourse Immunities | p. 363 |
Diplomatic Agents | p. 363 |
Diplomatic Privileges and Immunities | p. 375 |
Agents of International Organizations: Privileges and Immunities | p. 390 |
Consular Agents | p. 395 |
Suggested Readings | p. 401 |
International Law and the Individual | p. 403 |
The Individual and International Law: Human Rights | p. 404 |
The Individual: From Object to Subject | p. 404 |
Restrictions on the Jurisdiction of States Over Their Nationals | p. 405 |
Theory and Practice | p. 406 |
The United Nations and Human Rights | p. 407 |
International Covenant on Civil and Political Rights | p. 409 |
International Covenant on Economic, Social, and Cultural Rights | p. 410 |
Other Human Rights Instruments | p. 410 |
Implementation | p. 414 |
Commission on Human Rights/Human Rights Council | p. 416 |
Regional Human Rights Initiatives | p. 418 |
Human Rights and Territorial Asylum | p. 423 |
U.S. Practice and Human Rights Conventions | p. 430 |
Suggested Readings | p. 434 |
International Criminal Law | p. 436 |
Crimes Against Humanity and Genocide | p. 438 |
Piracy | p. 449 |
Peacetime Hostage Taking | p. 459 |
Terrorism | p. 470 |
Inter-American Convention Against Terrorism | p. 475 |
Conclusion | p. 475 |
Suggested Readings | p. 476 |
Process and Issues | p. 479 |
Adjudication | p. 480 |
Advantages and Disadvantages of Adjudication | p. 481 |
International Adjudication | p. 483 |
Arbitration | p. 483 |
Judicial Settlement | p. 488 |
Suggested Readings | p. 507 |
International Law and Protection of the Environment | p. 508 |
The Environment and Traditional International Law | p. 509 |
The Limits of the Liability/Traditional Law Framework | p. 511 |
Regimes and the Law | p. 512 |
Organizations and Regimes | p. 518 |
The Earth Summit (Rio Conference) | p. 523 |
Treaties | p. 526 |
Conclusion | p. 538 |
Suggested Readings | p. 539 |
International Economic Law | p. 540 |
Economic Theory and Economy Law | p. 540 |
World War I and the Great Depression | p. 543 |
Prelude: Modern Economic Theory and Political Economy | p. 545 |
The Bretton Woods System | p. 547 |
The International Monetary Fund | p. 547 |
The General Agreement on Tariffs and Trade | p. 554 |
The Multilateral Investment Guarantee Agency | p. 573 |
Suggested Readings | p. 574 |
Law and the Use of Force | p. 575 |
The Use of Force | p. 576 |
The Classic Definition of War | p. 577 |
Pre-Charter Attempts to Regulate the Use of Force | p. 579 |
The United Nations | p. 582 |
Terrorism and Self-Defense | p. 591 |
Suggested Readings | p. 611 |
International Humanitarian Law: War Crimes | p. 613 |
The Laws of War (JUS IN BELLO): International Humanitarian Law | p. 613 |
Early Development of the Law of War | p. 614 |
Law of Noninternational Wars | p. 616 |
Prisoners of War | p. 619 |
Limiting the Means of War | p. 627 |
Belligerent Occupation | p. 634 |
Fourth Geneva Convention and AP-I | p. 635 |
Rules of Conflict in the Air | p. 640 |
Naval Warfare | p. 642 |
Suggested Readings | p. 643 |
War Crime Tribunals | p. 645 |
The Treaty of Versailles and the Commission of Fifteen | p. 647 |
Leipzig | p. 648 |
Constantinople | p. 649 |
The International Military Tribunal: Nuremberg | p. 651 |
International Military Tribunal for the Far East | p. 654 |
Trials by National Tribunals | p. 655 |
After Nuremberg | p. 656 |
The Courts: Structure and Organization | p. 658 |
The International Criminal Court | p. 666 |
Suggested Readings | p. 673 |
Subject and Name Index | p. 675 |
Index of Cases | p. 694 |
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