Public International Law in a Nutshell
Authors:
Buergenthal, Thomas / Murphy, Sean D.
Edition:
6th
Copyright Date:
2019
23 chapters
have results for international law in a nutshell
Preface to the Sixth Edition iii 3 results
- This sixth edition of the Public International Law in a Nutshell is designed to introduce the lawyer and the law student to the basic doctrines, institutions, and methodology of modern public international law. It is also intended as a text capable of supplementing and helping with the conceptual integration of the teaching materials on international law in use in the United States.
- In a short volume of this type, the risk is great that, in the effort to consolidate and to be brief, material will be distorted or oversimplified. We have sought to reduce that risk by providing references to cases, secondary sources, and other materials where the reader can find more detailed information and nuances on the points covered. The first half of the volume focuses on broad aspects of the field of international law, as well as its interaction with U.S. law, while the second half addresses certain specialized areas of international law, such as human rights, international environmental law, and the law of the sea. In the final chapter, we provide extensive information on techniques for researching international law, with particular attention to the resources now available on the Internet.
- As was noted in prior editions, what to cover and what to omit ultimately is a matter of personal judgment and preference, as well as of available space. Our decision regarding content and coverage was guided in part by what we deem to be important for understanding the basic elements of contemporary international law, recognizing full well that much more remains to be said about the topics we have covered and that a great deal of material has not been considered at all. We hope that this book will stimulate the reader to pursue the further study of international law. Given the world we live in, public international law is a subject whose basic institutions and concepts need to be understood by the legal profession as a whole.
- Open Chapter
Chapter 13. International Legal Research 132 results (showing 5 best matches)
- Most U.S. guides to legal research contain sections on international law. For works specifically addressing international law research, see
- In addition to international law casebooks of a general type, more and more specialized casebooks are now also being published. These deal with a variety of subjects, including international organizations, human rights, national security law, law of the sea, international civil litigation, international criminal law, international environmental law, international business transactions, trade law, and European Union law.
- § 13-4) and yearbooks on international law are an excellent source of information regarding a state’s practice in the field of international law for a given year. Often they include cases from national courts interpreting international laws, reviews of the international practice of particular states or regions, essays by scholars on topics of contemporary importance, and excerpts from national statutes that touch upon international issues. Some significant yearbooks include:
- >. The Electronic Information System for International Law (E.I.S.I.L.), created by the American Society of International Law, operates as an open database of primary and other authenticated international law materials. E.I.S.I.L. has links to international organizations, international courts, treaty collections, and other international law materials.
- Many foreign-language international law journals publish a significant number of articles in English. Hence, the mere fact that a citation to an article points to a Dutch, French or German international law review, for example, does not exclude the possibility that the piece appears in English. Where this is not the case, moreover, English summaries are at times provided. Foreign international law journals also reproduce or summarize decisions of national tribunals, legislation and governmental pronouncements of interest to international lawyers.
- Open Chapter
Chapter 7. Foreign Relations Law in the United States 87 results (showing 5 best matches)
- Chapter 1 emphasized the importance of keeping the difference between the national and international applications of international law constantly in mind. In a very real sense, it is not the international legal that operates in United States courts. Rather, rules of international law are applied by a U.S. court in certain situations because they are deemed to be a part of U.S. law just like other sources of U.S. law.
- Whether customary international law supersedes a pre-existing treaty or a pre-existing statute under U.S. law is not settled by the Supreme Court. On the one hand, if customary international law is a form of federal common law, it would appear to be inferior to law duly enacted by the legislative branches, even if the customary international law arises later-in-time. On the other hand, customary international law is a special form of federal common law in the sense that it is not simply “judge-made”; it is made by the practice of states worldwide through a process in which the U.S. political branches play a role. As such, arguably customary international law should have a status akin to treaty law, and thus supersede treaties or statutes that precede the emergence of a new customary norm.
- In fact, international law has been a part of U.S. law since the founding of the nation.
- A few scholars writing about customary international law have questioned whether locating law-making authority outside U.S. institutions (i.e., in the practice of states globally) fits within the U.S. political tradition.
