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International law

International law (Loan 28 times)

Material type
단행본
Personal Author
Cassese, Antonio.
Title Statement
International law / Antonio Cassese.
Publication, Distribution, etc
New York :   Oxford University Press,   2001.  
Physical Medium
xvii, 469 p. ; 25 cm.
ISBN
0198299982
Bibliography, Etc. Note
Includes bibliographical references and index.
Subject Added Entry-Topical Term
International law.
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001 000000762775
005 20030908132647
008 010726s2001 nyu b 001 0 eng
010 ▼a ?01036907
020 ▼a 0198299982
040 ▼a DLC ▼c DLC ▼d 211009
042 ▼a pcc
049 1 ▼l 111197747 ▼l 111248609
050 0 0 ▼a KZ3395.C25 ▼b A35 2001
082 0 0 ▼a 341/.09 ▼2 21
090 ▼a 341.09 ▼b C344i
100 1 ▼a Cassese, Antonio.
245 1 0 ▼a International law / ▼c Antonio Cassese.
260 ▼a New York : ▼b Oxford University Press, ▼c 2001.
300 ▼a xvii, 469 p. ; ▼c 25 cm.
504 ▼a Includes bibliographical references and index.
650 0 ▼a International law.

Holdings Information

No. Location Call Number Accession No. Availability Due Date Make a Reservation Service
No. 1 Location Main Library/Law Library(Preservation Stacks/B2)/ Call Number 341.09 C344i Accession No. 111197747 Availability Available Due Date Make a Reservation Service B M
No. 2 Location Main Library/Law Library(Preservation Stacks/B2)/ Call Number 341.09 C344i Accession No. 111248609 Availability Available Due Date Make a Reservation Service B M

