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Akehurst's modern introduction to international law / 7th rev. ed

Akehurst's modern introduction to international law / 7th rev. ed (Loan 89 times)

Material type
단행본
Personal Author
Malanczuk, Peter. Akehurst, Michael Barton.
Title Statement
Akehurst's modern introduction to international law / Peter Malanczuk.
판사항
7th rev. ed. / Peter Malanczuk.
Publication, Distribution, etc
London ;   New York :   Routledge,   c1997.  
Physical Medium
xxii, 449 p. ; 25 cm.
ISBN
041511120X (pbk. : alk. paper) 0415165539 (alk.paper)
General Note
Rev. ed. of: A modern introduction to international law / Michael Akehurst. 6th ed. 1987.  
Bibliography, Etc. Note
Includes bibliographical references and index.
Subject Added Entry-Topical Term
International law.
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020 ▼a 041511120X (pbk. : alk. paper)
020 ▼a 0415165539 (alk.paper)
040 ▼a DLC ▼c DLC ▼d FCI ▼d UKM ▼d 211009
049 1 ▼l 111109016 ▼l 911000611 ▼f 국대원 ▼l 111248603
050 0 0 ▼a KZ1242 ▼b .M35 1997
082 0 0 ▼a 341 ▼2 23
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090 ▼a 341 ▼b A313m7
100 1 ▼a Malanczuk, Peter.
245 1 0 ▼a Akehurst's modern introduction to international law / ▼c Peter Malanczuk.
250 ▼a 7th rev. ed. / ▼b Peter Malanczuk.
260 ▼a London ; ▼a New York : ▼b Routledge, ▼c c1997.
300 ▼a xxii, 449 p. ; ▼c 25 cm.
500 ▼a Rev. ed. of: A modern introduction to international law / Michael Akehurst. 6th ed. 1987.
504 ▼a Includes bibliographical references and index.
650 0 ▼a International law.
700 1 ▼a Akehurst, Michael Barton. ▼t Modern introduction to international law.