- Foreign relations law in the United States falls principally into two areas. One area concerns the division of power among the three branches of the federal government, and between the federal government and the several states, in matters touching upon foreign affairs. The other area deals with the manner in which international law is regarded as a part of U.S. law, such as the circumstances under which an individual can invoke a treaty provision before a U.S. court. This chapter provides an overview of these two areas of U.S. foreign relations law.
- Open Chapter
Chapter 2. Sources of International Law 64 results (showing 5 best matches)
- Under I.C.J. Statute Article 38(1)(b), “a general practice accepted as law” is an international custom. The International Law Commission completed a set of conclusions in 2018 that provides a more meaningful and functionally sounder definition: “To determine the existence and content of a rule of customary international law, it is necessary to ascertain whether there is a general practice that is accepted as law ( ).” I.L.C. Conclusions on the Identification of Customary International Law, Conclusion 2, U.N. Doc. A/73/10, ch. V (2018) (“I.L.C. Conclusions”). Hence, a rule reflected in the practice or conduct of states, must be accepted by them, expressly or tacitly, as being legally binding on the international plane in order to be considered a rule of customary international law.
- Although a bilateral treaty between State A and State B would be a source of law in a dispute between them concerning an issue governed by the treaty, it is not a source of international law for the international community in general. By contrast, some widely-adhered-to multilateral treaties can recognize, crystallize or give rise to a rule of customary international law that is binding even upon the few states that do not join the treaty. The International Law Commission makes that point in the following terms:
- Because of the consensual character of customary and conventional international law, and because of the absence of a centralized legislative or judicial system, states play a dual role in the law-making process: they act both as legislators and as advocates or lobbyists.
- Modern international law relies less on general principles of law as a source of law. This is so in part because of the extraordinary growth of treaties and international institutions as a means of regulating interstate relations, and in part because many of the norms that were originally derived from general principles over time have become customary international law.
- The venue where an issue of international law is being considered may dictate in part which teachings will be accorded the highest weight. In a U.S. court, for example, the work of the American Law Institute (a body of highly-regarded practitioners and scholars who have produced on the U.S. foreign relations law, which in part address international law) would likely be given greater weight as evidence of international law than many types of foreign and international judicial opinions.
- Open Chapter
Chapter 1. Application and Relevance of International Law 45 results (showing 5 best matches)
- On the international plane, international law is invoked and applied on a daily basis by states and by intergovernmental organizations. With minor exceptions, it is the only law that applies to the conduct of states and international organizations in their relations with one another. Here international law is a distinct legal system, comparable in its scope and function to a national legal system.
- International law is routinely applied by international tribunals as well as by national courts. But international law is not relevant solely in judicial proceedings. States rely on it in their diplomatic relations, in their negotiations, and in their policymaking. States defend their actions and policies (both to other states and to their national constituents) by reference to international law and challenge the conduct of other states in reliance on it. To the extent that international law is perceived as “law” by the international community, it imposes restraints on the behavior of states and affects their decision-making process. Although there may be considerable disagreement in a particular case about the nature, scope or applicability of a given rule of international law, states rarely admit to violating international law and hardly ever assert the right to do so.
- The question of whether the individual invoking international law in a U.S. court, for example, has rights or obligations under international law on the international plane (that is, whether he/she is a subject of international law) is for the most part irrelevant. The relevant question is whether this or that rule of international law is, as a matter of U.S. law, appropriate to the resolution of the controversy before the court. Viewed from this national perspective, the individual is the subject of rights and obligations which have their source in international law to the same extent that the individual is the subject of any national legal rights and obligations.
- On the national plane, international law is not a legal system. When we say in the United States, for example, that international law is “the law of the land,” we are in fact saying that it is a part or branch of our legal system, in very much the same way that the law of torts or contracts is part of our legal system. We refer to the law of torts in a case or situation involving issues that can be characterized as being governed by principles of tort law. In much the same way, we refer to international law when the facts of the case or situation demand it. Here international law is invoked in national litigation and other contexts by individuals, private and public entities, and government agencies whenever resort to it appears to be relevant in this context.