Contents information

Table of Contents


CONTENTS

Preface = ⅴ

Principal abbreviations = xv

PART Ⅰ ORIGINS AND FOUNDATIONS OF THE INTERNATIONAL COMMUNITY

 1 THE MAIN LEGAL FEATURES OF THE INTERNATIONAL COMMUNITY = 3

  1.1 Introduction = 3

  1.2 The nature of international legal subjects = 3

  1.3 The lack of a central authority, and decentralization of legal 'functions' = 5

  1.4 Collective responsibility = 6

  1.5 The need for most international rules to be translated into national legislation = 9

  1.6 The range of States' freedom of action = 9

  1.7 The overriding role of effectiveness = 12

  1.8 Traditional individualistic trends and emerging community obligations and rights = 13

  1.9 Coexistence of the old and new patterns = 18

 2 THE HISTORICAL EVOLUTION OF THE INTERNATIONAL COMMUNITY = 19

  2.1 Introduction = 19

  2.2 The emergence of the present international community before the Peace of Westphalia = 19

  2.3 Stage 1 : from the Peace of Westphalia to the end of the First World War = 22

  2.4 Stage 2 : from the First to the Second World War = 30

  2.5 Stage 3 : from the UN Charter to the end of the cold war = 35

  2.6 Stage 4 : from the end of the cold war to the present = 44

 3 STATES AS THE PRIMARY SUBJECTS OF INTERNATIONAL LAW = 46

  3.1 Traditional and new subjects = 46

  3.2 Commencement of the existence of States = 47

  3.3 The role of recognition = 48

  3.4 Continuity and termination of the existence of States = 52

  3.5 The spatial dimension of State activities = 55

  3.6 The legal regulation of space, between sovereignty and community interests = 64

 4 OTHER INTERNATIONAL LEGAL SUBJECTS = 66

  4.1 Insurgents = 66

  4.2 The reasons behind the emergence of new international subjects = 69

  4.3 International organizations = 70

  4.4 National liberation movements = 75

  4.5 Individuals = 77

 5 THE FUNDAMENTAL PRINCIPLES GOVERNING INTERNATIONAL RELATIONS = 86

  5.1 Introduction = 86

  5.2 The sovereign equality of States = 88

  5.3 Immunity and other limitations on sovereignty = 91

  5.4 Non-intervention in the internal or external affairs of other States = 98

  5.5 Prohibition of the threat or use of force = 100

  5.6 Peaceful settlement of disputes = 103

  5.7 Respect for human rights = 104

  5.8 Self-determination of peoples = 105

  5.9 Distinguishing traits of the fundamental principles = 109

  5.10 The close link between the principles and the need for their co-ordination = 112

PART Ⅱ CREATION AND ENFORCEMENT OF INTERNATIONAL LEGAL STANDARDS

 6 INTERNATIONAL LAW MAKING : CUSTOM AND TREATIES = 117

  6.1 Introductory remarks = 117

  6.2 Custom = 119

  6.3 Treaties = 126

  6.4 Codification = 136

  6.5 The introduction of jus cogens in the 1960s = 138

 7 INTERNATIONAL LAW MAKING : OTHER LAW-CREATING PROCESSES = 149

  7.1 General = 149

  7.2 Unilateral acts as sources of obligations = 150

  7.3 General principles of international law = 151

  7.4 Sources envisaged in international treaties = 153

  7.5 General principles of law recognized by the community of nations, as a subsidiary source = 155

  7.6 The impact of processes that technically are not law-creating = 159

 8 IMPLEMENTATION OF INTERNATIONAL RULES WITHIN NATIONAL SYSTEMS = 162

  8.1 Relationship between international and national law = 162

  8.2 International rules on implementing international law in domestic legal systems = 166

  8.3 Trends emerging among the legal systems of States = 168

  8.4 Techniques of implementation = 172

  8.5 Statist versus international outlook : emerging trends = 179

 9 STATE RESPONSIBILITY = 182

  9.1 General = 182

  9.2 Traditional law = 182

  9.3 The current regulation of State responsibility : an overview = 184

  9.4 'Ordinary' State responsibility = 187

  9.5 'Aggravated' State responsibility = 200

  9.6 The special regime of responsibility in case of contravention of community obligations provided for in multilateral treaties = 206

  9.7 The current minor role of aggravated responsibility = 211

 10 MECHANISMS FOR PROMOTING COMPLIANCE WITH INTERNATIONAL RULES AND PURSUING THE PREVENTION OR PEACEFUL SETTLEMENT OF DISPUTES = 212

  10.1 Introduction = 212

  10.2 Traditional mechanisms for promoting agreement = 213

  10.3 Traditional mechanisms for settling disputes by a binding decision = 215

  10.4 The new law : an overview = 216

  10.5 The general obligation to settle disputes peacefully = 217

  10.6 Resort to traditional means = 218

  10.7 Strengthening and institutionalization of traditional means = 220

  10.8 The establishment of more flexible mechanisms for either preventing or settling disputes = 223

 11 ENFORCEMENT IN THE CASE OF VIOLATIONS BY STATES = 229

  11.1 Traditional law = 229

  11.2 New trends following the First World War = 233

  11.3 Enforcement of international rules in modern international law = 234

  11.4 Sanctions = 241

  11.5 Retortion = 244

 12 ENFORCEMENT IN THE CASE OF VIOLATIONS BY INDIVIDUALS = 245

  12.1 Traditional law = 245

  12.2 International crimes = 246

  12.3 International crimes and immunity from jurisdiction = 259

  12.4 Prosecution and punishment by State courts = 260

  12.5 Prosecution and punishment by international courts = 266

  12.6 Major differences between State responsibility and individual criminal liability = 271

PART Ⅲ CONTEMPORARY ISSUES IN INTERNATIONAL LAW

 13 THE ROLE OF THE UNITED NATIONS = 275

  13.1 The grand design of the post-Second World War period = 275

  13.2 Goals and structure of the new organization = 277

  13.3 Principal achievements and failures of the UN = 280

  13.4 The current role of the UN = 293

 14 COLLECTIVE SECURITY AND THE PROHIBITION OF FORCE = 296

  14.1 Maintenance of peace and security by central organs or with their authorization = 296

  14.2 Peacekeeping operations = 299

  14.3 Collective measures not involving the use of force = 302

  14.4 Exceptionally permitted resort to force by States = 305

  14.5 Use of force when self-determination is denied = 322

  14.6 The old and the new law contrasted = 322

 15 LEGAL RESTRAINTS ON VIOLENCE IN ARMED CONFLICT = 325

  15.1 Introduction = 325

  15.2 Classes of war = 325

  15.3 Traditional law in a nutshell = 326

  15.4 New developments in modern armed conflict = 328

  15.5 The new law : an overview = 330

  15.6 Current regulation of international armed conflict = 331

  15.7 Current regulation of internal armed conflict = 343

  15.8 The role of law in restraining armed violence = 348

 16 PROTECTION OF HUMAN RIGHTS = 349

  16.1 Introduction = 349

  16.2 Traditional international law = 350

  16.3 The turning point : the UN Charter = 351

  16.4 Trends in the evolution of international action on human rights = 353

  16.5 Human rights and customary international law = 370

  16.6 The impact of human rights on customary international law = 372

  16.7 The present role of human rights = 372

 17 PROTECTION OF THE ENVIRONMENT = 375

  17.1 Traditional law = 375

  17.2 New developments in industry and technology = 378

  17.3 The current regulation of the protection of the environment = 379

  17.4 Institutional bodies in charge of protection of the environment = 388

  17.5 State responsibility and civil liability for environmental harm = 389

  17.6 Liberalization of trade versus protection of the environment = 392

 18 LEGAL ATTEMPTS AT NARROWING THE GAP BETWEEN NORTH AND SOUTH = 394

  18.1 The colonial relationship = 394

  18.2 Main features of developing countries' economic structure = 395

  18.3 The most fundamental economic needs of developing countries = 397

  18.4 International economic institutions established towards the end of the Second World War = 398

  18.5 The principal demands and the legal strategy of developing countries = 399

  18.6 The action of the world community : general = 402

  18.7 Modification of international economic institutions = 403

  18.8 Multilateral co-operation for development = 410

  18.9 The promotion of foreign investment in developing countries = 415

  18.10 A tentative stock-taking = 418

Notes = 419

Index = 463



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