Principles of International Law
Author:
Murphy, Sean D.
Edition:
3rd
Copyright Date:
2018
29 chapters
have results for international law
Chapter 15 International Legal Research 111 results (showing 5 best matches)
- 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.
- . 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.
- In 2018, the Secretariat of the U.N. International Law Commission prepared a memorandum on
- Both periodical journals 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 best general source for finding recent international judicial and arbitral decisions, as well as some national court decisions dealing with international law issues, is
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Chapter 1 Foundations of International Law 135 results (showing 5 best matches)
- A different aspect of the vertical structure of international law concerns the interface of international law with national law (also referred to as “domestic law”). National legal systems typically contain rules about whether international law is automatically received into the national legal system. Some countries view international law and national law as part of the same system of law (the “monist” approach), and thus international law is automatically a part of the national legal system. Thus, in most civil law countries, treaties are regarded as internal law as soon as they are ratified and publicly announced. Indeed, in some countries, such as the Netherlands, treaties have the same rank as constitutional law, and thus are paramount even with respect to subsequent national legislation. Other countries, such as the common law and Scandinavian countries, tend to view international law and national law as separate, distinguishable bodies of law (the “dualist” approach). However,...
- Another dimension in the structure of international law concerns the presence and importance of legal and natural persons operating across borders. Traditional studies of international law focus on states and international organizations as the principal means by which international law is created, interpreted, and enforced. However, over the past century, the field of international law has seen other “actors” emerge as important participants, including mid-level government bureaucrats, non-governmental organizations, corporations, and private citizens. As discussed in Chapter 2(D) and (E), these other actors play key roles in the lobbying of governments and international organizations, the creation of specialized rules at an expert-level, the development of codes of conduct for private entities that inculcate international legal rules, the monitoring of compliance, and the pursuit of international and national litigation to enforce international law.
- The purpose of this chapter is to introduce the reader to the basic structure of international law, to some of the theories that exist in explaining the nature of international law, and to the history of the field from its origins to the present. By understanding these foundations of international law, and the “actors” of international law (discussed Chapter 2), it will be possible to discuss in detail the manner in which international law is created (Chapter 3), interpreted (Chapter 4), and enforced (Chapter 5).
- Among the foundations of international law are theories about the nature of such law; in what sense is it “law” and how does that law “bind” states and other relevant actors? As is the case with national law, there are various and sometimes conflicting theoretical strands that seek to explain the nature and functioning of international law.
- Unlike national law, international law is largely decentralized; there is no single legislature, judiciary, or executive responsible for the creation, interpretation, and enforcement of international law. Instead there are a variety of ways international law seeks to perform those functions. As such, the origin and nature of international law are both unusual and exciting; the field allows a lawyer to “think outside the box” as to what law is and how it shapes human behavior. At the same time, fully understanding the field of international law may take years of study, for it encompasses an enormous range of topics, from the grander rules that seek to prevent war to the less dramatic rules that regulate trans-Atlantic telephone calls.
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Chapter 5 International Law Compliance and Coercion 63 results (showing 5 best matches)
- almost all nations observe almost all principles of international law and almost all of their obligations almost all of the time
- States might absorb into their national law the international commitment, such that the international obligation merges into a national obligation. When this happens, national laws, regulations, and courts become available to strengthen compliance with the international commitment. At the time a state enters into a new international commitment, existing national law may already support adherence to the commitment; indeed, the United States often seeks to steer international negotiations in a direction that requires little or no alterations in existing U.S. law. If existing national law does not support adherence, then some states have a national legal system that automatically receives the rule of international law (monist system). For states whose national legal system does not automatically receive the rule of international law (dualist system), then implementing legislation or regulations may be necessary and, if so, are usually adopted prior to the entry into force of the
- An issue often raised in any discussion about international law is whether such law is enforced. For those new to the field, the lack of a centralized system of courts and police capable of ordering and imposing sanctions is a critical flaw, one that even calls into question whether international law is really “law.”
- As a matter of policy, states normally do not resort to the use of military measures to coerce compliance with international law. While military power can have quicker results than less coercive measures, the human and economic costs can be quite high, and the results achieved may not be those intended. Moreover, international law generally disfavors the use of unilateral military action even when being done to vindicate a state’s right under international law. The rules on state responsibility allow a state to undertake counter-measures against another state that has violated international law, but those counter-measures are to be non-forcible.
