Principles of International Law
Author:
Murphy, Sean D.
Edition:
4th
Copyright Date:
2025
29 chapters
have results for international law
Chapter 15. International Legal Research 113 results (showing 5 best matches)
- In addition to international law casebooks of a general type, more specialized casebooks are 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 E.U. law.
- . The American Society of International Law internet site provides links to publications and activities of the American Society of International Law, as well as “Insights” and “International Law in Brief” papers on topics of current interest, plus a podcast series “International Law Behind the Headlines.”
- 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
- Ways and Means for Making the Evidence of Customary International Law More Readily Available
- For research involving contemporary international law issues, it is imperative to check the periodical literature on the subject. In the United States, there are some seventy student-edited and about seventeen peer-edited journals focusing on international or comparative law. Further, articles dealing with international topics appear not only in specialized international law journals, but also in general law reviews. Articles published in U.S., U.K., and some Commonwealth law journals are indexed in the
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Chapter 1. Foundations of International Law 162 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 or is not 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 consequently 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 therefore 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; international
- 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).
- Moshe Hirsch, Invitation to the Sociology of International Law
- 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.
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Chapter 3. International Law Creation 206 results (showing 5 best matches)
- Some of the uncertainty as to the existence of general principles of law arising within the international legal system is due to the blurring of lines between this source of international law and the other principal sources: treaties and customary international law. Many of the general principles of law asserted to have arisen within the international legal system actually may be found in treaties—such as the U.N. Charter or those addressing protections for foreigners, human rights, and international environmental law—making it difficult to disentangle this source from treaty law. Similarly, many of the general principles of law asserted to have arisen within the international legal system are regarded as part of customary international law (based on state practice and
- 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.
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Chapter 5. International Law Compliance and Coercion 93 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 treaty negotiations in a direction that requires little or no alterations to existing U.S. law.
- If existing national law does not already support adherence, then some states have a national legal system that automatically receives the rule of international law (a “monist” approach). For states whose national legal system does not automatically receive the rule of international law (a “dualist” approach), then implementing legislation or regulations may be necessary and, if so, are usually adopted prior to the entry into force of the international obligation for that state. Once the rule of international law becomes operative in national law, national courts may become available for enforcement, including through actions filed by individuals. Further, by constitution, statute, or judicial doctrine, states usually interpret national laws so as to be consistent with existing international obligations. The overall effect is for the international obligation to become embedded in the national legal system, thereby allowing 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.”
- Similarly, if State A is tempted to prosecute an ambassador of State B for alleged spying (which State A is not allowed to do under international immunities law), State A would need to worry that State B might respond by prosecuting State A’s ambassador on a similar charge, feigned or real. As such, State A would not deviate from international law, although it might demand that State B’s ambassador be recalled home (which international law permits).
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Chapter 2. Actors of International Law 130 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.
- The Concept of International Legal Personality: An Inquiry Into the History and Theory of International Law
- S. James Anaya, Indigenous Peoples in International Law
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Chapter 7. Foreign Relations Law of the United States 164 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 happiness of mankind.” This section considers the manner in which international law is regarded as a part of U.S. law.
- Congress’ power to adopt statutes relating to international law, however, is not limited to 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.
- Alternatively, the person sued can be aiding and abetting a government in the violation of international law. One difficult aspect of ATS claims, however, has been sorting out which aspects are governed by international law, including customary international law, and which aspects are governed by U.S. law. It appears generally accepted that the cause of action arises under international law, while the technical aspects of the filing of a claim remains governed by the federal rules of civil procedure. Yet the line between the two may be obscure, such as whether the contours of accessorial liability ( , aiding and abetting) are to be resolved under international or U.S. law.
- 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 4. International Dispute Resolution 197 results (showing 5 best matches)
- to collect, consolidate, preserve and analyse evidence of violations of international humanitarian law and human rights violations and abuses and to prepare files in order to facilitate and expedite fair and independent criminal proceedings, in accordance with international law standards, in national, regional or international courts or tribunals that have or may in the future have jurisdiction over these crimes, in accordance with international law.
- . 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 to be 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 discussed in Chapter 7(C), the U.S. Supreme Court in 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.
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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 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.
