INTERNATIONAL LAW SECOND EDITIONPDF电子书下载

PART Ⅰ ORIGINS AND FOUNDATIONS OF THE INTERNATIONAL COMMUNITY 3

1 THE MAIN LEGAL FEATURES OF THE INTERNATIONAL COMMUNITY 3

1.1 Introduction 3

1.2 The nature of international legal subjects 3

1.3 The lack of a central authority， and decentralization of legal ‘functions’ 5

1.4 Collective responsibility 6

1.5 The need for most international rules to be translated into national legislation 9

1.6 The range of States’ freedom of action 10

1.7 The overriding role of effectiveness 12

1.8 Traditional and individualistic trends and emerging community obligations and rights 13

1.9 Coexistence of the old and new patterns 21

2 THE HISTORICAL EVOLUTION OF THE INTERNATIONAL COMMUNITY 22

2.1 Introduction 22

2.2 The emergence of the present international community before the Peace of Westphalia 22

2.3 Stage 1： from the Peace of Westphalia to the end of the First World War 25

2.4 Stage 2： from the First to the Second World War 34

2.5 Stage 3： from the UN Charter to the end of the cold war 39

2.6 Stage 4： from the end of the cold war to the present 44

3 THE FUNDAMENTAL PRINCIPLES GOVERNING INTERNATIONAL RELATIONS 46

3.1 Introduction 46

3.2 The sovereign equality of States 48

3.3 Non-intervention in the internal or external affairs of other States 53

3.4 Prohibition of the threat or use of force 55

3.5 Peaceful settlement of disputes 58

3.6 Respect for human rights 59

3.7 Self-determination of peoples 60

3.8 Distinguishing traits of the fundamental principles 64

3.9 The close link between the principles and the need for their co-ordination 67

PART Ⅱ SUBJECTS OF THE INTERNATIONAL COMMUNITY 71

4 STATES AS THE PRIMARY SUBJECTS OF INTERNATIONAL LAW 71

4.1 Traditional and new subjects 71

4.2 Commencement of the existence of States 72

4.3 The role of recognition 73

4.4 Continuity and termination of the existence of States 77

5 THE SPATIAL DIMENSION OF STATE ACTIVITIES 81

5.1 General 81

5.2 Territory 82

5.3 Sea 84

5.4 The international seabed and the concept of the common heritage of mankind 92

5.5 Air 94

5.6 Outer space 95

5.7 General observations 96

6 LIMITATIONS ON STATE SOVEREIGNTY： IMMUNITIES AND TREATMENT OF INDIVIDUALS 98

6.1 Introduction 98

6.2 Immunity of foreign states from courts’ jurisdiction 99

6.3 Immunities of organs of foreign States 110

6.4 Immunities of diplomatic agents 114

6.5 Immunities of consular agents 116

6.6 Immunities of Heads of States and Government and senior members of cabinet 117

6.7 Duration of privileges and immunities 118

6.8 Personal immunities and international crimes 119

6.9 Limitations upon a State’s treatment of foreigners and individuals 120

7 OTHER INTERNATIONAL LEGAL SUBJECTS 124

7.1 Insurgents 124

7.2 Sui generis entities 131

7.3 The reasons behind the emergence of new international subjects 134

7.4 International organizations 135

7.5 National liberation movements 140

7.6 Individuals 142

PART Ⅲ CREATION AND IMPLEMENTATION OF INTERNATIONAL LEGAL STANDARDS 153

8 INTERNATIONAL LAW-CREATION： CUSTOM 153

8.1 Introductory remarks 153

8.2 Custom 156

8.3 Local customary rules 163

8.4 The present role of custom 165

8.5 Codification 167

9 TREATIES 170

9.1 General 170

9.2 The ‘old’ and the ‘new’ law 170

9.3 The making of treaties 172

9.4 Reservations 173

9.5 Grounds of invalidity 176

9.6 Interpretation 178

9.7 Termination 180

10 OTHER LAWMAKING PROCESSES 183

10.1 General 183

10.2 Unilateral acts as sources of obligations 184

10.3 Sources envisaged in international treaties 185

10.4 General principles of law recognized by the community of nations，as a subsidiary source 188

10.5 The impact of processes that technically are not law creating 194

11 THE HIERARCHY OF RULES IN INTERNATIONAL LAW：THE ROLE OF JUS COGENS 198

11.1 Traditional international law 198

11.2 The emergence of jus cogens 199

11.3 Establishment and scope of jus cogens 201

11.4 Instances of peremptory norms 202

11.5 Limitations of jus cogens as envisaged in the Vienna Convention 203

11.6 Partial remedies to those limitations， provided by customary international law 204

11.7 Legal effects of jus cogens 205

11.8 The limited reliance on jus cogens in international dealings 209

11.9 National cases using jus cogens as a ratio decidendi and national legislation relying upon the same notion 210

12 THE IMPLEMENTATION OF INTERNATIONAL RULES WITHIN NATIONAL SYSTEMS 213

12.1 Relationship between international and national law 213

12.2 International rules on implementing international law in domestic legal settings 217

12.3 Trends emerging among the legal systems of States 220

12.4 Techniques of implementation 224

12.5 Statist views versus international outlook： emerging trends 234

PART Ⅳ BREACHES OF INTERNATIONAL LAW AND THEIR CONSEQUENCES 241

13 INTERNATIONAL WRONGFUL ACTS AND THE LEGAL REACTION THERETO 241

13.1 General 241

13.2 Traditional law 241

13.3 The current regulation of State responsibility： an overview 243

13.4 ‘Ordinary’ State responsibility 245