- states comply with international law is an important undertaking, for it can help explain why some international rules appear to work and others do not.
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Chapter 2 Actors of International Law 110 results (showing 5 best matches)
- This chapter considers the principal “actors” (sometimes referred to as “subjects”) of international law: states; international organizations created by states; non-governmental organizations; persons and groups of persons; and transnational corporations. These actors are capable of possessing international rights and duties, and have the capacity to take certain kinds of action in the international sphere. States and international organizations remain the dominant international actors in making, interpreting, and enforcing or complying with international law. Yet, increasingly, the other actors are also playing roles in the field of international law. For example, while corporations are formed under the national law of a state and often conduct their activities solely within the confines of national law, it is possible for a corporation to obtain certain rights under a bilateral treaty addressing foreign investment, including a right to sue a state before an international tribunal.
- Some NGOs are focused specifically on the study and development of international law, often with academics as members. The Institut de Droit International, established in France in 1873, consists of no more than 132 members and associates (under the age of 80) elected by the Institut based on their achievements in the field of international law. The Institut adopts resolutions setting forth what it considers to be the rules of international law on particular topics, which in turn are often cited by states, tribunals, and scholars. Similarly, the International Law Association is an organization of specialists in the field of international law, consisting of both a global organization and “branches” in many states. Resolutions adopted at its biennial conferences, as well as the reports and studies of its committees, have influenced the development of international law.
- MNCs have also been important players in the field of private international law as it relates to economic matters. MNCs engage extensively in the international sale of goods, the licensing of intellectual property across borders, and other forms of international business transactions. A variety of treaties and codes have developed in the field of private international law to address these transactions.
- Generally speaking, however, groups of persons have not been accorded positions of strength in international law. Their participation in the system and the rights accorded to them are bestowed and thus controlled by states or, in some instances, international organizations. Groups of persons do not have ready access to international law making, interpreting, or enforcement, but over time international law may transition to a system in which greater account is taken of groups of persons organized at a sub-state level.
- S. James Anaya, Indigenous Peoples in International Law
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Chapter 3 International Law Creation 188 results (showing 5 best matches)
- With respect to teachings, there are a variety of highly regarded treatises on international law generally and in various specialized fields, many of which are identified throughout this volume. There are also high quality, peer-reviewed international law journals, such as the
- Consequently, there is a second main source of international law known as customary international law. For a lawyer trained in a common law system (like the United States), it may be helpful to think of customary international law as akin to common law. In other words, there may be a statute (treaty) addressing a particular issue but, if not, then a lawyer may resort to the common law (customary international law) to find the applicable rule.
- International law is not created by a global legislature, for no such institution exists. Rather, the “sources” of international law are to be found elsewhere. In seeking to identify the appropriate sources of international law to be applied by the Permanent Court of International Justice (PCIJ), the drafters of the 1920 PCIJ Statute identified the following sources: (1) treaties; (2) international custom; (3) general principles of law; and (4) on a subsidiary basis, judicial decisions and the teachings of scholars.
- Treaty law and customary international law can and do exist side-by-side. An important dynamic within international law is the manner in which treaties shape and develop customary international law.
- Unfortunately, there is no single place to look for the rules on formation of customary international law; there is no “Vienna Convention on Customary International Law.” Even so, a useful analysis in this regard is the International Law Commission’s “conclusions” with commentary on the “identification of customary international law,” which were finalized in 2018. Central to that analysis is that customary international law exists whenever two key requirements are met: (1) a general practice among states regarding a particular matter; and (2) a belief among states that such practice is legally compelled. , the relationship of treaties and custom, and certain criticisms of customary international law.
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Chapter 7 Foreign Relations Law of the United States 148 results (showing 5 best matches)
- The inter-relationship of international law and national law is important for the functioning of international law. The ways that states operate internally have enormous consequences for how international law is created, interpreted, and enforced. To understand any given state’s relationship to international law, it is important first to analyze the constitutional structure of the state, to see how powers relating to foreign affairs are distributed within the state, both horizontally ( , between the central government and lower levels of government). Further, the state’s constitution, statutes, and case law will reveal much about whether the state readily incorporates international law as a part of its law or whether there are impediments to such incorporation. Such law is referred to as foreign relations law.
