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Preface xv
The Nature of International Law 1
The History of International Law 1
The Rules of International Law 4
The Process of International Law 6
Treaties 9
Treaties as International Law 9
The Law of Treaties 16
The Making of Treaties 18
The Effect of Treaties 27
The Amendment, Invalidity, and Termination of Treaties 33
Custom and Other Sources of International Law 43
Customary International Law 43
Custom as International Law 43
The Art of Customary International Law 46
The Evidences of International Law 50
The Resolutions and Recommendations of International Organizations 53
"Soft Law" 55
The Inelegance of Customary International Law 56
Nonconsensual Sources of International Law 57
General Principles of Law 58
Natural Law 62
Jus Cogens 65
Equity and International Law 69
Equity as a Form of Judicial Discretion 70
Equity as a Form of Distributive Justice 78
The Role ofJudges and Publicists 83
International Law and Municipal Law 87
Dualism and Monism 87
Treaties in Municipal Law 88
Treaties in U.S. Law 89
Treaties in the Law of Some Other States 100
Customary International Law in Municipal Law 105
The Law of Nations as Common Law 105
Constitutions and General International Law 111
Foreign Relations Law 112
International Law and the Interpretation of U.S. Law 116
The International Court 119
Public International Arbitration 119
The Foundations of the International Court 128
The Roles of the International Court 132
The Record of the International Court 132
The International Court as Arbiter 134
The Compulsory Jurisdiction of the International Court 138
The Advisory Jurisdiction of the International Court 150
The International Court and the Development of International Law 154
The Reform of the International Court 156
Preliminary Rulings 157
Chambers 159
The Proliferation of International Courts 163
States and International Law 165
Sovereignty and International Law 165
Hobbes and the Sovereign State 167
Grotius and the Law of War and Peace 169
Law and War 176
The Development of the Laws of War 176
Great Wars and Futile Laws 180
Arms Control and Disarmament 182
International Humanitarian Law 188
The State and International Relations 191
States as Subjects of International Law 191
The Rights and Duties of States 194
Self-Defense, Intervention, and Preemptive War 196
The Territory of States 199
The Recognition and Succession of States and Governments 200
Non-State Actors 204
International Organizations and Regimes 205
International Organizations 205
International Organizations as Subjects of International Law 205
The League of Nations 209
The United Nations 214
International Regimes 221
The Law of the Sea 222
Air Law, Space Law, and Antarctica 234
International Environmental Law 239
Individuals and International Law 247
Individuals as Objects and Subjects of International Law 247
The Positivist Transformation of the Law of Nations 247
State Protection of and Responsibility for Individuals 255
International Human Rights Law 261
Human Rights and Natural Law 261
The Nuremberg Trial and Universal Human Rights Law 264
European Human Rights Law 269
Inter-American Human Rights Law 283
The International Criminal Courts 290
International Law and the International Economy 295
The Transnational Law of Trade and Commerce 295
International Commercial Law 296
International Trade Law 301
European Union Law 305
The European Community 306
The European Court of Justice 309
Community Law as International Law 315
International Commercial Arbitration 317
The Character of International Commercial Arbitration 317
International Chamber of Commerce Arbitration 319
Other International Arbitral Centers 322
International Conflict of Laws 327
Principles of Jurisdiction 328
The Territorial Principle 328
The Nationality Principle 330
The Effects Principle 331
Other Principles of Jurisdiction 334
Judicial Conflicts and Cooperation 336
Comity, Constitutional Limits, and Forum Non Conveniens 336
International Legal Limits to State Jurisdiction 345
Foreign Judgments and Awards 349
Judicial Assistance and Extradition 353
Immunities to Jurisdiction 357
Foreign Sovereign Immunity 357
The Act of State Doctrine 364
Diplomatic and Consular Immunities 371
Table of Municipal Constitutions and Statutes 375
Table of Treaties 377
Table of Cases 383
Index 387
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Add International Law, Fifth Edition, Using proven Examples & Explanations pedagogy, this comprehensive study guide provides students with a short account of the law, followed by a variety of concrete examples and explanations that help reinforce and give substance to the key rules and co, International Law, Fifth Edition to the inventory that you are selling on WonderClubX
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Add International Law, Fifth Edition, Using proven Examples & Explanations pedagogy, this comprehensive study guide provides students with a short account of the law, followed by a variety of concrete examples and explanations that help reinforce and give substance to the key rules and co, International Law, Fifth Edition to your collection on WonderClub |