International Law: summaries of legendary standard works, literature and manuals
Summary: Law of Public International Organizations
- Chapter 1: Introduction
- Chapter 2: The creation of international organizations
- Chapter 3: The legal position
- Chapter 4: The doctrines of powers
- Chapter 6: Membership issues
- Chapter 7: Funding
- Chapter 8: Immunities
- Chapter 9: Institutional structures
- Chapter 10: Legal instruments
- Chapter 11: Decision making & judicial review
- Chapter 12: Dispute settlement
- Chapter 13: Treaty-making
- Published in
Chapter 1: Introduction
The activities of international organizations are subject to law, and give rise to law. Each and every international organization has a set of rules relating to its own functioning. As international organizations do not exist in a vacuum, their activities are also bound to exercise some influence on other legal systems, and absorb the influence of such systems. While it is possible that international organizations are influenced by, and exert influence on, the law of individual nation-states, the more direct and influential links usually exist within the body of rules known as international law.
Critical legal theory
The law of international organizations is still somewhat immature. On numerous points the law lacks certainty. In particular, international legal doctrine has a hard time coming to terms with the relationship between an international organization and the very states which are its members. On the one hand, the law is supposed to respect the interests of individual states. Yet at the same time, the law must also take the interests of the international community into account. Following the critical legal tradition, international law is bound to swerve back and forth between these two poles of sovereignty and community. It is this tension which makes international legal rules often ultimately uncertain. This tension also reflects in the law of international organizations, for example regarding the so-called principle of attribution of powers. Strict adherents to the notion of state sovereignty will not easily admit the existence of implied powers; yet for the protection of community interests, an implied power may well be deemed desirable.
The main benefit of critical legal theory is its capacity to make visible the inherent tensions and contradictions which help shape the law. In this way it can provide great services in understanding international institutional law.
Defining international organizations
What exactly is an international organization? While it is structurally impossible to define in a comprehensive manner, something which is a social creation (social constructs, created by people in order to help them achieve some purpose) to begin with, it is common in the literature to delimit international organizations in at least some ways. One delimitation often made depends on the body of law governing the activities of the organization. If those activities are governed by international law, we speak of an international organization, or at least of an intergovernmental organization. If those activities are governed by some domestic law, we usually say that the organization in.....read more
Summary of International Law by Shaw: 7th edition
- Chapter A The nature and development of international law
- Chapter B International law today
- Chapter C Sources
- Chapter D The subjects of international law
- Chapter E Recognition
- Chapter F Jurisdiction
- Chapter G Territory
- Chapter H The Law of the Sea
- Chapter I Immunities from jurisdiction
- Chapter J State responsibility
- Chapter K The law of treaties + State succession
- Chapter L International environmental law
- Chapter M The settlement of disputes by peaceful means
- Chapter N The International Court of Justice
- Chapter O International law and the use of force by states
- Chapter P The United Nations
- Source
Chapter A The nature and development of international law
The principal actors in international law are nation-states, not individual citizens like in domestic or municipal law. International law is divided into conflict of law, private international law and public international law. The latter is usually termed ‘international law’. Public international law covers relations between states in all their forms, and regulates the operations of the many international institutions. It may be universal or general, binding upon all states, or regional, binding upon a select group of states.
International law has no legislature. There is no system of courts operating outside the situation when both parties agree and recognize the concerned Court. International law is constituted in a very different manner than domestic law. Also, there is no unified system of sanctions in international law, but there are circumstances in which the use of force is regarded as justified and legal. Within the United Nations, the Security Council can impose sanctions upon the determination of a threat to the peace, a breach of the peace or an act of aggression. Such sanctions may be economic or military. Another justification of the use of force is in the case of self-defense, but it is bound to rules provided by international law. It is important to realize that states do feel the need to obey the rules of international law, because if they do not act accordingly, the system of international law ceases to exist.
The international system
The international system has a horizontal structure; all states are considered equal. In municipal law, the law is above individuals, but in international law the law only exists between the states. Also, in municipal law, the individual has no influence on the creation of law. In international law, states create it themselves, as international law consists mostly of agreements and treaties developed and signed by states. An important element for states in order to obey international law is the principle of reciprocity. States often do not pursue one particular course of action which might bring them short-term gains, because it could disrupt the mesh of reciprocal tolerance which could bring long-term
.....read more Handbook of International Law
This summary of Handbook of international Law by Aust is written in 2013
- Chapter 1. International law
- Chapter 2. States and recognition
- Chapter 3. Territory
- Chapter 4. Jurisdiction
- Chapter 5. The law of treaties
- Chapter 6. Diplomatic privileges and immunities
- Chapter 7. State immunity
- Chapter 8. Nationality, aliens and refugees
- Chapter 9. International organisations
- Chapter 10. The United Nations, including the use of force
- Chapter 11. Human rights
- Chapter 12. The law of armed conflict (international humanitarian law)
- Chapter 13. International criminal law
- Chapter 14. Terrorism
- Chapter 15. The law of the sea
- Chapter 16. International environmental law
- Chapter 17. International civil aviation
- Chapter 18. Special regimes
- Chapter 19. International economic law
- Chapter 20. State succession
- Chapter 21. State responsibility
- Chapter 22. Settlement of disputes
- Chapter 23. The European Union
- Glossary
Chapter 1. International law
Private international law and transnational law
The term ‘private international law’ refers to what is known as the ‘conflict of laws’. It covers the body of rules of a State’s domestic law which addresses legal issues with foreign elements; these rules determine which legal rules and jurisdiction are applicable.