- , Open-Ended Working Group on Developments in the Field of Telecommunications in the Context of International Security, Final Substantive Report, U.N. Doc. A/AC.290/2021/CRP.2 (Mar. 10, 2021) (finding that international law, including the U.N. Charter, applies to conduct occurring by means of cyberspace); Report of the Group of Governmental Experts on Advancing Responsible State Behaviour in Cyberspace in the Context of International Security, U.N. Doc. A/76/175 (July 14, 2021) (finding that international humanitarian law applies to cyber operations during an armed conflict).
- 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 outbreak of an armed conflict, (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 treaties and the absorption of their rules into national military manuals or instructions, 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.
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Chapter 12. International Environmental Law 101 results (showing 5 best matches)
- Daniel Bodansky et al., International Climate Change Law
- International environmental law is a relatively recent branch of international law concerned with the preservation and enhancement of the transnational and global environment. To address international environmental problems, such as ozone depletion, climate change, loss of biological diversity, and cross-border pollution 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.
- Enforcement of International Environmental Law: Challenges and Responses at the International Level
- 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. advisory opinion by the International Court of Justice (ICJ) 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 to speak on issues under negotiation. The World Wildlife Fund (WWF) is an excellent example of such an organization.
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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, the seas, environment, international crimes, use of military force, 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 practitioners and students 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 recent adoption of major multilateral treaties, the launching of new international organizations or tribunals, and the increasing influence of non-governmental organizations. New developments, of course, include trends that challenge traditional international rules and institutions such as, in recent years, greater resistance to trade agreements,...
- I wish to note with sadness the passing of Judge Thomas Buergenthal, a giant in the field of international law who will be dearly missed; our prior collaborations helped inspire this volume. My thanks to Josh Metzger, Sofia Polishchuk, Siera Skendo, Traci Emerson Spackey, and Jillian Timko for their outstanding research assistance on this project, for comments received from other professors, students, and practitioners in the field, and for the support of Dean Dayna Matthew, as well as my other colleagues at George Washington University Law School.
- 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, impose economic sanctions on Myanmar, 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.
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Chapter 8. Exercise of National Jurisdiction 93 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.
- We ultimately conclude that Chinese law required Defendants-Appellants to engage in price-fixing of Vitamin C sold on the international market. Defendants-Appellants thus could not comply with both Chinese law and U.S. antitrust law. In light of this true conflict, we apply the remaining principles of international comity to balance the United States’ interest in the enforcement of its antitrust laws abroad against the international comity concerns implicated when those laws conflict with the laws of China. We conclude that principles of international comity required the district court to dismiss this action.
- 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, U.S. 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. In short, do not confuse the existence in international law of the five permissible bases of national jurisdiction as ...by a particular state over particular persons, conduct, or property abroad; reference must be made to national law to determine whether the state has actually exercised the discretion permitted...
- 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:
- This chapter deals with the right of a state under international law to exercise national jurisdiction over persons, conduct, or property outside its territory. Its principal focus is the relevant practice of the United States, but similar approaches to jurisdiction may be found in other states. Section A considers presumptions existing under U.S. law regarding whether U.S. laws apply extraterritorially. If a U.S. law does apply extraterritorially, Section B examines whether such “prescription” of U.S. law is viewed as permissible under international law. Section C discusses whether, consistent with international law, jurisdiction can be applied extraterritorially not just through prescription of law, but also through its adjudication and enforcement. Finally, Section D explains the “act of state doctrine,” under which courts generally refrain from passing upon the validity of a foreign government’s official acts taken within its territory.
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Chapter 13. International Criminal Law 147 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, the permanent 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 cybercrime. 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...
- American Society of International Law Task Force Report, Policy Options for U.S. Engagement with the International Criminal Court (2021),
- 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 126 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)
- ., art. 76(5). On whether such rules are now customary international law, see Kevin Baumert,
- Otherwise, however, 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.
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Chapter 9. Immunity from National Jurisdiction 104 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 U.N. International Law Commission (ILC) expressed the view that it was codifying rules of customary international law.
- , the ICJ 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
- 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, uncaring of justice at home, but that by upsetting existing treaty relationships American diplomats abroad may well be denied lawful protection of their lives and property to which they would otherwise be entitled.