- International law has been a part of U.S. law since the founding of the nation. Although there are important issues about how international law operates within the U.S. legal system—and the relative hierarchy between it and other sources of U.S. law—U.S. courts at both the state and federal level have drawn upon international law since 1776, just as the courts of England did prior to U.S. independence. In the first great treatise on U.S. law, Chancellor James Kent stated that the “faithful observance” of the law of nations “is essential to national character, and to the This section considers the manner in which international law is regarded as a part of U.S. law.
- Congress’ ability to adopt statutes relating to international law, however, is not limited to just exercise of the “offenses” clause. Rather, Congress’ broad powers, including under the commerce clause and the “necessary and proper” clause, enable it to adopt a wide range of statutes that exercise U.S. rights and implement U.S. obligations under international law. While any given statute might explicitly reference international law, such statutes are often silent in that regard, such that the connection to international law may not be apparent.
- the president himself incorporated the limitations of international law into his orders. Acts in violation of those rules were therefore did not maintain that international law was a part of U.S. law only because of the president’s proclamations.) Second, they emphasize the second sentence of the language quoted above, which says that international law only applies “where there is no treaty, and no controlling executive or legislative act or judicial decision.” As such, a “controlling executive act” prevails over international law. For example, in a large number of Cubans came to the United States, but the United States did not want to admit them and could not deport them elsewhere. Consequently, the U.S. attorney general ordered that they be held in detention for several months. The Cubans filed suit charging that their prolonged detention was arbitrary and thus a violation of international law. The Eleventh Circuit Court of Appeals agreed that the detention violated international
- Many countries provide in their constitutions that customary international law is incorporated in their national law. For example, the Constitution of South Africa provides that “customary international law is law in the Republic unless it is inconsistent with the Constitution or an Act of Parliament.”
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Chapter 14 Use of Armed Force and Arms Control 138 results (showing 5 best matches)
- Customary International Law
- Threats of Armed Force and Contemporary International Law
- The prior section dealt with whether a state may resort to the use of force. This section is concerned with the law applicable after the fighting begins. This law sometimes is referred to as the (law in war) or as “international humanitarian law.” Whatever its nomenclature, such law can be divided into two general areas: of warfare (referred to as “Hague law”); and of warfare (referred to as “Geneva law”). Both bodies of law have witnessed widespread adherence by states, as reflected in the ratification of treaty instruments and the absorption although actual warfare deviates from the rules to greater and lesser degrees. While such law dominates in a situation of armed conflict, other sources of law, such as human rights and international environmental law, may remain relevant as well.
- 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 Concept of Non-International Armed Conflict in International Humanitarian Law
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Chapter 4 International Dispute Resolution 158 results (showing 5 best matches)
- . States are constantly engaged in a process of interpreting their rights and obligations under international law, whether the matter relates to trade law, extradition, protection of intellectual property, or one of the many other subjects of international law. For most governments, this task falls to members of the legal office of the foreign ministry or other ministries with transnational responsibilities. International organizations and other non-state actors are also engaged in interpreting rights and obligations under international law.
- To the extent that national law allows local courts to use international law as a source of law, those courts can be very important in implementing, refining, and developing international law. As well-functioning juridical bodies, national courts have proven important in adjudicating the meaning of ambiguous treaty language or of customary rules.
- Just as there is no global legislature to create international law, there is no global court with all-embracing jurisdiction to interpret vague or ambiguous rules of international law, or to resolve disputes among international actors. Nevertheless, international dispute resolution occurs all the time, in various ways and before various fora. Though these processes are not centralized, they are fairly robust and often effective. Many treaty regimes require states to follow one or more of these processes when there is a disagreement arising under the treaty. In particular, international law seeks to channel frictions between states into mechanisms for pacific resolution as a means of avoiding armed conflict. Chapter VI of the U.N. Charter provides:
- National courts may be authorized by their states to use international law as a source of law in their decision-making. As case asserted that “[i]nternational law is part of our law, and must be ascertained and administered by the courts of justice of appropriate jurisdiction, as often as questions of right depending upon it are duly presented for their determination.” Such statements typically do not mean that international law is supreme over all national law; rather, international law serves as one source of law among many competing sources, with hierarchies that differ depending on the peculiarities of each nation’s constitutional structure.
