INTERNATIONAL LAW IN A DIVIDED WORLDPDF电子书下载

SECTION Ⅰ.ORIGIN AND FOUNDATIONS OF THE INTERNATIONAL COMMUNITY 9

1.Main Legal Features of the International Community 9

Nature of International Legal Subjects 9

Collective Responsibility 11

Lack of Any Central Authority Wielding Exclusive Power:Consequent Decentralization of the Main Legal Functions 13

The Need for International Law to Rely Heavily on Domestic Legal Systems 14

The Range of States'Freedom of Action 22

The Overriding Role of Effectiveness 26

Individualistic Trends 28

Coexistence of Old and New Patterns 30

The International Community:A Divided World 32

2.Historical Evolution of the International Community:The Former Setting(1648-1918) 34

Birth of the Present International Community after the Peace of Westphalia(1648) 34

Stage 1:From the Peace of Westphalia to the First World War 38

Composition of the International Community 38

Allocation of Power 43

Legal Output 46

Main Features of the Law 47

Efforts to Restrain Great Powers'Dominance 50

Rise and Fall of Slavery 52

3.Historical Evolution of the International Community:The New Setting(from 1918 to the Present) 55

The Subsequent Evolution of the International Community 55

Stage 2:From the First to the Second World War 57

The Turning-point:The First World War and its Consequences 57

The Soviet Union's Presence Splits the International Community 58

Another Experiment in Collective Co-ordination of Force:The League of Nations 60

Legal Output 62

Stage 3:From the UN Charter to the Accession of Most Formerly Dependent Countries to Political Independence(1945-60) 64

The Consequences of the Second World War 64

Composition of the International Community 67

The Attempt at Institutionalizing the Pre-eminence of Great Powers 68

The International Legal System in Transition 69

Stage 4:From the Expansion of the Third World(1960)to the Present Day 70

Composition of the International Community 70

Legal Change 72

4.International Legal Subjects 74

General 74

Categories of International Subjects 76

Traditional Subjects 77

States 77

Insurgents 81

New Subjects 85

International Organizations 85

Peoples under Colonial,Alien,or Racist Domination,Endowed with a Representative Organization(National Liberation Movements) 90

Individuals 99

Multinational Corporations:Are They International Subjects? 103

Concluding Observations 103

5.Attitudes of States Towards International Law 105

General 105

Western Countries 106

Socialist States 109

Developing Countries 115

Concluding Remarks 123

6.The Fundamental Principles Governing International Relations 126

Introduction 126

Sovereign Equality of States 129

Self-determination of Peoples 131

Prohibition of the Threat or Use of Force 137

Peaceful Settlement ofDisputes 142

Non-intervention in the Internal or External Affairs of Other States 143

Respect for Human Rights 148

International Co-operation 150

Good Faith 152

Distinguishing Traits of the Principles 157

The Close Link Between the Principles and the Need for Their Co-ordination 160

Concluding Remarks 163

SECTION Ⅱ.CREATION AND EFFECTIVENESS OF INTERNATIONAL STANDARDS 169

7.International Law-making 169

Historical Evolution 169

The Traditional Law-Making Processes:Custom and Treaties 169

The Attempt at Expanding the Traditional Law-Making Processes in 1921:the General Principles of Law Recognized by Civilized Countries 170

The Attempt at Granting Legislative Powers to the UN General Assembly in the late 1950s 174

The Upgrading of Certain Fundamental Rules Produced by Traditional Sources of Law:The Introduction of Jus Cogens in the 1960s 175

Present Sources of International Law 179

General 179

Custom 180

Treaties 185

The'Old'and the'New'Law 186

The Role of General Assembly Resolutions in Law-making 192

Consensus as a Means of Facilitating Agreement within International Organizations and Diplomatic Conferences in an Age of Deep Divisions 195