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Contents information

Table of Contents


CONTENTS
Preface = xiii
Abbreviations = xvii
1 Introduction = 1
  The problem of defining international law = 1
  General and regional inetrnational law = 2
  Characteristics of international law = 3
  International law as 'law' = 5
  The scope of International law = 7
2 History and theory = 9
  The formation of European international law = 10
  Features of European international law in state practice after 1648 = 11
    Colonization and the relation to non-European powers = 12
    The Western hemisphere = 14
    Theory : naturalists and positivists = 15
    The theory of sovereignty = 17
  Legal results of the period up to the First World War = 18
    The unlimited right to use force = 19
    The peaceful settlement of disputes = 20
    Prohibition of the slave trade = 21
    Humanization of the law of warfare = 21
    First forms of international orgnizations = 22
    The Hague Peace Conferences of 1899 and 1907 = 22
  The watershed after the First World War = 23
    The League of Nations = 23
    The attempt to restrict the use of force = 24
    Other functions of the League = 24
    The Permanent Court of Justice = 24
    Failure of the League system = 25
  Development after the Second World War = 26
    The prohibition of the use of force and collective security in the United Nations Charter = 26
    Decolonization and change in the composition of the international community = 28
    Attitudes of Third World states towards inernational law = 28
    Universality and the challenge to the unity of international law = 30
    New developments in theory = 32
3 Sources of inernational law = 35
  Treaties = 36
    Law-making treaties and 'contract treaties' = 37
    Parties to international treaties and 'internationalized contracts' = 38
  Custom = 39
    Where to look for evidence of customary law = 39
    The problem of repetition = 41
    What states say and what states do = 43
    The psychological element in the formatin of customary law(opinio iuris) = 44
    'Instant' customary law = 45
    Universality and the consensual theory of inernational law = 46
  General principles of law = 48
  Judicial decisions = 51
  Learned writers = 51
  Other possible sources of inernational law = 52
    Acts of inernational orgnizations = 52
    'Soft' law = 54
    Equity = 55
  The hierarchy of the sources = 56
    Ius cogens = 57
    Obligations erga ommes and 'Inernational crimes' = 58
  Codification of inernational law = 60
4 Inernational law and municipal law = 63
  Dualist and monist theories = 63
  The attitude of international law to municipal law = 64
  The attitude of national legal international law to municipal law = 65
    Treaties = 65
    Custom and general principles = 68
    Conclusions = 71
  Public international law and private inernational law = 71
5 States and governments = 75
  States = 75
    Defined territory = 75
    Population = 76
    Effective control by a government = 77
    Capacity to enter into relations with other states = 79
    Self-determination and recognition as additional criteria = 80
    Federal states = 81
  Governments = 81
  Recognition of states and governments in inernational law = 82
    Recognition of states = 82
      Legal effects of recognition in inernational law = 83
      Legal effects in domestic law = 86
    Recognition of governments = 86
    De jure and de facto recognition = 88
6 International orgnizations, individuals, companies and groups = 91
  International orgnizations = 92
  Non-governmental orgnizations(NGOs) = 96
  Individuals and companies = 100
  Insurgents and national liberation movements = 104
  Ethnic minorities and indigenous peoples = 105
    Minorities = 105
    Indigenous peoples = 106
7 Jurisdiction = 109
  Forms of jurisdiction = 109
  Criminal jurisdiction of national courts = 110
    Territorial principle = 110
    Nationality principle = 111
    Protective principle = 111	
    Universality principle = 112
    Universal jurisdiction of national courts over crimes against human rights = 113
    'Ivan the Terrible' - The trial of John Demjanuk = 115
  Conflicts of jurisdiction = 116
  Extradition = 117
8 Immunity from jurisdiction = 118
  Sovereign(or state) immunity = 118
  The act of state doctrine = 121
  Diplomatic immunity = 123
    Immunity from the jurisdiction of courts = 125
    Other privileges and immunities = 126
  Consular immunity = 127
  Immunities of international organizations = 127
  Waiver of immunity = 128
9 Treaties = 130
  Conclusion and entry into force of treaties = 131
    Adoption of the text of a treaty = 131
    Consent to be bound by a treaty = 131
    Entry into force = 134
    Reservations = 135
    Registration = 136
  Application of treaties = 137
    Territorial scope of treaties = 137
    Treaties and third states = 137
    Applicatin of successive treaties relating to the same subject matter = 137
  Invalid treaties = 137
    Provisions of municipal law regarding competence to conclude treaties = 138
    Treaties entered into by persons not authorized to represent a state = 138
    Specific restrictions on authority to express the consent of a state = 139
    Coercion of a representative of a state = 139
    Coercion of a state by the threat or use of force = 139
    Other causes of invalidity = 140
    The consequences of invalidity = 140
  Termination of treaties = 141
    Termination in accordance with the provisions of a treaty = 141
    Termination by consent of the paries = 141
    Implied right of denunciation or withdrawal = 142
    Termination or suspension of a treaty as a consequence of its breach(discharge through breach) = 142
    Supervening impossibility of performance = 144
    Fundamental change of circumstances(rebus sic stantibus) = 144
    Emergence of a new peremptory norm(ius cogens) = 145
    Outbreak of war = 145
    Consequences of termination or suspension = 146
10 Acquisition of territory = 147
  Modes of acquisition of territory = 147
    Cession = 148
    Occupation = 148
    Prescription = 150
    Operations of nature = 151
    Adjudication = 151
    Conquest = 151
  Acquiescence, recognition and estoppel = 154
  Intertemporal law = 155
  Legal and political arguments = 157
  Minor rights over territory = 158
    Servitudes = 158
11 Legal consequences of changes of sovereignty over territory(state succession) = 161
  Treaties = 162
    Treaties dealing with rights over territory = 162
    Other types of treaties = 163
      The principle of 'moving treaty boundaries' = 163
      Decolonizatin and new states = 164
  Recent practice = 165
    Secession = 165
      Baltic states = 165
    Dismemberment = 166
      Soviet Union = 166
      Yugoslavia = 167
      Czechoslovakia = 167
    Unification = 167
      Germany = 167
      Yemen = 168
  International claims = 169
  Nationality = 169
  Public property = 169
  Private property = 170
    Contractual rights = 170
12 The Law the sea = 173
  Internal waters = 175
  Territorial sea = 176
    The right of innocent passage = 176
    Rights of the coastal state over the territorial sea = 177
    The width of the territorial sea = 178