- It should be noted that two non-state actors from different countries can agree to arbitration and select international law as their choice of law. While this form of arbitration might be regarded as “international” in nature, it is more exposed to challenges under the national law of the country where the arbitration takes place than is the case for arbitration involving states. Nevertheless, such “transnational” arbitration occurs with great regularity at or under the auspices of several institutions worldwide, such as: the International Chamber of Commerce (ICC)’s International Court of Arbitration in Paris; the Arbitration Institute of the Stockholm Chamber of Commerce; the London Court of International Arbitration; the American Arbitration Association in New York; the Inter-American Commercial Arbitration Commission (IACAC); or the Chinese International Economic and Trade Arbitration Commission (CIETAC). Each of these institutions has developed its own set of arbitration rules
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Chapter 12 International Environmental Law 86 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.
- Since the Rio Conference, other fields of international law—such as trade, human rights, and armed conflict—have become increasingly responsive to international environmental concerns. In an advisory opinion by 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
- 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 governments and to negotiations of international instruments. Indeed, such organizations often participate in multilateral negotiating conferences as observers, which allows them
- The Stockholm Declaration called upon states to “ensure that international organizations play a co-ordinated, efficient and dynamic role for the protection and improvement of the environment.” International organizations are quite important to all fields of international law, but they are especially significant in this field 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 ambiguities in the rules and standards, and for adapting the rules to rapidly-changing conditions; (4) they provide a means for monitoring state adherence 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 rules and standards. ...most important international environmental institutions focused...
- Where national environmental laws are applied to conduct that occurs extraterritorially, an issue arises regarding the propriety (under international law) of a state unilaterally using its law to control or influence activities occurring outside its borders. International law recognizes the ability of a state to prescribe legislation on certain bases, such as regulation of the conduct of the state’s own nationals even when they are abroad. National laws used to protect or preserve the foreign environment, however, do not fall neatly within such bases of jurisdiction. Even if they did, the national laws must be reasonable, taking into account such factors as the extent to which another state has an interest in regulating the affected activity.
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Title Page 2 results
Preface 4 results
- This book is about such transnational rules. It explores the basic foundations of international law: its nature, history, and theoretical underpinnings, and the players that make it all happen (states, international organizations, and others). The manner in which international law is created, interpreted, and enforced is addressed, as well as mechanisms for dispute resolution. Several chapters are devoted to discrete subject matter areas, such as human rights, environment, international crimes, and the law of war. Further, the inter-relationship of international law with national law is explored, with a particular focus on U.S. foreign relations law.
- The objective of this book is not to provide a comprehensive account of these areas, for doing so would require several volumes and even then would be incomplete. Rather, this book seeks to illuminate the central principles that animate the field and to convey basic information of use to students and practitioners alike, with appropriate citations for those interested in further study. To “bring the material alive,” relevant and contemporary incidents involving international law are noted throughout. While traditional international law is central to this book, new developments in transnational cooperation are also addressed, such as the adoption of major multilateral treaties, the launching of new international organizations or tribunals, and the tremendous influence of non-governmental organizations. New developments, of course, include trends that challenge international rules and institutions such as, in recent years, greater resistance to trade agreements, efforts to curtail the...
- International law is continually transforming the world in which we live. So many of the daily transactions in which we or our society are engaged occur in an environment of transnational rules—such as when we make a transatlantic telephone call, fly to Mexico, export computers to Brazil, watch an Australian-made movie, eat Belgian chocolate confident that it is unadulterated, send troops to Afghanistan or Iraq, call for the prosecution of war criminals in The Hague, pursue extradition of a suspected murderer who has fled abroad, condemn crimes against humanity in North Korea, organize global reductions in greenhouse gases, or extract natural gas for our homes from an undersea continental shelf.
