International Law and the Role of Domestic Legal Systems.

• Author: Conforti, Benedetto.
• Place / Publishing House: Boston : : BRILL,, 1993.; ©1993.
• Year of Publication: 1993
• Edition: 1st ed.
• Language: English
• Physical Description: 1 online resource (229 pages)

Table of Contents

Intro -- Title Page -- Copyright Page -- Dedication -- Table of Contents -- Table of Cases -- Foreword -- Chapter I INTERNATIONAL LAW AND "DOMESTIC LEGAL OPERATORS" -- 1 The Present International Community and its Law -- 2 The "Legal" Aspect of International Law and its Application by "Domestic Legal Operators" -- 3 The "Political-Diplomatic" Aspect of International Law -- 4 Areas of International Law Where the Legal and Political-Diplomatic Aspects Respectively Prevail -- 5 Barriers to a Full Recognition of the Legal Value of International Law -- (i) The "Political Question" Doctrine -- (ii) Judicial Deference Towards the Executive Branch -- (iii) The Act of State Doctrine -- (iv) The Concept of Non-Self-Executing International Law -- (v) The Trend to Deny that Binding Resolutions of International Organisations are Self-Executing -- (vi) Application of the Last in Time Rule (Lex Posterior Principle) to Relations Between International and National Rules -- Chapter II INTERNATIONAL LAW-MAKING -- Content of the Chapter -- Section A Customary Law -- 1 Custom as a Product of the Behaviour of State Organs -- 2 The Nature of Custom and the Effect of Objection to Customary Law -- 3 The Persistent Objector -- 4 A Particular Kind of Custom: General Principles of Law Recognised by Civilised Nations -- 5 Resolutions of International Organisations and the Faster Development of Customary Law -- 6 Customary Law and Codification Conventions -- 7 The "Ageing" of Codification Conventions -- 8 Article 4 of the Vienna Convention on the Law of Treaties -- 9 Equity and the Role of International and Domestic Courts in the Development of Customary Law -- 10 Custom and Legal Scholarship -- Section B Treaties -- 1 Municipal Law and the Conclusion of Treaties -- 2 Domestic Legal Operators and Invalidity and the Termination of Treaties.

3 Domestic Legal Operators and the Interpretation of Treaties -- Section C Law-Making by International Organisations -- 1 Resolutions of Organisations and Soft Law -- 2 The Structure and Democratisation of International Organisations: Organs Made up of States, of Individuals, and of Peoples -- Section D The Hierarchy of International Norms -- 1 General Rule: The "Flexibility" of International Norms -- 2 The Exception: Peremptory Rules of Customary International Law (Jus Cogens) -- 3 A Special Kind of Jus Cogens: Rules on the Invalidity and Termination of Treaties -- Chapter III THE CONTENT OF INTERNATIONAL LAW -- 1 "International" Force and "Internal" Force -- 2 Limitations on International Force -- 3 Limitations on Internal Force -- (i) The Territorial Limitation of State Jurisdiction -- (ii) The "Functional" Limitation of State Jurisdiction -- (iii) The "Personal" Limitation of State Jurisdiction -- 4 Exercise of State Jurisdiction for the Benefit of the International Community as a Whole -- (i) The Principle of the Common Heritage of Mankind -- (ii) The Problem of the Punishment of Offenses Against the Peace and Security of Mankind -- Chapter IV THE VIOLATION OF INTERNATIONAL LAW AND ITS CONSEQUENCES -- 1 The International Responsibility of States: A Problem Still Unresolved -- 2 Fault as a Constitutive Element of Internationally Wrongful Acts and the Essentially Objective Character of International Responsibility -- 3 No-Fault Responsibility and Responsibility in the Absence of Wrongful Acts -- 4 The Consequences of Internationally Wrongful Acts: General Observations -- 5 Self-Help as the Fundamental Consequence of Wrongful Acts Self-Help and the Prohibition of the Use of "International" Force -- 6 The Most Common Form of Self-Help: Reprisals or Counter-Measures -- 7 Retortion -- 8 "Collective" Self-Help: Reaction Against State Crimes.

9 Self-Help and the Constituent Instruments of International Organisations -- 10 Self-Help and Municipal Law -- 11 The Delinquent State's Obligation to Offer Reparation for Damage Caused -- Index.