- On the international plane, the context for the application of the international law rule relating to innocent passage of ships through the territorial sea in peacetime is the international legal system. That is to say, here all issues bearing on the case, for example, whether the rule takes precedence or not over other rules, would be determined by international law. On the national plane, the context for the application of the rule is the national legal system and constitutional framework. And while it is true, as a general proposition, that a national court would seek to determine the content of a rule of international law in much the same way as an international court, the same controversy might well be resolved differently by each of them because in one case the judicial context is the national legal system with its specialized rules of procedure and possibly competing rules of substantive law, and in the other it is the international legal system. That is why it is so...
- Open Chapter
Chapter 6. Rights of Individuals 110 results (showing 5 best matches)
- Whereas the international law of human rights has a very recent history, the basic principles of the law of state responsibility for injuries to aliens can be traced to the early days of international law. These principles were amplified and refined by international arbitral tribunals in the 19th and early 20th centuries and to a lesser extent by the Permanent Court of International Justice.
- Customary international humanitarian law also exists under the influence of such treaties and the widespread practice of states. Such law helps to fill the gaps left in the treaty law, both with respect to international and non-international armed conflicts. For an important study of such law, see International Committee of the Red Cross,
- The exhaustion of local remedies is also a requirement found in various international human rights instruments before an individual’s petition is admissible before an international commission or court. Today there exists a vast body of law and practice on this subject, most of it developed in the context of human rights complaints but equally applicable to state responsibility cases. A. Trindade,
- During that same period, the International Labor Organization began the process of promoting international standards for the protection of workers. International efforts making some basic humanitarian norms applicable to the conduct of war gained formal multilateral recognition as early as 1864. The law applicable to the responsibility of states for the injuries to aliens, which can be traced back to the early days of modern international law, is yet another precursor of international human rights law. Although it protects only foreign nationals, it produced a body of human rights law binding on all states and universal in character. A. Peters,
- When a claim has been espoused by a state, it has the right under international law to waive the claim, to settle it, and, in all respects, to control the negotiations or litigation relating to it. Moreover, the funds a state receives in satisfaction of a claim are deemed under international law to belong to the state receiving them. National law may require a state to pay the money to the individual claimant, but international law does not impose that requirement. Some states, including the United States, have from time to time established national commissions to adjudicate the claims of their nationals to a share of
- Open Chapter
Chapter 3. States and International Organizations 90 results (showing 5 best matches)
- In addition to states and international organizations, there is a third type of organization relevant to international law known as private or non-governmental organizations (NGOs) that operate transnationally. , U.N. Charter, art. 71. Well-known NGOs include Amnesty International, Greenpeace International, and the International Committee of the Red Cross. These institutions are created under and governed by national, rather than international, law, but they can play important roles in the promotion of international law and in its observance.
- This chapter considers the principal “actors” in international law: states and international organizations created by states. First, this chapter discusses the law and practice associated with “recognizing” the creation of a new state or formation of a new government that has come to power through non-constitutional means. Second, this chapter introduces the core legal issues that arise with respect to international organizations, paying particular attention to the United Nations and the European Union. Finally, this chapter briefly notes the role of non-governmental organizations in the formation and implementation of international law.
- Article 13(1)(a) of the U.N. Charter requires the General Assembly “to initiate studies and make recommendations . . . encouraging the progressive development of international law and its codification.” The General Assembly has discharged this responsibility in various ways. In 1947, it established the International Law Commission. This body, composed of distinguished international lawyers, has drafted a number of important multilateral conventions that are now in force, including the Vienna Convention on the Law of Treaties, May 23, 1969, 1155 U.N.T.S. 331, 8 I.L.M. 679, and the Vienna Convention on Diplomatic Relations,
- The General Assembly has also adopted and opened for signature many major international treaties, such as the two international covenants on human rights. Much of the existing international legislation relating to the law of the sea, the international environment, and space law originated within the General Assembly or in diplomatic conferences that were convened by it. These codification efforts by the General Assembly have contributed significantly to the growth and modernization of international law.