- I wish to express my profound appreciation to Judge Thomas Buergenthal, since our prior collaborations helped inspire this volume. My thanks to Sophia Arrighi, José E. Arvelo-Vélez, Marta Bylica, Joseph Clark, Allison Hellreich, Tara Ippoliti, Jered Matthysse, Elle Ross, and Herb Somers for their outstanding research assistance on this project, for comments received from other professors and practitioners in the field, and for the support of Dean Blake Morant, as well as my other colleagues, at George Washington University Law School.
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Chapter 8 Exercise of National Jurisdiction 91 results (showing 5 best matches)
- Even if international law permits the exercise of prescriptive jurisdiction over particular persons, conduct or property, it remains wholly within the discretion of the state whether in fact to prescribe its national law to the full extent permitted. Thus, it is important not to equate automatically the permissibility under international law of the exercise of national jurisdiction to prescribe with the actual prescription of laws at the national level.
- asserts that, under international law, a state is subject to limitations on its “jurisdiction to adjudicate, , the authority of a state to apply law to persons or things, in particular through the processes of its courts or administrative tribunals.” For example, international law on immunities (see Chapter 9) precludes a state from exercising jurisdiction over foreign sovereigns, international organizations, and foreign officials under some circumstances.
- Although lower courts held that the act of state doctrine did not apply because the taking violated international law, the Supreme Court stated that the adjudication of this claim risked serious embarrassment to the executive branch because the international law concerning compensation for expropriation was unclear. Justice Harlan summarized the holding as follows:
- Declining Jurisdiction in Private International Law: Reports to the XIVth Congress of the International Academy of Comparative Law
- In 2004, Clark pled guilty to the charges, but reserved the right to challenge the legality of the statute. Clark then challenged the statute on the grounds that it was not a proper exercise of extraterritorial jurisdiction and that the statute was unreasonable under international law. In rejecting the first of these grounds, the district court found that application of the statute extraterritorially could be based on nationality jurisdiction or, alternatively, on universal jurisdiction since “the sexual abuse of children criminalized by this statute is universally condemned.” In rejecting the second ground, the court accepted that “[e]ven if principles of international law serve as bases for extraterritorial application of a law, international law also requires that such application of the law be reasonable.”
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Chapter 6 Rules on State Responsibility 63 results (showing 5 best matches)
- In international law, the term “reprisal” was historically used to refer to any deliberate violation of international law by one state in response to another state’s antecedent violation. Under contemporary international law, a forcible reprisal must conform with the rules on the use of force set forth in the U.N. Charter, Chapter 14(A), while a non-forcible reprisal is addressed through rules on counter-measures. The term “reprisal” in contemporary law continues to be used to characterize certain actions taken by a belligerent during an international armed conflict in response to a wrongful act by an enemy belligerent, such as attacking the enemy’s civilians in response to its indiscriminate attacks. Chapter 14(B). The term “retorsion” is used to describe a responsive action taken by a state that is unfriendly, but that is not contrary to the international obligations of that state, such as the severing of diplomatic relations.
- “[t]he rule that local remedies must be exhausted before international proceedings may be instituted is a well-established rule of customary international law; the rule has been generally observed in cases in which a State has adopted the cause of its national whose rights are claimed to have been disregarded in another State in violation of international law. Before resort may be had to an international court in such a situation, it has been considered necessary that the State where the violation occurred should have an opportunity to redress it by its own means, within the framework of its own domestic legal system.”
- Elena Katselli Proukaki, The Problem of Enforcement in International Law: Countermeasures, the Non-Injured State and the Idea of International Community (2010).
- (b) fundamental human rights law; (c) prohibitions on belligerent reprisal; (d) peremptory norms of international law ( ); or (e) diplomatic or consular law;
- compliance by states with international obligations, and the significance of “self-help” by states through the imposition of unilateral sanctions to coerce compliance with international law, since there is no centralized “international policeman.” At the same time, it should be clear that the free-wheeling use of unilateral sanctions, which might also have effects on third-party states, would be detrimental to the stability of the international legal system.
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Chapter 13 International Criminal Law 136 results (showing 5 best matches)
- The subject matter areas discussed in the prior section principally involve cooperation among states with respect to the prosecution of national crimes. To the extent that such crimes are regarded as a part of international law ( , the crime of terrorism), it might be said that the crime originated in a national context and transitioned into international law. There are, however, certain crimes that arise as a matter of international law through conventions and customary rules, which then (at least in some instances) become crimes prosecuted under national law. Such crimes (crime of aggression, war crimes, crimes against humanity, and genocide) are being actively pursued before international criminal tribunals and hybrid courts operating within national legal systems. This section discusses the general and specific elements of these international crimes.
