Textbook on International Law: Seventh Edition

Description

The seventh edition of Textbook on International Law offers students new to the subject, a concise and focused introduction to the essential topics of an international law course from the nature and sources of international law to the use of force and human rights. Dixon guides students through the legal principles and areas of controversy, bringing the subject to life with the use of topical examples to illustrate key concepts. The book incorporates helpful features including a glossary, chapter summaries and further reading. The seventh edition includes further discussion of topical areas such as international human rights law and international criminal law. It features a new chapter focusing explicitly on international criminal law. Online Resource Centre The book is complemented by a website providing updates on case law and legislative developments, as well as annotated links to relevant websites. Cover Contents Preface New to this edition List of abbreviations Table of cases Table of treaties Table of other documents Table of statutes 1 The nature of international law and the international system 1.1 The role of international law 1.2 The existence of international rules as a system of law 1.3 The enforcement of international law 1.4 The effectiveness of international law 1.5 The weakness of international law 1.6 The juridical basis of international law 1.7 The future of international law Further reading Summary 2 The sources of international law 2.1 Article 38 of the Statute of the International Court of Justice 2.2 International treaties (‘conventions’) 2.3 Custom 2.4 General principles of law 2.5 Judicial decisions 2.6 Writings of publicists 2.7 Resolutions and decisions of international organisations 2.8 Soft law Further reading Summary 3 The law of treaties 3.1 What is a treaty? 3.2 Acts lacking an intention to create legal relations 3.3 Other ‘non-treaty’ circumstances giving rise to legally binding obligations 3.4 The Vienna Convention on the Law of Treaties 1969 3.5 Vienna Convention on the Succession of States in Respect of Treaties 1978 3.6 Vienna Convention on the Law of Treaties between International Organisations or between States and International Organisations 1986 Further reading Summary 4 International law and national law 4.1 Theories 4.2 National law before international courts and tribunals 4.3 Theories about international law in the national legal system: incorporation, transformation and implementation 4.4 International law in the national law of the United Kingdom 4.5 National courts applying international law 4.6 Executive certificates and ministerial discretion Further reading Summary 5 Personality, statehood and recognition Part One: Personality and statehood in international law 5.1 The concept of personality in international law 5.2 The subjects of international law Part Two: Recognition 5.3 Recognition in international law 5.4 Recognition of states and governments in national law Further reading Summary 6 Jurisdiction and sovereignty 6.1 General principles of jurisdiction 6.2 Civil and criminal jurisdiction 6.3 The acquisition of sovereignty over territory 6.4 Rights over foreign territory 6.5 Areas outside the exclusive jurisdiction of any state 6.6 Jurisdiction over airspace and aircraft Further reading Summary 7 Immunities from national jurisdiction Part One: State immunity 7.1 General conception of immunity and rationale in international law 7.2 State immunity in international law 7.3 The UN Convention on Jurisdictional Immunities of States and their Property 2004 (the ILC Draft Articles) 7.4 State immunity in the United Kingdom 7.5 Heads of state 7.6 The European Convention on State Immunity 1972 7.7 State immunity in the UK and human rights Part Two: Diplomatic and consular immunities 7.8 International law 7.9 The United Kingdom 7.10 A note on the immunities of international organisations Further reading Summary 8 The law of the sea 8.1 Sources of the law of the sea 8.2 The territorial sea and contiguous zone 8.3 The Exclusive Economic Zone 8.4 The continental shelf 8.5 The deep sea bed 8.6 The high seas 8.7 Miscellaneous matters 8.8 Conclusion Further reading Summary Appendix: Guide to the 1982 Convention on the Law of the Sea and 1994 Agreement on the Deep Sea Bed 9 State responsibility 9.1 General issues of state responsibility 9.2 The treatment of foreign nationals 9.3 Expropriation of foreign-owned property 9.4 The internationalisation of contracts 9.5 Protection for private investors 9.6 Other forms of responsibility in international law Further reading Summary 10 The peaceful settlement of disputes 10.1 Negotiation 10.2 Mediation and good of offices 10.3 Inquiry 10.4 Settlement by the United Nations 10.5 Conciliation 10.6 Settlement by regional machinery 10.7 Arbitration 10.8 The International Court of Justice 10.9 Advisory Opinions Further reading Summary 11 The use of force Part One: The unilateral use of force 11.1 The law before 1945 11.2 The law after the UN Charter Part Two: The collective use of force 11.3 The United Nations 11.4 Regional organisations 11.5 Peacekeeping Further reading Summary 12 Human rights 12.1 The role and nature of human rights law 12.2 The development of the law of human rights 12.3 The protection of human rights under the United Nations 12.4 The European Convention on Human Rights and Fundamental Freedoms 1950 12.5 Other regional machinery 12.6 Success and failure Further reading Summary Glossary A C D E I J O P R T U Index A B C D E F G H I J L M N O P R S T U V W