CONTENTS
Preface to the ninth edition = xi
Abbreviations = xv
Table of Cases = xxi
Introduction Foundation and development of international law = 1
Chapter 1 Foundation of international law = 3
THE NATURE OF INTERNATIONAL LAW = 3
1 Concept of international law = 4
2 Ius cogens = 7
3 Legal force of international law = 8
4 Practice and the legal nature of international law = 13
5 The basis of international law = 14
6 States as the normal subjects of international law = 16
7 Persons other than states as subjects of international law = 16
SOURCES OF INTERNATIONAL LAW = 22
8 Meaning of'source' = 23
9 The sources of international law" = 24
10 Custom = 25
11 Treaties = 31
12 General principles of law = 36
13 Decisions of tribunals = 41
14 Writings of authors = 42
15 Equity = 43
16 International organisations and the sources of international law = 45
17 International comity and morality = 50
RELATION BETWEEN INTERNATIONAL LAW AND MUNICIPAL LAW = 52
18 International law and municipal law: differences of doctrine = 53
19 International law and municipal law: the position in various states = 54
20 Presumption against conflicts between international and national law = 81
21 Municipal law and the fulfilment of international obligations = 82
UNIVERSALITY OF INTERNATIONAL LAW = 87
22 Universality of the international community = 87
23 Universality of international law = 91
CODIFICATION OF INTERNATIONAL LAW = 96
24 Movement in favour of codification = 97
25 Work of the first Hague Peace Conference = 99
26 Work of the second Hague Peace Conference = 99
27 Codification in the period after the First World War = 100
28 Codification under the League of Nations = 101
29 The Hague Codification Conference of 1930 = 102
30 The International Law Commission = 103
31 Codification and development of international law = 110
32 The revision of international law = 114
Part 1 The subjects of international law = 117
Chapter 2 International persons = 119
SOVEREIGN STATES AS INTERNATIONAL PERSONS = 119
33 The concept of international person = 119
34 Concept of the state = 120
35 States less than sovereign = 123
36 Divisibility of sovereignty contested = 124
37 The problem of sovereignty in the 20th century = 125
RECOGNITION OF STATES AND GOVERNMENTS = 126
38 Recognition in general = 127
39 Recognition and membership of the international community = 128
40 Recognition or states = 130
41 Precipitate recognition = 143
42 Recognition of new heads and governments of old states = 146
43 When coming into power normally and constitutionally = 147
44 When coming into power abnormally and in a revolutionary manner = 148
45 Criteria for recognition of governments = 150
46 De facto recognition = 154
47 Consequences of recognition of new states and governments = 158
48 Retroactivity of recognition = 161
49 Recognition and civil wars: recognition of belligerency and insurgency = 161
50 Implied recognition = 169
51 Conditional recognition = 175
52 Withdrawal of recognition = 176
53 Recognition and participation in the United Nations = 177
54 The principle of non-recognition = 183
55 State practice and non-recognition = 186
56 Consequences of non-recognition = 197
CHANGES IN THE CONDITION OF STATES = 204
57 Changes not affecting states as international persons = 204
58 Changes affecting states as international persons = 206
59 Extinction of states = 206
SUCCESSION OF STATES = 208
60 Succession of states = 208
61 How far succession takes place = 209
62 Absorption or merger = 210
63 Dismemberment = 219
64 Separation；secession = 222
65 Transfer of territory = 224
66 Former dependent territories = 227
67 Succession of governments, and on the suppression of a revolt = 234
68 State succession: recent developments = 236
69 Vienna Convention on Succession of States in respect of Treaties 1978 = 237
70 Vienna Convention on Succession of States in respect of State Property, Archives and Debts 1983 = 240
COMPOSITE INTERNATIONAL PERSONS = 245
71 Composite international persons in general = 245
72 States in personal union = 245
73 States in real union = 246
74 Confederated states (Staatenhund) = 246
75 Federal states (Bndesstaaten) = 248
76 Federal states and the implementation of international obligations = 253
77 Customs unions = 255
THE COMMONWEALTH = 256
78 Progress of self-governing dominions towards independence = 257
79 The Commonwealth since 1945 = 261
80 The legal nature of the Commonweaith = 265
STATES UNDER PROTECTION = 266
81 States under protection = 267
82 International position of states under protection = 269
83 Recent and existing protectorates = 271
DEPENDENT TERRITORIES = 275
84 Colonies = 275
