International Law for Diplomats / edited by Mario JA Oyarzabal.

Format:

Book

Contributor:

Oyarzabal, Mario JA, editor.

Series:

International Law E-books Online, Collection 2026.

International Law E-books Online, Collection 2026

Language:

English

Subjects (All):

International law.

International relations.

Physical Description:

1 online resource (292 pages)

Edition:

1st ed.

Place of Publication:

Leiden ; Boston : Brill | Nijhoff, 2026.

Language Note:

English

Summary:

The purpose of this book is to provide diplomats worldwide - both lawyers and non-lawyers - with basic tools to address the main international legal issues they may encounter both bilaterally and in multilateral negotiations and forums. It features chapter from current or former legal advisers to the ministries of foreign affairs of a representative group of countries alongside the legal advisers of international organizations and institutions with extensive experience in their respective fields. The book offers a practical perspective, without delving into abstract theoretical discussions or issues which, despite being relevant in other contexts, are less so in the diplomatic field.

Contents:

Intro

Contents

Foreword

Notes on Contributors

Chapter 1 Diplomacy and International Law: An Introduction

1 The Interface between Diplomacy and the Law

2 Diplomacy and the Sectorization of International Law

3 Diplomats and the Study of International Law

Further Reading

Chapter 2 Nature and Functions of International Law

1 Introduction

2 First Things First: What Is International Law?

3 On the Constraining Nature of International Law

4 The Binding Nature of Custom-Derived Norms

5 The Binding Nature of Convention-Derived Norms

6 The Pyramidal Structure of International Law

7 On Compliance

8 Conclusion

Chapter 3 Sources of International Law

2 The Importance of State Practice

3 Treaties

4 Customary International Law

5 General Principles of Law

6 Unilateral Acts and Acquiescence

7 Subsidiary Means

Chapter 4 Treaties and Non-legally Binding Instruments

2 Treaties: The Essential Elements

3 Non-legally Binding International Instruments

3.1 Inter-institutional International Agreements

3.2 Effects of Non-legally Binding International Instruments

4 Concluding Remarks

Chapter 5 The Negotiation of Multilateral Treaties

2 The Conduct of the Negotiations

3 The Drafting of the Text

4 Conclusion

Chapter 6 States and International Organizations

2 States

2.1 Concept of State

2.2 Elements of the State and Criteria of Statehood

2.3 Fundamental Principles of International Law Applicable to States

3 International Organizations

3.1 Notion, Nature and Purposes

3.2 Historical Development

3.3 Brief Overview of Some of the Main International Organizations

3.3.1 United Nations.

3.3.2 Organization of American States

3.3.3 Council of Europe

3.3.4 NATO

3.3.5 European Union

3.3.6 African Union

3.3.7 ASEAN

3.3.8 Arab League

Chapter 7 Recognition of States and Governments

2 The Concept of Recognition and Its Significance in Diplomacy

3 Recognition of States

4 Recognition of Governments

5 Implications for Diplomatic Practice

6 Conclusion

Chapter 8 Immunity of States and Their Officials

2 The Principle of State Immunity: Origins and Sources

3 Nature of State Immunity

4 Scope of Immunity

4.1 Immunity from Jurisdiction

4.2 The Scope of Immunity from Measures of Constraint or Enforcement

5 Who May Claim State Immunity?

6 State Immunity and Human Rights

7 State Immunity and the Criminal Law

Chapter 9 Diplomatic and Consular Law

2 Diplomatic Law

2.1 Main Principles

2.2 Privileges and Immunities

3 Consular Law

3.1 Main Principles

3.2 Privileges and Immunities

4 Conclusions

Chapter 10 State Responsibility

2 Mechanism of International Responsibility

2.1 The Event Giving Rise to International Responsibility of the State

2.2 Attribution of Conduct Giving Rise to International Responsibility of the State

3 The Implementation of the International Responsibility of a State

4 Circumstances Precluding Wrongfulness

4.1 Consent

4.2 Self-Defence

4.3 Force Majeure

4.4 Distress

4.5 Necessity

4.6 Countermeasures

5 Consequence of the Responsibility: The Reparation of the Injury

5.1 Restitution

5.2 Compensation

5.3 Satisfaction

5.4 Are Assurances and Guarantees of Non-repetition a Form Reparation?

Chapter 11 United Nations Law

1 Introduction.

2 At the Origin of United Nations Law: The Charter

3 Rules Governing the Participation of States in the United Nations

4 Rules Related to the Legal Capacity and Immunities of the United Nations

5 Rules Governing the Organs and Institutions of the United Nations

5.1 The Principal Organs

5.2 The Subsidiary Organs

5.3 Specialised Institutions and Related Organisations

6 Rules on the Role of the United Nations in Settling Disputes and Guaranteeing Peace

7 Law Produced by United Nations Organs

