International Law and the Role of Domestic Legal Systems.

International Law and the Role of Domestic Legal Systems.

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Bibliographic Details
:
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)
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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.

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