- Some resolutions of the General Assembly have also come to be accepted as declaratory of customary international law. For example, the Universal Declaration of Human Rights, which was adopted by the General Assembly in the form of a resolution, is often cited as evidence of customary international law regarding human rights. Although the normative effect of U.N. resolutions is a highly controversial topic, few authorities dispute the fact that these resolutions have played and will continue to play an important role in the international law-making process.
- Open Chapter
Chapter 8. Exercise of National Jurisdiction 88 results (showing 5 best matches)
- In short, do not confuse the existence of the five jurisdictional bases present in international law as
- International law requires that a state only exercise jurisdiction to adjudicate in situations where it is reasonable to do so. The standard of reasonableness is not the same as the standard applied for jurisdiction to prescribe. It is entirely possible that international law would regard as reasonable the exercise by a state of prescriptive jurisdiction over a person, but not regard as reasonable the exercise of personal jurisdiction over that person (and vice versa).
- At this point, it must be emphasized that even if international law permits the exercise by a state of jurisdiction, it is wholly within the discretion of the state whether actually to do so. For instance, international law permits a state to enact legislation prohibiting its nationals from committing crimes abroad (based on nationality jurisdiction) and many states have enacted such laws. However, under U.S. law, criminal law is principally regulated by the laws of the several states (not federal law), which in most instances are not interpreted by state courts as applying outside the territory of the state, let alone outside the United States. Consequently, when a U.S. national commits a serious crime abroad, such as murder, normally there are no means for prosecuting that person in the United States, even though international law permits the United States to do so.
- [N]o court in the United States shall decline on the ground of the federal act of state doctrine to make a determination on the merits giving effect to principles of international law in a case in which a claim of title or other rights to property is asserted by any party including a foreign state . . . based upon . . . a confiscation or other taking after January 1, 1959, by an act of that state in violation of the principles of international law. . . .
- Generally, the limitations set by international law provide that a state must first have jurisdiction to prescribe with respect to a matter before the state seeks to enforce its law relating to that matter, whether done through its courts or otherwise (e.g., through administrative or police action). Further, international law requires that a state only exercise jurisdiction to enforce in situations where it is reasonable to do so, by measures in proportion to the violation.
- Open Chapter
Copyright Page 6 results (showing 5 best matches)
- Nutshell Series, In a Nutshell
- The publisher is not engaged in rendering legal or other professional advice, and this publication is not a substitute for the advice of an attorney. If you require legal or other expert advice, you should seek the services of a competent attorney or other professional.
- Printed in the United States of America
- © West, a Thomson business, 2002, 2007
- © 2013 LEG, Inc. d/b/a West Academic Publishing
- Open Chapter
Chapter 5. International Law of Treaties 73 results (showing 5 best matches)
- The term “treaty”, as used on the international plane, describes international agreements in general, whether they be denominated conventions, pacts, covenants, charters, protocols, or some other name. These different names have no legal significance; the same legal rules apply to one as to the other. The choice of this or that name may at times be prompted by the belief that a given designation implies greater or lesser solemnity or importance. But as a matter of international law, a treaty by whatever name is still a treaty. In U.S. national law, by contrast, the term “treaty” has a special meaning. It describes an international agreement that, unlike other international agreements the United States might conclude, requires the advice and consent of the Senate before the United States may become a party to it.
- The usual grounds which may be invoked under national law to invalidate contracts, that is, error of fact, fraud, corruption and duress, are also available under international law to invalidate treaties. VCLT, arts. 48–52. Although national law contains many provisions of law and public policy that are obligatory in the sense that individuals may not by contract enter into arrangements in conflict with such law and policy, the basic assumption in international law is almost absolute freedom of contract. In general, states are free to enter into treaties that change, as between them, otherwise applicable rules of customary international law.
- Treaties, whether bilateral or multilateral, are defined somewhat circuitously as agreements governed by international law. Treaties are the agreements formed between and among the subjects of international law (states and intergovernmental organizations). Since it is international law which applies to relations between and among the subjects of international law, it follows that agreements which they conclude with one another are, as a general rule, treaties.
