Unity and pluralism in public international law / / Oriol Casanovas.
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Superior document: | Developments in International Law ; 39 |
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VerfasserIn: | |
Place / Publishing House: | The Hague, The Netherlands ;, New York ;, London : : Nijhoff Publishers,, [2001] ©2001 |
Year of Publication: | 2001 |
Language: | English Spanish |
Series: | Developments in International Law ;
39. |
Physical Description: | 1 online resource. |
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Table of Contents:
- Intro
- Title Page
- Copyright Page
- TABLE OF CONTENTS
- ABBREVIATIONS
- INTRODUCTORY NOTE
- PART 1 THE LEGAL STRUCTURE OF PUBLIC INTERNATIONAL LAW
- I PUBLIC INTERNATIONAL LAW AS A LEGAL SYSTEM
- 1 Introduction: the origins of Public International Law
- 2 The debate concerning the legal character of Public International Law
- a) The doctrine of normativism
- b) The sociological approach
- c) Other positions
- 3 Law as a complex system of rules
- a) The regulation of conflicts of interests
- b) "Primary" and "secondary" rules
- c) Legal rules, rules of morality, social usages and rules of games
- 4 Theoretical approaches and paradigms
- a) Voluntarism
- b) Objectivism
- c) The critical approach
- II UNIVERSALITY AND PARTICULARISM IN INTERNATIONAL CUSTOM
- 1 The significance of international custom
- 2 Doctrinal conceptions
- a) Voluntarist perspective
- b) Normativist approach
- 3 The material element: universality and generality of practice
- a) Regional custom and bilateral or local custom
- b) The perspective of opposability
- c) The problem of the persistent objector
- 4 The unity of the system and the surmounting of pluralism
- 5 Multilateral conventions and resolutions of intergovernmental organisations: the codification of international custom
- 6 Social change and legal change
- 7 The spriritual element
- a) Difficulty of proof
- b) The paradox of the initial act
- c) The need of proof of the opinio iuris
- 8 Other approaches relating to international custom
- a) The nature of the rule relative to custom as a rule of recognition
- b) The Critical Legal Studies' perspective of international custom
- III INTERNATIONAL TREATIES AND MATERIAL INTERNATIONAL REGIMES
- 1 International treaties as a "source": annalytical approaches
- 2 The notion of the international treaty.
- 3 Particular International Law and "material international regimes
- 4 Typology proposal of material international regimes
- 5 The unity of the international legal system and rule subsystems
- 6 Conflicts between treaties
- 7 International treaties and ius cogens rules
- IV THE OPEN STRUCTURE OF PuBLIC INTERNATIONAL LAW
- 1 Characteristics of international obligations
- a) Non requirement
- b) Behavioural obligations and obligations of outcome
- c) "Soft Law" and non-legal obligations
- d) Rules and standards
- 2 The interpretation of international rules
- a) Interpretation moments and interpretation patterns
- b) Interpretation and judicial decisions
- 3 Lacunae in Public International Law
- a) Types of Lacunae
- b) Ways to prevent lacunae
- c) Lacunae and judicial decision
- 4 The general principles of Law
- a) The nature of the rule relative to the general principles of Law
- b) Principles of Law and legal principles
- c) General principles of Law and a new Law of Peoples
- PART 2 THE EVOLVING INTERNATIONAL COMMUNITY
- V STATES AND INTERNATIONAL ORGANIZATIONS
- 1 International personality: approaches
- 2 States as subjects of Public International Law
- 3 State sovereignty and International Law
- 4 The international community
- a) The "realist" denial of the international community
- b) The significance of the international community
- 5 International organizations as subjects of International Law
- 6 Other subjects of International Law
- VI SELF-DETERMINATION OF PEOPLES AND SOCIAL PLURALISM
- 1 The meaning of the right to self-determination of peoples
- 2 The evolution of the principle in the United Nations
- a) Political principle
- b) The colonial peoples right
- c) Human right
- d) Self-determination and secession
- 3 Current problems
- a) Rights of minorities
- b) Rights of indigenous peoples.
- c) The rights of groups
- 4 Self-determination, social and political pluralism
- VII THE HUMAN PERSON IN INTERNATIONAL LAW
- 1 The human person, international personality and the question of the unity of International Law
- 2 International treaties for the protection of human rights and the objective character of their obligations
- 3 The question of the universality of human rights
- 4 The fundamental rules of humanitarian International Law
- 5 The legal dimension of human rights as an international concern
- 6 The international rules of protection of human rights and their legal nature
- a) Customary obligations
- b) "Authorised" interpretation of the Charter
- c) Basis as general principles of Law
- 7 International community and Humanity
- PART 3 THE FUNCTIONS OF PUBLIC INTERNATIONAL LAW
- VIII STATE LEGAL POWERS AND COMMON INTERESTS
- 1 Functions of Public International Law: co-existence and cooperation
- 2 The doctrine of compétences in legal theory and in Public International Law
- 3 Territorial power: title and effectivity
- 4 Maritime frontiers, powers and interests of States
- 5 Common areas and resources
- 6 Common Heritage of Mankind and Globalization
- IX INTERNATIONAL RESPONSABILITY: PLURALITY OF INTERNATIONAL RÉGIMES
- 1 International responsability: doctrinal perspectives
- 2 Codification of the Law of international responsability
- 3 Origin of responsability
- a) Unlawfulness and wrongfulness
- b) Internationally wrongful acts: the question of damage
- c) International crimes or serious breaches of obligations to the international community?
- 4 The notion of injured State
- 5 The consequences of an internationally wrongful act
- 6 Self-contained regimes of responsibility
- 7 The question of international responsibility for ultra-hazardous activities or absolute responsability.
- 8 Crimes against the peace and security of Mankind
- X THE PACIFIC SETTLEMENT OF DISPUTES AND THE MULTIPLICITY OF INTERNATIONAL COURTS
- 1 The principle of pacific settlement of disputes and international adjudication
- 2 The International Court of Justice as a judicial organ with voluntary jurisdiction
- 3 Evolution of the activity of the International Court of Justice
- 4 The distinction between political and legal disputes revisited
- 5 The International Court of Justice and the Security Council resolutions
- 6 The multiplicity of international judicial organs and the question of the unity of the international legal order
- a) The International Center for the Settlement of Investment Disputes (ICSID)
- b) The International Tribunal for the Law of the Sea
- c) The WTO Dispute Settlement Body
- d) The international criminal tribunals
- 7 Other international tribunals in the regional sphere
- a) The European Court of Human Rights
- b) The Court of Justice of the European Communities
- 9 Multiplicity of judicial organs, legal pluralism and the unity of Public International Law
- CONCLUSION
- SELECTED BIBLIOGRAPHY
- TABLE OF CASES
- AUTHOR INDEX
- SUBJECT INDEX.