International Law and the Role of Domestic Legal Systems.
Saved in:
: | |
---|---|
Place / Publishing House: | Boston : : BRILL,, 1993. ©1993. |
Year of Publication: | 1993 |
Edition: | 1st ed. |
Language: | English |
Physical Description: | 1 online resource (229 pages) |
Tags: |
Add Tag
No Tags, Be the first to tag this record!
|
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.