- VCLT Article 26 declares that “[e]very treaty in force is binding upon the parties to it and must be performed by them in good faith.” The U.N. International Law Commission, in its commentary to this rule, characterized it as a “fundamental principle of the law of treaties.” 1966
- Treaties perform a variety of functions on the international plane that in national law are performed by many different types of legal acts and instruments, including constitutions, laws of general applicability, contracts, deeds, trust agreements, or corporate charters. Treaties serve as the constitutions of international organizations, ch. 3, they can be a source of customary international law, A. Aust,
- Open Chapter
Chapter 4. International Dispute Settlement 114 results (showing 5 best matches)
- In some of these treaties, provisions are even made for adjudication, which is resorted to as a final step in the dispute-settlement process.
- As international courts have proliferated, concerns have arisen about the lack of a judicial hierarchy, which can lead to different courts reaching difference conclusions about the law, even though applying essentially the same facts to the law. One concern involves the possibility of forum shopping, whereby one State in a dispute who seeks a trade-favorable outcome might pursue dispute settlement at the World Trade Organization, while the other State who seeks an environment-friendly outcome might pursue the exact same dispute at a law of the sea tribunal. On the consequences for the development of international law of the proliferation of international courts, see Y. Shany,
- Consequently, the corporation might further insist upon a compromissory clause in the agreement stating that, if a dispute arises, it shall be resolved in accordance with international law by international arbitration at a major institution, such as the International Chamber of Commerce in Paris or the International Centre for Settlement of Investment Disputes (ICSID) in Washington, D.C. If a dispute arises, the corporation has the right to demand resolution at the chosen international forum. Further, if the corporation obtains an award in its favor, and the state refuses to pay the award, the corporation may be able to enforce the award in numerous jurisdictions worldwide through use of certain enforcement conventions, such as the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards, 21 U.S.T. 2517 (implemented in U.S. law at ) or the Inter-American Convention on International Commercial Arbitration, Jan. 30, 1975, 14 I.L.M. 336 (implemented in U.S. law...
- When a state has bound itself by international agreement to arbitrate a dispute with another state or with a private party,
- Narrowly defined, international arbitration is a method for the adjudication on the international plane of disputes between states. Nevertheless, the facts giving rise to such disputes often involve claims by nationals of one state against another state. Here, if states bring such claims to an arbitral tribunal, the states are said to be “espousing” the claims of their nationals. Over the years, international arbitral tribunals have developed a whole body of international law, both procedural and substantive, bearing on the various legal issues that arise in the ch. 6, pt. III. Much of that law, particularly its procedural and jurisdictional components, has found its way into the constitutions and rules of procedures of existing international courts.
- Open Chapter
Chapter 12. Use of Force and Arms Control 62 results (showing 5 best matches)
- The Court can only regard the alleged right of intervention as the manifestation of a policy of force, such as has, in the past, given rise to most serious abuses and such as cannot, whatever be the present defects in international organization, find a place in international law.
- The maintenance of international peace and security is a primary role of the United Nations under the U.N. Charter. Article 2(3) requires all members to “settle their international disputes by peaceful means in such a manner that international peace and security, and justice, are not endangered.” Article 33(1) lists several peaceful dispute settlement mechanisms to serve as the first resort in lieu of force of arms (these processes are discussed in Chapter 4). Nevertheless, at times states resort to the use of military force against other states to resolve disputes, which implicates further Charter provisions and customary rules. This chapter addresses international norms regulating the use of force, as well as instruments in the field of arms control.
- An important rule of customary international law associated with the right of self-defense is that the defensive force must be necessary and proportionate to the armed attack that gave rise to the right. Reference in support of this proposition is typically made to the incident. In 1837, certain insurgents in Canada (at that time controlled by Britain) were receiving private support from within the United States. That support prompted British forces to attack and burn a vessel in a U.S. port, the , that was being used to support the insurgents. Britain claimed that the act was in self-defense, but U.S. Secretary of State Daniel Webster asserted that the action was neither necessary nor proportionate, as required under international law.