- international criminal tribunals, special courts of a quasi-international character, and, perhaps most significantly, a permanent International Criminal Court (ICC). Such tribunals are important for promoting deterrence of and retribution for atrocities, but also (through case law) for clarifying and developing principles of international criminal law.
- Chapter 8 discussed the bases of national jurisdiction (including criminal jurisdiction) viewed as permissible under international law, while Chapter 9 noted certain immunities that officials of states and international organizations have from national jurisdiction. This chapter explores other important aspects of contemporary international criminal law. First, in pursuing enforcement of national criminal law, states have found it useful to conclude treaties providing for cooperation on information-sharing, evidence-gathering, and extradition. Second, special treaties have developed that augment national law enforcement efforts in important subject matter areas that have an inescapable transnational dimension, such as terrorism, narcotics, corruption, and cyber-crime. Third, states have developed treaties that impose criminal liability on individuals for large-scale atrocities committed in times of war and peace, such as the crime of genocide. Finally, as a means of prosecuting...
- The International Criminal Court and the Transformation of International Law: Justice for the New Millennium
- In 1946, the U.N. General Assembly affirmed the principles of law set forth in the IMT Charter. Yet further efforts to define “aggression” proved problematic. Any definition was invariably linked to the right of states to use force in international relations under Article 2(4) of the U.N. Charter and, while blatant examples of aggression could be readily agreed upon, more nuanced uses of force were politically controversial. The major powers generally sought wide latitude in their ability to conduct foreign relations and expressed concern that the Security Council should also have latitude to preserve international peace and security. In 1974, the General Assembly adopted a resolution defining aggression, which has served as a reference point for cases addressing the use of force in international law. However, the resolution has been challenged as not reflecting customary international criminal law and is not viewed as comprehensive in scope.
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Chapter 11 Law of the Sea 97 results (showing 5 best matches)
- Gudmundur Eiriksson, The International Tribunal for the Law of the
- International Law Association, Committee on Baselines under the International Law of the Sea,
- David Joseph Attard, The Exclusive Economic Zone in International Law (1987); Francisco Orrego Vicuña, The Exclusive Economic Zone: Regime and Legal Nature Under International Law (1989)
- There is no general right under international law for foreign vessels to enter a state’s internal waters. At the same time, a state’s international ports are presumed to be open to international non-military vessels, subject to any technical conditions for entry set by the state ( , being escorted by a harbor pilot). Further, customary international law and various treaties (such as treaties of friendship, commerce, and navigation) contemplate a right of entry to a port when a vessel is in distress.
- 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.
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Chapter 9 Immunity from National Jurisdiction 79 results (showing 5 best matches)
- Given that the convention has enjoyed limited adherence, an important question is the status of “special missions” immunity under customary international law. When drafting the convention, the International Law Commission expressed the view that it was codifying rules of customary international law.
- , the Court found that Italy violated international law by allowing civil claims to be brought in its courts against Germany for war crimes committed during World War II by German forces against Italian nationals in Italy and elsewhere. Among other things, the Court found that customary international law had not developed to the point where a state loses its immunity before foreign courts in respect of action by its armed forces taken in the course of an armed conflict, even if that action causes death, personal injury, or damage to property on the territory of the forum state. Further, the Court concluded “that, under customary international law as it presently stands, a State is not deprived of immunity by reason of the fact that it is accused of serious violations of international human rights law or the international law of armed conflict.”
- The Immunities of States and their Officials in International Criminal Law and International Human Rights Law
- Fourth, there exist national laws implementing privileges and immunities of the United Nations and U.N. specialized agencies. For example, in the United States the International Organizations Immunities Act (IOIA), enacted in 1945, permits the president to designate an entity as an “international organization” by executive order. Once so designated, the international organization is accorded various rights, such as the right to contract and acquire property under U.S. law. Further, the statute states that the international organization (and its property and assets) enjoy the same immunity from suit as enjoyed by foreign governments, making relevant the rules established by the Foreign Sovereign Immunities Act. The IOIA also contains provisions directed at the personnel of (or representatives to) the international organization, such as concerning entry to the United States and immunity from suit for official acts. The U.S. Diplomatic Relations Act ...international organizations and...