- The law in this field, however, is uneven. 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, but that 1975 convention is still not in force. While several states supported the convention, many states that are hosts of international organizations abstained on the vote that adopted the convention, believing that it would not adequately protect their interests. The convention may reflect customary international law since it is based upon the widely accepted VCDR,
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Chapter 10. Human Rights 135 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, as well as the protection of combatants and non-combatants from the excesses of warfare. Further, international law has always addressed the treatment by a state of noncitizens, an area sometimes referred to as state responsibility for “injury to aliens.” of the noncitizen’s nationality, not obligations owed directly to the noncitizen. Hence, the person had no standing to complain of wrongful conduct under 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 noncitizens 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.
- The Council of Europe has also established an expert Committee of Legal Advisers on Public International Law (CAHDI) for the purpose of contributing to the Council’s objectives. CAHDI, which consists of legal advisers to the foreign ministries of the member states, as well as of eight observer states (including the United States), meets twice per year to exchange views and to adopt common positions on issues of international law. CAHDI also maintains databases containing information on the laws, practices, and case law of the participating states.
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Subject Index 56 results (showing 5 best matches)
Chapter 6. Rules on State Responsibility 68 results (showing 5 best matches)
- The 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.
- 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). By contrast, a non-forcible reprisal is addressed through rules on countermeasures. Notably, 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.
- (b) fundamental human rights law; (c) prohibitions on belligerent reprisal; (d) peremptory norms of international law ( ); or (e) diplomatic or consular law;
- Elena Katselli Proukaki, The Problem of Enforcement in International Law: Countermeasures, the Non-Injured State and the Idea of International Community
- 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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Table of Contents 64 results (showing 5 best matches)
List of Abbreviations 63 results (showing 5 best matches)
Summary of Contents 31 results (showing 5 best matches)
Title Page 2 results
List of Graphics 4 results
Cases Index 9 results (showing 5 best matches)
- Alleged Breaches of Certain International Obligations in respect of the Occupied Palestinian Territory (Nicar. v. Ger.), 183, 449
- Appeal relating to the Jurisdiction of the ICAO Council under Article 84 of the Convention on International Civil Aviation (Bahr., Egypt,
- Appeal relating to the Jurisdiction of the ICAO Council under Article II, Section 2, of the 1944 International Air Services Transit Agreement (Bahr., Egypt & U.A.E. v. Qatar), 195
- Democratic Alliance v. Minister of International Relations and Cooperation, 613
- International Convention on the Elimination of All Forms of Racial Discrimination, Application of the (Geor. v. Russia), 154, 183
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Treaties Index 6 results (showing 5 best matches)
- Suppression of Unlawful Acts Relating to International Civil Aviation, 583
- Corruption, Council of Europe Criminal Law Convention on, 586
- Law of the Sea Convention, 58, 143, 159–60, 162–63, 213–14, 491–517, 519–20, 522–23, 526–33, 538, 548, 550, 564–65
- Law of the Sea Convention Agreement Implementing Part XI, 492, 512–13
- Vienna Convention on the Law of Treaties, 12–13, 90–96, 98–100, 102, 105–10, 115, 119–20
- Open Chapter
West Academic Publishing’s Emeritus Advisory Board 15 results (showing 5 best matches)
- Professor of Law Emeritus, Pepperdine University Professor of Law Emeritus, University of California, Los Angeles
- Arthur J. Kania Dean and Professor of LawVillanova University Charles Widger School of Law
- Alumnae College Professor of LawAssistant Dean for Strategic Opportunities, Pedagogy, and Faculty, Student, and Community Engagement, University of Houston Law Center
- Dean & Professor of LawUniversity of Maryland Carey School of Law
- Professor of Law, University of Houston Law Center
- Open Chapter
- Publication Date: December 23rd, 2024
- ISBN: 9781636591179
- Subject: International-Public
- Series: Concise Hornbook Series
- Type: Hornbook Treatises
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Description:
This fully updated fourth 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, with an emphasis on U.S. law; and the final part covers key subject matter areas: human rights, injury to foreigners, the law of the sea, international environmental law, international criminal law, the use of force, and arms control.
