Brierly's law of nations : an introduction to the role of international law in international relations / Andrew Clapham.

Format:

Book

Author/Creator:

Brierly, J. L. (James Leslie), 1881-1955.

Contributor:

Clapham, Andrew.

Language:

English

Subjects (All):

International law.

International relations.

Physical Description:

li, 518 p.

Edition:

7th ed.

Other Title:

Law of nations

Place of Publication:

Oxford : Oxford University Press, 2012.

Summary:

Revised and updated for the first time in fifty years, this new edition of a classic text of international law provides the ideal introduction to the field for students and scholars alike. It introduces the key themes and ideas within international law in concise, clear language, building on Brierly's idea that law must serve a social purpose.

Contents:

Cover

Contents

Acknowledgements

Abbreviations

Table of Cases

Table of Treaties, Other International Instruments, and National Legislation

I. The Origins of International Law

1. The rise of modern states

2. The doctrine of sovereignty

3. The influence of the doctrine of the Law of Nature

4. The classical writers on international law

II. The Basis of Obligation in International Law

1. The international society

2. The modern 'sovereign' state

3. The basis of obligation in modern international law

4. The sources of modern international law

(a) Treaties as a source of law

(b) Custom as a source of law

(c) The general principles of law

(d) Judicial decisions and text writers

(e) The place of 'reason' in the modern system

(f ) Law-making by international organizations

(g) Unilateral declarations of states

(h) International standards and the debate over 'soft law'

5. The legal character of international law

6. Some defects of the system

7. Proposals for codification

8. The application of international law in domestic courts

III. The Legal Organization of International Society

1. The beginnings of international constitutional law

2. International legislation

3. The administrative and executive functions

4. The judicial function

5. The United Nations

IV. States

1. General notion of states in international law

2. Independent and dependent states

3. The doctrine of the equality of states

4. Commencement of the existence of a state

5. Continuity and termination of the existence of a state

V. The Territory of States

1. Territorial sovereignty

2. Modes of acquiring territory

3. Minor rights over territory

(a) Leases

(b) Servitudes

4. Territorial sea

5. The continental shelf

6. The deep sea bed.

7. Territorial air space

8. Outer space, the moon, and other celestial bodies

VI. Jurisdiction

1. Jurisdiction over internal waters

2. Jurisdiction in ports

3. Jurisdiction over the territorial sea

4. Jurisdiction in the contiguous zone

5. Jurisdiction with regard to the continental shelf and the exclusive economic zone

6. Jurisdiction on the high seas

7. Jurisdiction over warships and other state ships

8. Limitations on a state's treatment of its own nationals and respect for international human rights

9. The limits of national criminal jurisdiction

10. Limitations on a state's treatment of foreigners

11. Limits to jurisdiction with regard to immunities

(a) Immunities of Heads of States and other holders of high-ranking office in a state

(b) Immunity for the state and its agents

(c) Diplomatic, consular, and other immunities

(d) Diplomatic and consular bags

(e) Diplomatic and consular premises

VII. Treaties

1. When is an agreement a treaty?

2. When is an international text not a treaty?

3. Formation of treaties and the issue of coercion

4. Signature and ratification

5. Reservations

6. The role of the depositary and the requirement to register

7. The issue of jus cogens

8. Other grounds of invalidity

9. Interpretation

10. Third party rights and obligations

11. Breach, suspension, and termination of treaties

(a) Material breach

(b) Countermeasures in response to breach of treaty

(c) The position of non-injured states parties

(d) The impact of war and armed conflict on treaties

(e) Other grounds for termination

VIII. International Disputes and the Maintenance of International Peace and Security

1. Dispute settlement

2. Attribution of conduct to a state

3. Retorsion, reprisals, and countermeasures

4. Arbitration and judicial settlement.

(a) Arbitration

(b) Judicial settlement and the International Court of Justice

5. The limits of arbitration and judicial settlement

6. Good offices, mediation, commissions of inquiry, conciliation

7. Dispute settlement at the World Trade Organization

8. Settlement under the UN Charter

IX. Resort to Force

1. Intervention and the prohibition on the use of force

2. Self-defence

(a) Self-preservation and the Caroline incident

(b) Contemporary law of self-defence

3. Authorization by the Security Council

4. Aggression in the Statute of the International Criminal Court

5. International law in armed conflict

6. The present role of international law

INDEX

A

B

C

D

E

F

G

H

I

J

K

L

M

N

O

P

R

S

T

U

V

W

Y

Z.

Notes:

Includes index.

Description based on metadata supplied by the publisher and other sources.

ISBN:

1-283-62147-9

9786613933928

0-19-163266-X