- Enforcement of an owner’s common law right to obtain possession of its premises upon the tenant’s non-payment of rent may not override an established rule of international law. Nor under the guise of local concepts of fairness may a court upset international treaty provisions to which the United States is a party. The reason for this is not a blind adherence to a rule of law in an international treaty,
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Chapter 10 Human Rights 129 results (showing 5 best matches)
- Although it is common to note that traditional international law was concerned only with relations among states, in fact it has always been concerned with protecting persons. From its earliest origins, an important component of international law has been the protection of diplomats and envoys sent from one state to another, and the protection of combatants and non-combatants from the excesses of warfare. Further, international law has always addressed the treatment by one state of another’s nationals, an area known as “state responsibility for injury to aliens.” of the foreigner’s nationality, not obligations owed directly to the foreigner. Hence, the person had no standing to complain of wrongful conduct under international law.
- International Law in the Age of Human Rights: General Course on Public International Law
- Patrick Dumberry, The Formation and Identification of Rules of Customary International Law in International Investment Law
- [T]he propriety of governmental acts should be put to the test of international standards, and . . . the treatment of an alien, in order to constitute an international delinquency, should amount to an outrage, to bad faith, to wilful neglect of duty, or to an insufficiency of governmental action so far short of international standards that every reasonable and impartial man would readily recognize its insufficiency. Whether the insufficiency proceeds from deficient execution of an intelligent law or from the fact that the laws of the country do not empower the authorities to measure up to international standards is immaterial.
- Under both international and national law, states have extensive authority regarding whether aliens may enter and remain within their territory. As such, questions concerning acquisition of nationality, immigration, asylum, and refugees are largely handled by each state’s national laws. Nevertheless, with the rise of human rights law and (to a certain extent) trade and investment law, international treaties and customary rules have helped shape national laws and policies, and are often invoked by persons in national courts.
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Table of Contents 61 results (showing 5 best matches)
List of Abbreviations 63 results (showing 5 best matches)
Summary of Contents 31 results (showing 5 best matches)
Subject Index 54 results (showing 5 best matches)
List of Graphics 4 results
Cases Index 4 results
- Democratic Alliance v. Minister of International Relations and Cooperation, 560
- International Convention on the Elimination of All Forms of Racial Discrimination (Georgia v. Russia), Application of the, 162, 166
- International Insurance Co. v. Caja Nacional de Ahorro y Seguro, 374
- International Shoe Co. v. Washington, 335
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Treaties Index 6 results (showing 5 best matches)
- Suppression of Unlawful Acts Relating to International Civil Aviation, 535
- Corruption, Council of Europe Criminal Law Convention on, 538
- Law of the Sea Convention, 54, 145–46, 148, 190–91, 449–85, 492
- Law of the Sea Convention Agreement Implementing Part XI, 450
- Vienna Convention on the Law of Treaties, 12–13, 82, 84, 86–87, 92, 94, 96–101, 106, 110, 111
- Open Chapter
West Academic Publishing’s Law School Advisory Board 10 results (showing 5 best matches)
- Distinguished University Professor, Frank R. Strong Chair in LawMichael E. Moritz College of Law, The Ohio State University
- 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
- Professor of Law Emeritus, Pepperdine University Professor of Law Emeritus, University of California, Los Angeles
- Open Chapter
- Publication Date: August 20th, 2018
- ISBN: 9781683286776
- Subject: International-Public
- Series: Concise Hornbook Series
- Type: Hornbook Treatises
- Description: This fully-updated third edition provides a comprehensive survey of public international law, with useful references throughout to current events, classic and contemporary cases and scholarship. It is designed as a stand-alone text or as a complement to all the major casebooks on the topic. The first part of the book addresses how international law is created, interpreted and enforced; the second part focuses on the interface of international law and national law; and the final part covers key subject matter areas: human rights, injury to aliens, the law of the sea, international environmental law, international criminal law, and the use of force.