International Law-making in a Divided World 198

5.Settlement of Disputes 200

Introduction 200

Traditional Means of Settlement 201

New Devices for Promoting Compliance with International Law 207

Handling of Disputes by UN Organs 207

International Supervision 208

Compulsory Conciliation or Adjudication 211

Conclusions 213

9.Enforcement 215

Introduction 215

Traditional Law 215

Intervention 217

Reprisals 219

War 221

New Trends Following the First World War 221

The New Law 222

An Overview 222

Collective Enforcement 224

Enforcement by Individual States 229

Coercive Enforcement 230

Non-coercive Enforcement 241

Recapitulation and Conclusion 246

SECTION Ⅲ.CRUCIAL ISSUES OF TODAY 253

10.International Legal Regulation of Armed Conflict 253

Introduction 253

Classes of War 255

Traditional Law in a Nutshell 257

New Developments in Modern Armed Conflict 262

The New Law 264

General 264

Fundamentals of the Current Regulation of Armed Conflict 266

Interstate Conflicts 266

Conduct of Hostilities 269

Protection of War Victims 273

Means of Ensuring Compliance with Law 274

Wars of National Liberation 277

The Assimilation of Wars of National Liberation to International Conflicts 277

Jus in bello 279

Internal Armed Conflict 280

General Features of the Legal Regulation of Civil Strife 280

Customary Law 281

Treaty Law 284

Concluding Remarks 285

11.International Protection of Human Dignity 287

Introduction:The Birth,After the Second World War,of International Concern for Human Rights 287

International Prohibition of Crimes against Humanity 290

The International Protection of Human Rights by the UN 293

The UN Charter 293

Evolution of the U N Action 296

The First Stage of International Protection of Human Rights(1945 to the late 1950s) 297

The Influence of the Western'Doctrine'of Human Rights 297

Moving Towards International Legislation 298

The Tendency to Overrule the Objection of Domestic Jurisdiction 300

The Cold War 300

The Second Stage(1960 to the mid-1970s) 300

The Socialist'Doctrine' 300

International Legislation 302

Supervision 304

The U N's Widening Sphere of Action and Increasing Disregard of Domestic Jurisdiction 306

The Third Stage(the mid-1970s to the Present Day) 307

The Third World'Doctrine'of Human Rights 307

Virtues and Defects of the Developing Countries'Strategy 309

International Legislation and Control 310

UN Action:Tentative Stock-taking 311

Comparison and Contrast Between the Different'Philosophies'of Human Rights 311

Legislative and Institutional Achievements 313

Final Remarks 315

12.The Law Governing International Economic Relations 317

General 317

Predominance of the Laissez-faire Principle Until the First World War 317

The Inter-war Period 320

The Major Turning-point After the Second World War:The Dominance of the U S and Its Neo-Liberal Outlook 325

Promotion of Currency Stability:The International Monetary Fund 326

Duties of the Member States 327

The Right to Draw Foreign Currency from the Fund 328

The Organizational and Power Structure of the Fund 328

The Evolution of the IMF 329

The Contribution of the IM F to Free Trade 332

Mobilization of International Capital:The Bank for International Reconstruction and Development 333

Criticism by Socialist and Third World Countries 334

The Practical Results of Third World Criticism:The Establishment of the IFCandthe IDA 337

The International Finance Corporation 337

The International Development Association 338

Liberalization of International Trade:The General Agreement on Tariffs and Trade 339

The Position of Socialist and Developing Countries 343

The Evolution of the International Regulation Protecting Foreign Investment 345

Concluding Observations 349

13.International Promotion of Development 351

The Traditional Setting 351

The Main Features of Developing Countries'Economic Structure 352

The Emergence After the Second World War of a Drive Towards Assisting Less-developed Countries 355

Stage 1(1946 to the early 1960s):Technical and Financial Assistance 356

Stage 2(from the early 1960s to 1973):Trade Not Aid 358

Stage 3(1974 to the Present):The New International Economic Order 364

The Attempt to Supplement the NIEO by Introducing the Right to Development 368

A Tentative Stock-taking 371

14.From Sovereignty to Co-operation:The Common Heritage of Mankind 376

General 376

Traditional Principles Concerning the Appropriation of Territories 376

The Modern Extension of State Sovereignty:The Continental Shelf,The Contiguous Zone,The Exclusive Economic Zone 377

The Concept of'Common Heritage of Mankind'as a New Guiding Principle for the Joint Exploitation of Natural Resources 379

The Emergence of the Concept 379

The Common Heritage of Mankind Concept in the 1982 Convention on the Law of the Sea 384

The Moon and Other Celestial Bodies as Common Heritage of Mankind 387

Concluding Remarks 391

15.Epilogue 393

General 393

International Law in a Deeply Divided World:Differences and Convergences among the Main Groups of States 393

The Old and the New Patterns of World Legal Order 396

The Role of Law in the World Community 407

The Possible Contribution of Individuals and Private Groups 413

Select Bibliography 418

Index 423