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.
International Law Anders Henriksen
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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.
International Law provides comprehensive and concise coverage of the central issues in public international law. The text takes a critical perspective on various aspects of international law, introducing the controversies and areas of debate without assuming prior knowledge of the topics discussed. Supporting learning features, including central issues boxes, chapter summaries, recommended reading and discussion questions, highlight the essential points. Topics covered include the history of international law, legal sources, the law of treaties, legal personality, jurisdiction and state immunity. The text also looks at the international law of the sea, human rights law, international environmental law, international economic law, the peaceful settlement of disputes, the use of force, the laws of armed conflict and international criminal law.
The international legal society has its own legal sources and the discussion therefore takes itsnatural point of departure in article 38 of the ICJ Statute. According to that article, sources ofinternational law can be divided into those of a primary and those of a secondary nature. Whiletreaties, customary international law and general principles constitute the primary andundoubtedly most important legal sources, judicial decisions and scholarly contributions arelisted as merely secondary sources of law. Article 38 is not exhaustive, however, andinternational legal answers may be found elsewhere too, most notably in unilateral statementsby states. While the sources of international law are generally considered to possess the same
Like other societies, the society of states has rules and principles that govern the agreementsentered into by its legal subjects, and the law of treaties is one of the oldest and most importantareas of public international law. The primary rules in the area of the law of treaties are found inthe 1969 VCLT, which, for the most part at least, reflects customary international law. The 1969Convention regulates the conclusion and entry into force of treaties, the application andinterpretation of treaties, the validity and termination of treaties and the withdrawal from treati es,and is intended to be applied to all types of treaties whether bilateral or multilateral. For themost part, the rules resemble domestic rules for the creation and operation of contracts and, aswith national contract law, the law of treaties is not concerned with the material content of theinstrument itself. While the majority of the rules and principles are uncontroversial, iss uesrelating to treaty reservations and the interpretation of treaties remain contentious and thereforefairly complex.
1 Introduction Public international law deals with legal issues of concern to more than one state. It is defined as the system of law that regulates the interrelationship of sovereign states and their rights and duties to one another. Other actors OI and individuals may also possess rights and/or obligations under international law. o International law reflects the society to which it applies. o International regulation is everywhere around us. International law remains: o a system of law that is very different from the national legal system most lawyers are familiar with. Unlike in a domestic legal system there is neither a legislative nor an executive branch in the international legal system. o a decentralized legal system in which it is primarily up to the legal subjects themselves to create, interpret and enforce the law.
Cultures and communities have traded and interacted for millennia and there are numerous historical records of thecreation of more or less formal practices and mutual expectations that may be considered to be early traces of what wetoday call international law.
The period was also the dawn of colonialism, and the early confrontations between Spanish explorers and native Indianpopulations and kingdoms in the New World posed a challenge to the philosophers and legal scholars of the time. Not until the 17th and 18th centuries that we begin to see the contours of a modern international legal system, a much clearer distinction was introduced between jus naturale and jus gentium.
The international legal system that we recognize today is generally tied to the emergence and consolidation of nationstates in Europe. The birth of the international state system 1648 Peace of Westphalia that brought an end to theThirty years War that had ravaged continental Europe.
Westphalia was a decisive turning point and what had initially merely been conceived of as a concept od order for war-torn continental Europe spread to the rest of the world and to this day remains a key building block of international law.
Unlikely natural law, positive law does not envisage a universal legal system but rather one that is fragmented and in which states are bound by different legal obligations. Positivism owed much of its appeal as theory of international law to the emergence of formal institutions of international law.
Since the 1648 Peace of Westphalia, the centre of the international system has been the sovereign state andinternational society is first and foremost a society of individual national states. The international law serves as asupplement to national law, only when an issue is of interest to more than one national sovereign will international lawenter the picture. The scope of international law is determined by the inadequacy of national law. The content of international law as the concrete answers to the questions that cannot be answered in national law must be found in international law.
As a result the theoretical debate has moved away from the dichotomy between monism/dualism and instead turned to pluralism.1 The Issue of enforcement of international lawOne of the ways in which the international legal system differs from a national legal setting is in its lack of an internationalpolice force and a mandatory judicial system that can enforce law
Complaint mechanism courts and tribunals with competence to hear complaints and decide disputes about allegedbreaches if international law: o Hague-based ICJ o Permanent Court of Arbitration PCA o International Tribunal for the law of the Sea ITLOS o Dispute Settlement Body DSB within the WTO system
1 The alleged inadequacy of international law in the 21 st century The existing state-centric configuration of the international legal system is outdated and at times counterproductive to creating a more fair and just world. Order may be a value in itself and those who argue for less respect for states sovereignty should remind themselves that it is often hard to realize broader societal goals in a society without order and stability. At present, the state system remains alive and well and states seem destined to remain the principal international legal actors for the foreseeable future. be457b7860
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