- The submission of the exercise of the right of self-defence to the conditions of necessity and proportionality is a rule of customary international law. As the Court stated in the case concerning
- The U.S. position referred to various factors that, taken together, the United States believed justified the action: the commission by the FRY military and police of serious and widespread violations of international law in the FRY province of Kosovo against Kosovar Albanians; the threat that FRY actions in Kosovo could lead to a wider conflict in Europe; the FRY failure to comply with agreements with NATO and with the Organization for Security and Cooperation in Europe regarding FRY actions in Kosovo; the FRY failure to comply with Security Council resolutions regarding FRY actions in Kosovo; the FRY failure to cooperate with the International Criminal Tribunal for the former Yugoslavia; and the FRY failure to abide by its own unilateral commitments.
- Open Chapter
Chapter 11. International Environmental Law 76 results (showing 5 best matches)
- International environmental law is a relatively recent branch of international law concerned with the preservation and enhancement of the global environment. To address transnational environmental problems, such as ozone depletion, climate change, and loss of biological diversity, states have developed a network of agreements and institutions, as well as certain legal principles and techniques, that are unique to this field of international law.
- There are numerous international non-governmental organizations that play an important role in the development of international environmental law. These organizations help galvanize public support for environmental initiatives and channel that support to the governments of states and to negotiations of international instruments. Indeed, such organizations often participate in multilateral negotiating conferences as observers, which allow them to speak on issues under negotiation.
- Whenever international environmental agreements interfere with free trade, the values underlying both fields of international law can come into conflict. Further, there are often concerns stated that international trade obligations may be used to strike down national laws designed to protect the environment. The principal forum for adjudicating these conflicts has been the dispute settlement process before the World Trade Organization (WTO), which looks to trade agreements such as the
- Further, after the Rio Conference, other fields of international law—such as those of trade, human rights, and armed conflict—became increasingly responsive to international environmental concerns. In an advisory opinion sought from the International Court of Justice on the legality of the threat or use of nuclear weapons, the Court declined to answer the question solely by reference to environmental agreements. The Court, however, declared that it:
- The Stockholm Declaration called upon states to “ensure that international organizations play a coordinated, efficient and dynamic role for the protection and improvement of the environment” (princ. 25). The role of international institutions in this field of law is important for several reasons: (1) they allow states to pool their scientific knowledge about threats to the global environment; (2) they allow states to develop international rules and standards as a means of addressing those threats; (3) they provide a forum for resolving any ambiguities in the rules and standards, and for adapting the rules to address changing conditions; (4) they provide a means for monitoring adherence by states to rules and standards; and (5) they allow states to coordinate the provision of financial and other resources to states experiencing difficulty in complying with norms and standards. A. Chayes & A. H. Chayes,
- Open Chapter
Chapter 10. Law of the Sea 87 results (showing 5 best matches)
- The delimitation of the continental shelf between States with opposite or adjacent coasts shall be effected by agreement on the basis of international law, as referred to in Article 38 of the Statute of the International Court of Justice, in order to achieve an equitable solution.
- A strait is a narrow stretch of water connecting two larger bodies of water. The International Court of Justice has recognized a customary rule of international law that innocent passage could not be suspended by a coastal state in straits used for international navigation between one part of the high seas and another.
- As noted above, once baselines are established, the waters landward of the baselines are internal waters. The coastal state enjoys full territorial sovereignty over its internal waters, with the exception that there is a right of innocent passage ( § 10-2) through waters enclosed by a straight baseline that previously had not been considered internal waters (art. 8(2)). There is no right generally under international law for foreign vessels to enter a state’s internal waters.
- Until the 1950’s, the basic principles of the law of the sea had their source in customary international law. In 1958, the United Nations convened the first U.N. Conference on the Law of the Sea (UNCLOS I), which succeeded in adopting four conventions on: (1) the territorial sea and contiguous zone; (2) the high seas; (3) the continental shelf; and (4) fishing and conservation of living resources of the high seas. While the first three conventions were ratified by numerous states (including the United States) and have come to be regarded as reflecting customary international law, the fourth convention (as well as an optional protocol on dispute settlement) obtained fewer adherences.