A number of institutions are responsible for harmonisation of rules concerning conflict of laws. The Hague Conference on Private International Law, established in 1893 is tasked with the harmonisation of domestic rules on conflict of laws; UNIDROIT is responsible for the harmonisation of commercial domestic laws; UNCITRAL is tasked with harmonising international trade law.
The term ‘transnational law’ primarily connotes the study of the laws of multiple States, comparative law, supranational law, and (commercial) public international law. The study of transnational law gives the impression that the laws of States are becoming ever more similar; however, this is not the case.
The nature of international law
International law is generally known as ‘public international law’ (sometimes also as ‘general international law’), in contrast to the public international law described above. It was previously known as the ‘Law of Nations’. Public international law is the product of the actions of States instead of a single national legal system.
The history of public international law is generally said to have started with Hugo Grotius, a Dutch jurist and diplomat, who lived from 1583 to 1645. Another important event in the early history of Public International Law is the Peace of Westphalia in 1648, which concluded the end of the Thirty Years’ War and the period of feudalism in European history. It also marked the emergence of the modern nation state with a strong centralised government exercising control over its subjects. These new states were in need of rules to govern conduct between them. From the mid-seventeenth century these rules governing the relations between states evolved into contemporary international
.....read more An Introduction to International Criminal Law and Procedure
International Criminal Law and Procedure by Cryer e.a.
- Part A: Introduction
- Chapter 1: Aspects of international criminal law
- Chapter 2: The aims of international criminal law
- Part B: Prosecutions in municipal courts and tribunals
- Chapter 3: Jurisdictional issues
- Chapter 4: Domestic trials of international crimes
- Chapter 5: Inter-State collaboration in the context of domestic trials
- Part C: International criminal trials
- Chapter 6: The first international criminal trials: the International Military Tribunals
- Chapter 7: The International Criminal Tribunals for the former Yugoslavia and Rwanda
- Chapter 8: The International Criminal Court
- Chapter 9: Hybrid or internationalised courts
- Part D: The content of international criminal law
- Chapter 10: Genocide
- Chapter 11: Crimes against humanity
- Chapter 12: War crimes
- Chapter 13: Aggression
- Part E: Procedures and standards of international trials
- Chapter 15: Broad liability standards
- Chapter 16: Defences, or grounds for omitting criminal responsibility
- Chapter 17: Rules pertaining to investigations and prosecutions in international criminal law
- Chapter 18: The role of victims in international trials
- Chapter 19: Punishments
- Part F: Links between municipal and international criminal jurisdictions
- Chapter 20: Collaboration of States with international criminal jurisdictions
- Chapter 21: Inviolabilities
- Chapter 22: Substitutes and supplements for international criminal trials
- Chapter 23: The path forward
- Glossary
- Published in
Part A: Introduction
Chapter 1: Aspects of international criminal law
Introduction
Public international law primarily regulates interactions between States. However, international criminal law is mainly concerned with the conduct of individual persons. If persons violate international laws, that imposes the obligation on States to penalise such actions. International criminal law has been rapidly developing following the Second World War. This means that the broader field of international law is increasingly focusing on protecting humans rather than only the interests and obligations of States. An exception to this is that the crime of aggression can only be committed by (high-ranking) State officials. The project of international criminal law is quite recent.. Especially the Tribunals for the former Yugoslavia and Rwanda established in the 1990s have been important for its case law. International criminal courts and tribunals courts do not possess universal jurisdiction. Their rules are not always homogeneous or consistent. This can be explained partially by the fact that international criminal rules derive from a variety of sources. War crimes, for example, have developed from international humanitarian law. Genocide and crimes against humanity have evolved together with international human rights standards. War crimes, genocide, crimes against humanity and the crime of aggression constitute the most important crimes on which international law focuses. These are also the crimes to which the jurisdiction of the International Criminal Court is limited......read more
Supersummary International Law - Anders Henriksen
With this book, Anders Henriksen has created a complete overview of international law. The book starts of with the basics of international law. All the important terms are discussed in detail. Comparisons are made between international and national but also EU-law.
After the explanation of the basics, different types of law are discussed. The influence of international law is made claer in this respect. The law of the sea, human rights law, environmental law and economic law all fall under international law for some part, but they differ from eachother in certain aspects. What complicates this even more, is that states and international organizations also have established their own rules.
Lastly, it is discussed how international law can be enforced and what happens when it is not obeyed. The book touches on peacefull dispute setlement, use of force, armed conflicts and international criminal law, and the relation between these breaches and solutions of international law.
The book is written especially for students, so everything is neatly structured and clearly explained. This book is perfect for beginning students who are just starting to learn about international law but also provides a very complete and detailed understanding of international law. The fact that de book starts of with the basics and later dives into the more complex issues, makes the material very understandable.
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