    The line from which the territorial sea is measured = 180
  The contiguous zone = 182
  Exclusive fishery zones and exclusive economic zones = 183
  The high seas = 184
    Interference with ships on the high seas = 186
    Jurisdiction of municipal courts over crimes committed on the high seas = 190
  The continental shelf = 191
  The deep seabed = 193
  Maritime boundaries = 195
13 Air space and outer space = 198
  Air space = 198
  Outer space = 201
  The 'common heritage of mankind' principle = 207
14 Human rights = 209
  The concept of human rights = 209
  Human rights on the universal level = 211
    The United Nations Charter = 211
    The Universal Declaration of Human Rights = 212
    United Nations bodies active in the field of human rights = 213
    The 1966 Covenants = 215
    Other human rights instruments on the universal level = 216
  Human rights on the regional level = 217
    The European Convention for the Protection of Human Rights and Fundamental Freedoms = 217
    Other regional instruments = 219
  Human rights as a matter of international concern = 220
15 Economy = 222
  The Bretton Woods system and international economic organizations = 223
    The International Monetary Fund(IMF) = 225
    The world Bank = 227
    The GATT = 228
  The new World Trade Organization = 231
    The trade agreements on goods = 231
    The Agreement on Services(GATS) = 232
    The Agreement on Intellectual Property Rights(TRIPS) = 232
    Institutional aspects = 233
  Developing countries and the legal quest for a New International Economic Order = 233
  Expropriatin and standard of compensation = 235
    Disguised expropriation = 238
    Expropriation of contractual rights = 238
  The right to development = 239
16 Environment = 241
  The scope and nature of international environmental law = 242
  Customary law and general principles = 245
  The United Nations Conference on Environment and Development = 247
    The Convention on Climate Change = 248
    The Biodiversity Convention = 249
    The Rio Declaration and Agenda 21 = 250
  Conclusions = 251
17 State responsibility = 254
  The work of the International Law Commission = 254
  State responsibility and the treatment of aliens = 256
    'Imputability' = 257
    The minimum international standard = 260
    Preliminary objections = 262
    Nationality of claims = 263
    Exhaustion of local remedies = 267
    Waiver = 268
    Unreasonable delay and improper behaviour by the injured alien = 269
  Consequences of an internationally wrongful act = 269
  Countermeasures and dispute settlement = 271
18 Peaceful settlement of disputer between states = 273
  Diplomatic methods of dispute settlement = 275
    Negotiations = 275
    Good offices and mediation = 275
    Fact-fingding and inquiry = 277
    Conciliation = 278
  Legal methods of dispute settlement = 281
    Adjudication = 281
    The International Court of Justice = 281
      Composition = 282
      Jurisdiction in contentious cases = 282
      Procedure = 287
      Ad hoc chambers = 288
      Enforcement of judgments = 288
      Advisory opinions = 289
      Evaluation of the Court = 290
    Arbitration = 293
      ICSID = 295
      The Iran-United States Claims Tribunal = 296
  Settlement of disputes under the Law of the Sea Convention = 298
  Conclusions = 300
19 International wars, civil wars and the right to self-determination : ius ad bellum = 306
  Lawful and unlawful wars : developments before 1945 = 306
  The prohibition of the use of force in the United Nations Charter = 309
  Self-defence = 311
    Preventive self-defence = 311
    Self-defence and claims to territory = 314
    Self-defence against attacks on ships and aircraft = 315
    Armed protection of nationals abroad = 315
    Armed reprisals = 316
    Immediacy and proportionality = 316
    Collective self-defence = 317
  Civil wars = 318
    The legality of civil wars = 318
    Participation by other stated : help for the insurgents = 319
    Participation by other stated : help for the extaloished authorities = 322
      The theory that help for the established authorities is legal = 322
      The theory that help for the established authorities is illegal = 323
    Collective self-defence against subversion = 324
    Conclusion = 325
  Self-determination and the use of force = 326
    Mandated territories, trust territories and non-self-governing territories = 327
      Mandated territories = 327
      Trust territories = 328
      South West Africa(Namibia) = 328
      Non-self-governing territories = 329
    Double standards? = 332
    Consequences of violations of the right of self-determination = 334
      Coration of new states = 334
      Title to territory = 334
      Wars of national liberation = 336
    New developments = 338
  The effectiveness of the modern rules against the use of force = 341
20 Means of waging war and criminal responsibility : ius in bello = 342
  Lawful and unlawful means of waging war = 342
    Nuclear weapons = 346
    The law of neutrality and economic uses of maritime warfare = 350
    Reprisals = 351
  Rules governing the conduct of civil wars = 352
  War crimes trials = 353
    The International Criminal Tribunal for the Former Yugoslavia = 355
      Jurisdiction of the Tribunal = 356
      The work of the Tribunal = 358
    The Rwanda Tribunal = 360
    Towards a permanent international criminal court? = 360
  Possible future developments = 361
21 The Charter and the organs of the United Nations = 364
  The United Nations Charter and the problem of interpretation = 364
    Literal interpretation = 365
    Intention and travaux pr e' paratoires = 366
  Practice = 366
    Effectiveness and implied powers = 367
    The purposes of the United Nations = 368
    Domestic jurisdiction = 368
  Membership = 369
    The representation of China = 371
    The case of Yugoslavia = 372
  The organs of the United Nations = 373
    The Security Council = 373
    The General Assembly = 377
    The Secretariat = 380
    The Economic and Social Council and the specialized agencies = 382
22 The United Nations and peace and security = 385
  Pacific settlement of disputes under the United Nations Charter(Chapter Ⅵ) = 385
  Collective security and enforcement action(Chapter Ⅶ) = 387
    Practice under Chapter Ⅶ during the Cold War = 390
      The United Nations force in Korea = 391
      The Uniting for Peace Resolution = 392
      Rhodesia and South Africa = 393
    Practice under Chapter Ⅶ after the end of the Cold War = 395
      The invasion of Kuwait by Iraq = 396
      The Kurdish crisis = 399
      Somalia = 402
      Rwanda = 405
      Haiti = 407
      Yugoslavia = 409
  UN peacekeeping = 416
    The 'old' peacekeeping during the Cold War = 416
      The first United Nations Emergency Force in the Middle East(UNEF) = 417
      The United Nations Force in the Congo(ONUC) = 418
      The Expenses case = 420
      The United Nations Forc in Cyprus(UNFICYP) = 420
      New forces in the Middle East = 422
    New forms of peacekeeping after the Cold War = 423
  Conclusion = 425
Table of cases = 431
Table of treaties, declarations and other documents = 435
Index = 441

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