International LawThis fifth edition of Malcolm Shaw's bestselling textbook on international law provides a clear, authoritative and comprehensive introduction to the subject, fully revised and updated to Spring 2003. Basically preserving the structure which made the previous edition so successful, a new chapter on Inter-state Courts and Tribunals considers the role of the International Court of Justice and the International Tribunal on the Law of the Sea, and there is a new chapter on international humanitarian law. Also examined are arbitration tribunals and the role of international institutions such as the WTO in resolving conflicts. The prosecution of individuals for violations of international law is examined. Additional coverage of events in Kosovo and Iraq analyses the questions of humanitarian intervention and the role of the UN. Written in a clear and accessible style, setting the subject firmly in the context of world politics and the economic and cultural influences affecting it, this book remains a highly readable and invaluable resource for students and practitioners alike. The scope of the text makes this essential reading for students of international law, international relations and the political sciences. The book is also valuable to professionals and governmental and international civil servants. |
Contents
Preface page | xxiii |
I | xxiv |
Table of treaties and selected other international | lxviii |
List of abbreviations | cxli |
The nature and development of international law | 1 |
The function of politics | 11 |
International law today | 42 |
Sources | 65 |
Jurisdiction | 572 |
Extradition | 610 |
Immunities from jurisdiction | 621 |
Diplomatic law | 668 |
the Vienna Convention | 688 |
State responsibility | 694 |
The expropriation of foreign property | 737 |
International environmental law | 753 |
International law and municipal law | 120 |
The United States | 143 |
Other countries | 151 |
Justiciability act of state and related doctrines | 162 |
Executive certificates | 172 |
Sui generis territorial entities | 201 |
Conclusions | 217 |
The right of all peoples to selfdetermination | 225 |
Individuals | 232 |
International organisations | 241 |
The international protection of human rights | 247 |
Some basic principles | 254 |
The United Nations system implementation | 281 |
Expert bodies established under particular treaties | 289 |
The Committee on the Elimination of Discrimination | 300 |
The Committee on the Rights of the Child | 307 |
The regional protection of human rights | 319 |
Protection of National Minorities | 340 |
Europe | 346 |
The CIS Convention on Human Rights and Fundamental | 352 |
The Banjul Charter on Human and Peoples Rights | 363 |
Territory | 409 |
Cession | 420 |
Territorial integrity selfdetermination and sundry claims | 443 |
Air law and space law | 463 |
The law of outer space | 479 |
The law of the sea | 490 |
State responsibility and the environment | 760 |
The problems of the state responsibility approach | 771 |
Marine pollution | 806 |
The termination of treaties | 851 |
Consequences of the termination or suspension of a treaty | 857 |
Succession to treaties generally | 875 |
International human rights treaties | 885 |
Hong Kong | 912 |
Inquiry | 923 |
International institutions and dispute settlement | 928 |
limited competence | 938 |
Interstate courts and tribunals | 951 |
The International Tribunal for the Law of the Sea | 1005 |
Proliferation of courts and tribunals | 1011 |
The situation in the Democratic Republic of the Congo | 1044 |
International humanitarian law | 1054 |
The United Nations | 1082 |
Conclusion | 1117 |
Former Yugoslavia | 1139 |
Sierra Leone | 1145 |
The role of the General Assembly | 1151 |
International institutions | 1161 |
Regional institutions | 1168 |
The Commonwealth of Independent States | 1181 |
Some useful international law websites | 1216 |
1225 | |
Common terms and phrases
accepted adopted Africa AJIL application Arbitration binding Bosnia and Herzegovina BYIL chapter Commission concept concerned Constitution Continental Shelf Convention on Human Council of Europe Court of Justice custom customary international law customary law decision Declaration doctrine domestic Droit International Public economic emphasised entity established European Convention example existence Federal Foreign Geneva Convention Genocide Ibid ICJ Reports ICLQ International Court International Covenant International Criminal Court International Human Rights International Law Commission international legal issue jurisdiction jus cogens Lauterpacht legal order legislation London municipal law Nicaragua norm noted obligations opinio juris Opinion Oppenheim's International Law Organisation Oxford particular parties PCIJ political practice principle procedure Protection Protocol provides question recognition regard relations relevant Republic rules of international Security Council self-determination social sovereign sovereignty Soviet statehood status ternational territory Theory tion tional Torture treaties Tribunal United Nations violations World Yugoslavia