Sources of International Law.
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Superior document: | Developments in International Law Series ; v.27 |
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Place / Publishing House: | Boston : : BRILL,, 1997. ©1997. |
Year of Publication: | 1997 |
Edition: | 1st ed. |
Language: | English |
Series: | Developments in International Law Series
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Physical Description: | 1 online resource (582 pages) |
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Table of Contents:
- Intro
- Title Page
- Copyright Page
- Dedication
- ACKNOWLEDGMENTS
- Table of Contents
- CHAPTER I. INTRODUCTION
- 1. Different meanings of the term "sources of law"
- 2. Law-creating processes and law-determining agencies
- CHAPTER II. GENERAL PRINCIPLES OF LAW (A Source of General International Law)
- 3. Various doctrinal views
- A. HISTORICAL EXPLANATION
- 4. Jus gentium in Roman law
- 5. St. Thomas Aquinas on Eternal, Divine, natural and positive law
- 6. Hugo Grotius on the law of nature and voluntary law
- 7. Vattel's views of natural law
- 8. The main features of positivism since 19th century
- 9. General principles of law in early arbitral awards
- 10. General principles of law in the Hague Conventions of 1899 and 1907
- B. GENERAL PRINCIPLES OF LAW AND THE HAGUE COURT
- 11. Travaux préparatoires on Article 38 of the Court's Statute
- 12. A survey of practice of the two Hague Courts
- 13. Meaning of the qualification: "recognized by civilized nations".
- C. THE CONTENT AND SCOPE OF GENERAL PRINCIPLES OF LAW
- 14. General principles as a prerequisite of the existence of a legal order
- 15. State sovereignty v. general principles of law
- 16. The so-called "fundamental principles of international law"
- 17. The rules of legal reasoning and legal principles
- 18. Analogy in international law
- 19. Dynamic elements in general principles of law
- 20. General principles of law and new problems of legal regulations
- APPENDIX
- 21. General principles of law in transnational law
- 22. General principles of law in supranational law
- 23. Summing up
- CHAPTER III. CUSTOMARY INTERNATIONAL LAW
- 24. Common features of custom in international law
- 25. Two elements of customary legal rules
- 26. The first element: practice. Practice by whom?.
- 27. Density, uniformity and consistency of practice
- 28. The element of time
- 29. The quality of practice
- 30. The second element: opinio juris sive necessitatis
- 31. Material sources and documentary evidences of customary law
- 32. Conclusion: custom as a social process
- CHAPTER IV. CUSTOMARY RULES OF GENERAL INTERNATIONAL LAW
- 33. Formation of general customary rules
- 34. Gradual customary process
- 35. Articulated customary process
- 36. Judicial decisions
- 37. Unilateral acts and attitudes of States
- 38. Resolutions of the UN General Assembly
- 39. Codification conventions
- 40. Law declaratory rules
- 41. Law crystallizing rules
- 42. Law generating rules
- 43. Contractual provisions in conventions on codification
- 44. Jus cogens in general customary international law
- 45. Jus dispositivum in general customary law
- 46. Summing up
- CHAPTER V. PARTICULAR CUSTOMARY LEGAL RULES
- 47. The notion of particular custom
- 48. Local custom
- 49. Regional custom
- 50. Special custom within treaty relations
- 51. Conclusion
- CHAPTER VI. UNILATERAL ACT AS A SOURCE OF PARTICULAR INTERNATIONAL LAW
- A. DOCTRINAL CONTROVERSIES ON UNILATERAL ACTS
- 52. Introduction
- 53. Development of basic legal concepts
- 54. Unilateral acts in modern doctrine and practice of international law
- 55. Summing up
- B. THE CAPACITY OF MAKING UNILATERAL ACTS
- 56. States and belligerents
- 57. Special case of acts of international organizations
- C. UNILATERAL ACTS AND TREATIES
- 58. Introduction
- 59. Unilateral acts within the treaty-making and treaty-executing process
- 60. Unilateral acts provided by treaties
- D. VARIOUS CATEGORIES OF UNILATERAL ACTS IN RELATION TO INTERNATIONAL LAW
- 61. Introduction
- 62. Conditions of validity of a unilateral act
- 63. Promise.
- 64. A special case: Optional-clause system under Article 36(2) of the Statute of the Hague Court
- 65. Waiver
- 66. Unilateral acts creating new rights for States
- 67. Occupation of terra nullius
- 68. Prescription and historic titles
- 69. Unilateral acts in the present law of the sea
- CHAPTER VII. OPPOSABLE SITUATIONS IN INTERNATIONAL LAW
- 70. Notion of opposability
- 71. Recognition
- 72. Protest
- 73. Acquiescence
- CHAPTER VIII. TREATY AS A SOURCE OF PARTICULAR INTERNATIONAL LAW
- 74. Preliminaries
- 75. The concept of treaty
- 76. The so-called "political agreements"
- A. PARTIES TO A TREATY
- 77. State
- 78. International organizations
- 79. Internationalized territories
- 80. Belligerents
- 81. Parties to a contract
- B. EFFECTS OF A TREATY
- 82. The principle pacta sunt servanda and its scope of application
- 83. Effects of a treaty upon its parties and their organs
- 84. Effects of a treaty in relations between its parties
- 85. Effects of a treaty upon thirds
- C. TREATY AS A DYNAMIC SOURCE OF INTERNATIONAL LAW
- 86. Conflict of treaties relating to the same subject-matter
- 87. Modification of treaties (peaceful change)
- 88. Suspension of the operation, termination of and withdrawal from a treaty
- 89. Mutuus dissensus
- 90. Termination of a treaty by operation of its own clauses
- 91. Impossibility of performance
- 92. Material breach of a treaty
- D. APPLICATION OF LEGAL RULES ON SOME TYPES OF TREATIES
- 93. On classifications of treaties
- 94. Written and oral agreements
- 95. Bilateral and multilateral treaties
- 96. Traité-contrat and traité-loi
- 97. Treaties constituting international organizations
- 98. The obligation to negotiate (pactum de contrahendo)
- CHAPTER IX. CONCLUSION
- 99. General remarks.
- 100. Relationship between various sources, especially between treaty and custom
- SELECTED BIBLIOGRAPHY
- TABLE OF CASES
- INDEX OF AUTHORS CITED
- SUBJECT INDEX.