Cargando…
An Introduction to International Law.
National judges are a sort of propelling force behind international law to the extent that they perceive the need to realize that international solidarity which is too often lacking at the level of governments. Hence they are the principal addressees of this book.
| Clasificación: | Libro Electrónico |
|---|---|
| Autor principal: | |
| Otros Autores: | |
| Formato: | Electrónico eBook |
| Idioma: | Inglés |
| Publicado: |
Leiden :
BRILL,
2012.
|
| Temas: | |
| Acceso en línea: | Texto completo |
Tabla de Contenidos:
- An Introduction to International Law; Copyright page; CONTENTS; Preface; Abbreviations; Table of Cases; CHAPTER ONE. INTERNATIONAL LAW AND THE ROLE OF DOMESTICCOURTS AND EXECUTIVE ORGANS; 1. The Present International Community and its Law; 2. The "Legal" Aspect of International Law and its Application by Domestic Courts and Executive Organs; 3. The "Political-Diplomatic" Aspect of International Law; 4. Areas of International Law Where the Legal and Political Diplo℗Ưmatic Aspects Respectively Prevail; 5. Obstacles to Full Recognition of the Legal Value of International Law.
- 5.i. The Political Question Doctrine5.ii. Other Forms of Judicial Deference to the Executive Branch; 5.iii. The Act of State Doctrine; 5.iv. The Concept of Non-Self-Executing International Law; 5.v. The Tendency to Deny that the Binding Resolutions of International Organisations are Self-Executing; 5.vi. The Application of the Last-in-Time Rule (Lex Posterior Principle) to Inconsistency Between International and Na℗Ưtional Rules; CHAPTER TWO. INTERNATIONAL LAW?MAKING; Section A. Custom as a Source of General International Law; 6. Custom as a Product of the Conduct of State Organs.
- 7. The Nature of Custom and the E.ect of Objection to Custo℗Ưmary Law8. The Persistent Objector; 9. A Particular Kind of Custom: General Principles of Law Reco℗Ưgnised by Civilised Nations; 10. The Resolutions of International Organisations and the Deve℗Ưlopment of Customary Law; 11. Customary Law and Codi.cation Conventions; 12. The ℗±Ageing℗» of Codi.cation Conventions; 13. Article 4 of the Vienna Convention on the Law of Treaties; 14. Equity and the Role of International and Domestic Court in the Development of Customary Law; 15. Custom and the Teachings of Publicists; Section B. Treaties.
- 16. Domestic Law and the Conclusion of Treaties17. Invalidity and Termination of Treaties: The Role of Domestic Courts and Executive Organs; 18. The Interpretation of Treaties and Domestic Courts; Section C. Law-Making by International Organisations; 19. The Resolutions of International Organisations and Soft Law; 20. The Democratisation of International Organisations; 21. The Resolutions of International Organisations and Domestic Courts; Section D. The Hierarchy of International Norms; 22. General Rule: The "Flexibility" of International Norms.
- 23. The Exception: Peremptory Norms of General International Law (Jus Cogens)24. A Special Kind of Jus Cogens: Rules on the Invalidity and Ter℗Ưmination of Treaties; CHAPTER THREE. THE CONTENT OF INTERNATIONAL LAW; 25. "International" Force and "Internal" Force; 26. Limitations on International Force; 27. Limitations on Internal Force; 27.i. The Territorial Limitation of State Jurisdiction; 27.ii. The Functional Limitation of State Jurisdiction; 27.iii. The "Personal" Limitation of State Jurisdiction; 28. Exercise of State Jurisdiction for the Bene.t of the International Community as a Whole.