8 Epilogue

Chapter 12 Law of the Sea

1 Brief Historical Sketch

2 Maritime Zones and Their Legal Regimes

2.1 Baselines. Maritime Zones under the Sovereignty of Coastal States

2.2 Other Maritime Zones under National Jurisdiction

2.3 Areas beyond National Jurisdiction

3 Institutional Framework

4 Recent Developments and Trends

Chapter 13 The Regimes of Cooperation in the Arctic, Antarctica and Outer Space

2 The Arctic

2.1 The Circumpolar North: Defining the Arctic

2.2 The Arctic Council

2.3 Legal Frameworks and Processes

3 Antarctica

3.1 The Antarctic Treaty's Background and Significance

3.2 The Antarctic Treaty System: Exercise of Jurisdiction ‒ Decision-Making

3.3 Other Instruments of the Antarctic System

3.4 Relation to Other Legal Frameworks and Agreements

4 Outer Space

4.1 Emergent Legal Principles and the Five UN Space Law Treaties

4.2 The Boundary between Airspace and Outer Space

4.3 Further Challenges

The Arctic (and Polar Regions in General)

Antarctica

Outer Space

Chapter 14 Nuclear Non-Proliferation and the International Law of Disarmament

2 Treaty on the Non-proliferation of Nuclear Weapons (NPT) of 1968

3 Right of Self-Defence.

4 International Humanitarian Law

5 Treaties Establishing Nuclear-Weapon-Free Zones and Other Denuclearization Treaties

6 Bilateral Disarmament Treaties between the United States and the Soviet Union Succeeded by the Russian Federation

7 International Court of Justice Jurisprudence

7.1 Nuclear Tests Cases

7.2 Legality of the Threat or Use of Nuclear Weapons

7.3 Cases on the Obligations concerning Negotiations relating to Cessation of the Nuclear Arms Race and to Nuclear Disarmament

8 The Emergence of an opinio juris communis

8.1 Creation of a Customary Rule of International Law

8.2 The Function of General Principles of International Law

8.3 The Evidentiary Elements in the Rules of Customary International Humanitarian Law

8.4 Doctrinal Basis

9 The Treaty on the Prohibition of Nuclear Weapons (TPNW)

9.1 The Humanitarian Initiative within the 2010 npt Review Conference and Beyond

9.2 The Requirement for Universal Prohibition: The 2017 Treaty on the Prohibition of Nuclear Weapons (TPNW) ‒ The Issue of Its Compatibility with the NPT, Its Scope and the Pursuit of Universality

10 Concluding Remarks

Chapter 15 The Rights of Individuals: Human Rights Law and Institutions

2 The United Nations Charter

3 The Universal Declaration of Human Rights

4 Human Rights Treaties

5 The Covenant on Civil and Political Rights

5.1 Submission of Individual Complaints and the Procedure Followed before Their Examination by the Committee

5.2 Examination of the Complaints

5.3 Follow-Up Procedure

6 The Human Rights Council

7 The International Court of Justice: The ICJ

8 The International Criminal Court: The ICC

Chapter 16 International Humanitarian Law

1 IHL in the International Legal Order

1.1 What Is IHL?

1.2 Origins and Sources of IHL.

1.3 Jus ad bellum and jus in bello

2 Definition of Armed Conflict

3 The Rules of IHL in a Nutshell

3.1 Conduct of Hostilities

3.1.1 Distinction, Proportionality, Precaution

3.1.2 Specially Protected Objects

3.1.3 Means and Methods of Warfare

3.1.4 New Technologies

3.2 Protection of Persons

4 Looking Ahead: Improving Respect for IHL

Chapter 17 International Criminal Responsibility of Individuals: ICC

2 Historical Overview

3 Sources of International Criminal Law

4 The Core International Crimes

4.1 The Crime of Genocide

4.2 Crimes against Humanity

4.3 War Crimes

4.4 The Crime of Aggression

5 The International Criminal Court

5.1 Jurisdiction

5.2 Organs of the Court

6 The Implementation and Enforcement of International Criminal Law

7 Other Accountability Mechanisms

8 Controversial Issues

9 Conclusion

Chapter 18 Legal Aspects of the Protection of the Environment

2 Historical Context and Development

3 Principles Underpinning International Environmental Law

3.1 Sustainable Development

3.2 Polluter Pays

3.3 Prevention of Transboundary Harm/Pollution

3.4 Common but Differentiated Responsibilities

3.5 Common Heritage

4 Examples of Key Instruments of International Environmental Law

4.1 The 1992 UN Framework Convention on Climate Change (UNFCCC)/Kyoto Protocol/Paris Agreement

4.2 Convention on Biological Diversity

4.3 UN Convention on the Law of the Sea and Related Instruments

4.4 1985 Vienna Convention for the Protection of the Ozone Layer and Its 1987 Montreal Protocol

5 Conclusion and Outlook

Chapter 19 International Economic Law and Institutions

2 International Trade Law

2.1 Sources of Law

2.2 Institution(s).

2.3 Current/Emerging Challenges.

Notes:

Includes bibliographical references and index.

Description based on publisher supplied metadata and other sources.

Description based on print version record.

ISBN:

90-04-75450-4

9789004754508

OCLC:

1584473865

Publisher Number:

10.1163/9789004754508 DOI