85 Non-self-governing territories and the United Nations Charter = 282
MANDATED AREAS = 295
86 The general features of the mandate system = 295
87 National status of the inhabitants = 298
88 South West Africa (Namibia) = 300
TERRITORIES UNDER THE SYSTEM OF TRUSTEESHIP = 308
89 In general = 308
90 Territories under the trusteeship system = 308
91 The objects of the trusteeship system = 309
92 The trusteeship agreements = 310
93 Strategic trust areas = 313
94 The Trusteeship Council = 314
95 Sovereignty over trust territories = 316
NEUTRALISED STATES = 318
96 Concept of neutralised states = 319
97 Switzerland = 321
98 Austria = 323
THE HOLY SEE = 325
99 The former Papal States = 325
100 The Italian Law of Guarantee 1871 = 325
101 The Lateran Treaty 1929 = 326
102 The status of the Vatican City in international law = 327
Chapter 3 Position of the states in international law = 330
BASES OF STATEHOOD = 330
103 International personality = 330
104 The legal bases of statehood = 331
105 Declaration on Principles of International Law concerning Friendly Relations and Cooperation among States 1970 = 333
106 Economic rights and duties of stares = 335
EQUALITY OF STATES IN INTERNATIONAL LAW = 339
107 Equality an inference from the basis of international law = 339
108 Equality of states and international legislation = 341
109 Equality of states and immunity from jurisdiction = 341
110 Exceptions to Jurisdictional immunity = 355
111 Equality of states and government action affecting state property = 363
112 State equality and recognition of foreign official acts: 'act of state' = 365
113 Foreign legislation contrary to international law = 371
114 State equality and non-discrimination = 376
DIGNITY = 379
115 Consequences of the dignity of states = 379
116 Maritime ceremonials = 381
INDEPENDENCE AND TERRITORIAL AND PERSONAL AUTHORITY = 382
117 Independence, and territorial and personal authority, as aspects of sovereignty = 382
118 Consequences of independence and territorial and personal authority = 382
119 Violations of independence and territorial and personal authority = 385
120 Restrictions upon independence = 390
121 Restrictions upon territorial authority = 391
122 Subversive activities against other states = 393
123 Restrictions upon personal authority = 406
124 Abuse of rights = 407
125 Protection of the environment = 410
SELF-PRESERVATION AND SELF-DEFENCE = 416
126 Self-preservation = 416
127 the right of self-defence = 417
INTERVENTION = 427
128 Prohibition of intervention = 428
129 Concept and character of intervention = 430
130 Assistance on request = 435
131 Circumstances which may justify intervention = 439
132 Collective intervention in the general interest = 447
133 Political aspects of intervention = 449
INTERCOURSE = 451
134 Intercourse between stares = 451
135 Rights of Intercourse and economic cooperation = 452
JURISDICTION = 456
136 State jurisdiction in general = 456
137 Territorial jurisdiction = 458
138 Jurisdiction over citizens abroad = 462
139 Jurisdiction over foreigners in foreign states = 466
140 The Lotus case = 478
141 Jurisdiction at sea and in the air = 479
142 Warsaw and Rome Conventions = 484
143 Legal cooperation and assistance = 484
144 Non-enforcement of foreign public law = 488
Chapter 4 Responsibility of states = 499
ON STATE RESPONSIBILITY IN GENERAL = 499
145 Nature of state responsibility = 500
146 Concept of international wrongs = 502
147 States as subjects of international wrongs = 503
148 Individuals as subjects of international wrongs = 505
149 The basis of responsibility = 508
150 Nationality of claims = 511
151 Nationality of claims: double nationality = 515
152 Nationality of claims: corporations = 517
153 Exhaustion of local remedies = 522
154 Bar by lapse of time (extinctive prescription) = 526
155 Reparation as a consequence of international wrongs = 528
156 Penal damages = 533
157 Criminal responsibility of states = 533
158 International claims = 536
STATE RESPONSIBILITY FOR ACTS OF STATE ORGANS = 539
159 Responsibility varies with organs concerned = 540
160 Internationally injurious acts of Heads of States = 541
161 Internationally injurious acts of members of governments = 542
162 Internationally injurious acts of diplomatic envoys = 542
163 Internationally injurious activity of parliaments = 542
164 Internationally injurious acts of judicial organs. Denial of Justice = 543
165 Internationally injurious acts of administrative officials and members of armed forces = 545
STATE RESPONSIBILITY FOR ACTS OF PRIVATE PERSONS = 548
166 State responsibility for acts of private persons = 549
167 Responsibility for acts of insurgents and rioters = 550
Index = 1