13.5 ‘Aggravated’ State responsibility 262

13.6 Treaty regimes and customary law on aggravated responsibility 275

13.7 The current minor role of aggravated responsibility 277

14 PROMOTING COMPLIANCE WITH LAW AND PREVENTING OR SETTLING DISPUTES 278

14.1 Introduction 278

14.2 Traditional mechanisms for promoting agreement between disputants 279

14.3 Traditional mechanisms for settling disputes by a binding decision 281

14.4 The new law： an overview 282

14.5 The general obligation to settle disputes peacefully 283

14.6 Resort to traditional means 284

14.7 Strengthening and institutionalization of traditional means 286

14.8 The establishment of more flexible mechanisms for either preventing or settling disputes 289

15 ENFORCEMENT 296

15.1 Traditional law 296

15.2 New trends following the First World War 300

15.3 Enforcement of international rules in modern international law 301

15.4 Retortion 310

15.5 Collective enforcement （sanctions properly so called） 310

PART Ⅴ CONTEMPORARY ISSUES IN INTERNATIONAL LAW 317

16 THE ROLE OF THE UNITED NATIONS 317

16.1 The grand design of the post-Second World War period 317

16.2 Goals and structure of the new organization 320

16.3 Principal achievements and failures of the UN 322

16.4 The current role of the UN 336

17 UN SANCTIONS AND COLLECTIVE SECURITY 339

17.1 Introduction 339

17.2 Measures short of armed force 340

17.3 Peacekeeping operations 343

17.4 Resort to force by States upon authorization of the UN 346

17.5 The use of force by regional and other organizations， upon authorization of the SC 350

17.6 The authorization to use force given by the GA 351

17.7 The old and the new law on force and collective security contrasted 352

18 UNILATERAL RESORT TO FORCE BY STATES 354

18.1 Introduction 354

18.2 Individual self-defence 354

18.3 Self-defence against armed infiltration and indirect aggression 363

18.4 Collective self-defence 365

18.5 Forcible protection of nationals abroad 366

18.6 Armed intervention with the consent of the territorial State 368

18.7 Armed reprisals against unlawful small-scale use of force 371

18.8 Is resort to force to stop atrocities abroad legally admissible？ 373

18.9 May racial groups and peoples resort to force when self-determination is forcibly denied？ 374

19 THE PROTECTION OF HUMAN RIGHTS 375

19.1 Introduction 375

19.2 Traditional international law 376

19.3 The turning point： the UN Charter 377

19.4 Trends in the evolution of international action on human rights 379

19.5 Human rights and customary international law 393

19.6 The impact of human rights on traditional international law 396

19.7 The present role of human rights 396

20 LEGAL RESTRAINTS ON VIOLENCE IN ARMED CONFLICT 399

20.1 Introduction 399

20.2 Classes of war 399

20.3 Traditional law in a nutshell 400

20.4 Developments in modern armed conflict 402

20.5 The new law： an overview 404

20.6 The current regulation of international armed conflict 405

20.7 The current regulation of internal armed conflict 429

20.8 The role of law in restraining armed violence 434

21 THE REPRESSION OF INTERNATIONAL CRIMES 435

21.1 Traditional law 435

21.2 Modern law： international crimes 436

21.3 International crimes and immunity from jurisdiction 450

21.4 Prosecution and punishment by State courts 451

21.5 Prosecution and punishment by international courts 453

21.6 The establishment of so-called internationalized or mixed criminal courts or tribunals 458

21.7 International trials： main merits 460

21.8 The need for international criminal courts to rely upon State co-operation 461

21.9 The main problems besetting international criminal proceedings 461

22 THE INTERNATIONAL RESPONSE TO TERRORISM 463

22.1 Introduction 463

22.2 The interstate legal reaction to terrorism 463

22.3 Hierarchy between types of responses to terrorism 464

22.4 Peaceful responses 465

22.5 Forcible responses to terrorist action 469

22.6 Use of force against terrorism on the high seas or in international airspace 476

22.7 Concluding remarks 479

23 PROTECTION OF THE ENVIRONMENT 482

23.1 Traditional law 482

23.2 New developments in industry and technology 485

23.3 The current regulation of protection of the environment 487

23.4 Institutional bodies in charge of protection of the environment 496

23.5 State responsibility and civil liability for environmental harm 497

23.6 Liberalization of trade versus protection of the environment 500

24 LEGAL ATTEMPTS AT NARROWING THE NORTH-SOUTH GAP 503

24.1 The colonial relationship 503

24.2 Main features of developing countries’ economic structure 504

24.3 The most fundamental economic needs of developing countries 506

24.4 The principal demands and the legal strategy of developing countries 507

24.5 The action of the world community： general 509

24.6 The role of international economic institutions 510

24.7 Multilateral co-operation for development 518

24.8 The promotion of foreign investment in developing countries 523

24.9 A tentative stocktaking 526

Index 529