INTERNATIONAL LAW IN THEORY AND PRACTICEPDF电子书下载

Chapter Ⅰ. The nature and reality of international law 1

The uses of law and the role of power 5

The dependency of international law on the will of States 9

Notes. Chapter Ⅰ 15

Bibliography. Chapter Ⅰ 16

Chapter Ⅱ. Policies， purposes and rules in a divided world 18

The policy-orientation of the practitioner 18

The proper and improper uses of policy and purpose in the application of international law 23

The shared purposes of States 27

Rules of necessity in a pluralist society 30

Notes. Chapter Ⅱ 32

Bibliography. Chapter Ⅱ 33

Chapter Ⅲ. The quest for objectivity： sources， scholars and judges 34

The doctrine of sources and the inductive science of law 35

The scholarly works of the publicists 38

Judicial decisions as mediating positivism 39

The politics and beliefs of judges 43

Notes. Chapter Ⅲ 46

Bibliography. Chapter Ⅲ 48

Chapter Ⅳ. General principles and equity 49

The broad expanse of general principles of law 50

The diverse manifestations of equity 55

Equitable principles applied to resources and boundaries 58

Notes. Chapter Ⅳ 62

Bibliography. Chapter Ⅳ 64

Chapter Ⅴ. The international lex scripta 66

Codification： scientific and political 66

Law making treaties and international regimes 74

The proliferation of treaties and their significance in changing international society 76

Notes. Chapter Ⅴ 81

Bibliography. Chapter Ⅴ 83

Chapter Ⅵ. Resolutions and political texts 84

Resolutions of the United Nations General Assembly as evidence of law 85

The effect of majority solutions for non-concurring States 90

The political texts： agreements and declarations of a non-legal character 94

Legal implications of the purely political “non-legal” instruments 99

Notes. Chapter Ⅵ 101

Bibliography. Chapter Ⅵ 104

Chapter Ⅶ. The prohibition of force 106

The United Nations context 107

The meaning of Article 2（4） 110

Consent to armed intervention 114

Territorial claims 116

The use of force for human rights 117

Self-determination and national liberation 119

Overthrow of repressive regimes 120

Protection of life 123

The use of force to safeguard legal rights 126

Has Article 2（4） lost its legal force？ 129

Notes. Chapter Ⅶ 131

Bibliography. Chapter Ⅶ 133

Chapter Ⅷ. The use of force in self-defense 135

Can self-defense be subject to law？ 135

International scrutiny 138

The lex specialis of defense 141

Law and accountability 146

Anticipatory defense and armed attack 150

Requirements of necessity and proportionality 152

Collective self-defense 155

Armed intervention in internal conflicts . 158

Use of force against terrorists in another country 162

Requirements of Necessity and Proportionality for Anti-Terrorist Activity 167

Necessity as excuse 169

Concluding comments on law of force 174

Notes. Chapter Ⅷ 175

Bibliography. Chapter Ⅷ 182

Chapter Ⅸ. Peaceful means of redress： self-help and counter-measures 184

Reprisals and retorsion as counter-measures 185

Notification and good faith requirements 186

Is recourse to peaceful settlements a condition of reprisals？ 188

Non-performance of treaty obligations as reprisal 190

The requirement of proportionality 193

Limits on counter-measures against individuals 194

Violations of common concern： rights of third States to take counter-measures 196

Legal limits of retorsion 198

Notes. Chapter Ⅸ 200

Bibliography. Chapter Ⅸ 201

Chapter Ⅹ. International remedies 202

Objective responsibility and obligation of redress 203

The requirement of legal interest and injury 205

Violations of multilateral treaties and of obligations erga omnes 208

Requirements of prior negotiations and exhaustion of local remedies 213

Non-adjudicatory means of settlement 214

The limited use of adjudication 217

Justiciable and political issues 220

Notes. Chapter Ⅹ 223

Bibliography. Chapter Ⅹ 225

Chapter Ⅺ. Enforcement 227

Ambivalence toward enforcement 227

Enforcement by the International Court of Justice 229

Enforcement of judgments of the International Court by the United Nations 233

Action by the successful State to enforce judgment 235

Enforcement of non -judicial decisions by international organizations 237

Enforcement through private litigation 239

Notes. Chapter Ⅺ 246

Bibliography. Chapter Ⅺ 248

Chapter Ⅻ. The jurisdiction of States 250

The theoretical controversy over the Lotus case 250

Contemporary controversies 252

The bases of jurisdiction to prescribe 253

Adjudicatory and enforcement jurisdiction 255

The requirement of reasonableness 258

The “effects doctrine” 261

Orders for disclosure and foreign government compulsion 264

The expanding area of universal jurisdiction 267

Notes. Chapter Ⅻ 270

Bibliography. Chapter Ⅻ 272

Chapter ⅩⅢ. The new law of the sea 274

The erosion of freedom in the oceans 274

The complex structure of the new law of the sea in treaty and custom 281

The balance of rights between coastal and maritime States 285

The common heritage beyond national jurisdiction 291

Notes. Chapter ⅩⅢ 296

Bibliography. Chapter ⅩⅢ 298

Chapter ⅩⅣ. Sovereign rights and international business 300

Permanent sovereignty over natural resources 301

“Internationalized” contracts between States and foreign nationals 305

States responsibility for breach of contract 311

Stabilization clauses 314

Discrimination against foreign business enterprise 315

Compensation for expropriation 321

Liberalization and privatization 325

Notes. Chapter ⅩⅣ 325

Bibliography. Chapter ⅩⅣ 328

Chapter ⅩⅤ. International human rights 330

Some basic antinomies and dilemmas 331

Human rights as customary international law 335

Human rights as jus cogens and obligations erga omnes 342

Politics and human rights 345

Human rights and economic development 348

Economic and social rights and State accountability 352

Notes. Chapter ⅩⅤ 356

Bibliography. Chapter ⅩⅤ 360

Chapter ⅩⅥ. Protecting the environment 362

Concepts and principles 362

Defining environmental harm and risk 365

The qualified duty of prevention in the light of conflicting interests 368

The duty to inform， assess and consult 373

Liability and compensation 375

Enforcement and remedies 381

Notes. Chapter ⅩⅥ 384

Bibliography. Chapter ⅩⅥ 388

Chapter ⅩⅦ. Collective security redux 389

The use of force under Chapter Ⅶ 391

The special agreements under Article 43 392

Implications for national constitutional requirements 394

Authority and command 396

Legal limits on ends and means 399

Application of law of armed conflict to United Nations forces 400

Self-defense and United Nations authority 401

The use of armed force in United Nations peacekeeping 404

Limits on peacekeeping 407

Use of force in peacekeeping 408

Force authorized by regional organization 410

Concluding comments 413

Notes. Chapter ⅩⅦ 413

Bibliography. Chapter ⅩⅦ 416

Index 418