- At the same time, the final item in the list appears to sweep within it all activities not having a “direct bearing on passage,” even if that activity is not prejudicial to the coastal state, thus potentially severely diminishing the right of innocent passage. In an effort to avoid such implication, the United States and the Soviet Union in 1989 issued a “uniform interpretation” of international law, the Union of Soviet Socialist Republics—United States: Joint Statement with Attached Uniform Interpretation of Rules of International Law Governing Innocent Passage sets out “an exhaustive list of activities that would render passage not innocent.” 28 I.L.M. 1444, para. 3 (1989).
- Open Chapter
Chapter 9. Immunities from Jurisdiction 75 results (showing 5 best matches)
- Though recognition in a national court of the immunity to a foreign state or its officials may seem an obstacle to the pursuit of justice, it should be kept in mind that other paths exist to address the underlying dispute. First, the foreign state could be asked to waive the immunity, which it might do in certain circumstances. Second, dispute resolution might be pursued in the courts of the foreign state (international law does not speak to immunities of a state before its own courts). Third, dispute resolution might be pursued before an international court or tribunal, if one is available.
- International law also requires that states accord immunity from their national jurisdiction for certain high-level foreign government officials, for both their official and private acts, but only while they are in office. This immunity or “status-based immunity,” is linked to the person’s status as a high government official, such as a head of state, a head of government or a foreign minister (and hence is often referred to as “head-of-state immunity”).
- There is no global convention governing the privileges and immunities of all international organizations and of their officials. There is a Vienna Convention on the Representation of States in Their Relations with International Organizations of a Universal Character, Mar. 14, 1975, U.N. Doc. A/CONF.67/16 (1975), but that convention is still not in force. The convention may reflect customary international law since it is based upon the widely-adhered-to VCDR, but the unwillingness of states to ratify the convention suggests that its rules are not uniformly accepted.
- An authoritative statement of the international law on diplomatic immunity can be found in
- For example, in , a Belgian judge issued an international arrest warrant for “serious violations of international humanitarian law” allegedly committed by the Democratic Republic of the Congo (D.R.C.)’s Foreign Minister. The International Court found that a sitting Foreign Minister enjoys full immunity from criminal jurisdiction abroad, even if the Minister is accused of war crimes or crimes against humanity.
- Open Chapter
Title Page 5 results
Subject Index 461 61 results (showing 5 best matches)
Outline 66 results (showing 5 best matches)
Table of Abbreviations xxix 52 results (showing 5 best matches)
Table of Cases xxi 22 results (showing 5 best matches)
- International Convention for the Suppression of the Financing of Terrorism and of the International Convention on the Elimination of all Forms of Racial Discrimination, Application of the (Ukr. v. Russ.), 83
- International Convention on the Elimination of All Forms of Racial Discrimination, Application of the (Geor. v. Russ.), 85
- International Shoe Co. v. Washington, 275
- Construction of a Road in Costa Rica along the San Juan River (Nicar. v. Costa Rica), 377
- Authority to Use Military Force in Libya, 223
- Open Chapter
WEST ACADEMIC PUBLISHING’S LAW SCHOOL ADVISORY BOARD 11 results (showing 5 best matches)
- Distinguished University Professor, Frank R. Strong Chair in LawMichael E. Moritz College of Law, The Ohio State University
- Robert A. Sullivan Professor of Law Emeritus
- Professor of Law Emeritus, University of San Diego Professor of Law Emeritus, University of Michigan
- Professor of Law, Chancellor and Dean Emeritus University of California, Hastings College of the Law
- Professor of Law, Yale Law School
- Open Chapter
Author Index 477 34 results (showing 5 best matches)
- Publication Date: October 17th, 2018
- ISBN: 9781683282396
- Subject: International-Public
- Series: Nutshells
- Type: Overviews
- Description: This Sixth Edition of Public International Law in a Nutshell is a concise yet accurate summary of the field of public international law, covering its basic sources, actors, and procedures, and key subject matter areas, such as human rights, the law of the sea, international environmental law, the law of war, and U.S. foreign relations law. This edition is fully updated to include recent treaties, institutions, and Supreme Court decisions. The book is intended to be helpful for students, scholars, and practitioners alike.
