Oppenheim's international law, Volume 1, Part 1

Front Cover
Longman, 1992 - Law
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Contents

Contents Preface to the ninth edition
xi
Abbreviations
xv
Table of Cases
xxi
Introduction Foundation and development of international law
1
Foundation of international law
3
Concept of international law
4
Ius cogens
7
Legal force of international law
8
Recent and existing protectorates
271
DEPENDENT TERR1TOR1ES
275
Nonselfgoverning territories and the United Nations Charter
282
MANDATED AREAS
295
National status of the inhabitants
298
South West Africa Namibia
300
TERRITORIES UNDER THE SYSTEM OF TRUSTEESH1P
308
The objects of the tmsteeship system
309

Practice and the legal nature of international law
13
The basis of international law
14
States as the normal subjects of international law
16
souncss or INTERNATIONAL LAW
22
Meaning ofsource
23
The sources of international law
24
Custom
25
Treaties
31
General principles of law
36
Decisions of tribunals
41
Writings of authors
42
Equity
43
International organisations and the sources of international law
45
International comity and morality
50
differences of doctrine
53
the position in various states
54
Presumption against conflicts between international and national law 8l 21 Municipal law and the fulfilment of international obligations
82
UNIVERSAL1TY OF INTERNATIONAL LAW 22 Universality of the international community
87
Universality ofinternational law
92
CODIF1CATION OF 1NTERNAT1ONAL LAW 24 Movement in favour of codification
97
Work of the first Hague Peace Conference
99
Codification in the period after the First World War
100
Codification under the League of Nations
101
The Hague Codification Conference of 1930
102
The International Law Commission
103
Codification and development of international law
110
The revision of international law
114
The subjects of international law
117
International persons
119
Concept of the state
120
States less than sovereign
123
Divisibility of sovereignty contested
124
The problem of sovereignty in the 20th century
125
RECOGNIT1ON OF STATES AND GOVERNMENTS
126
Recognition in general
127
Recognition and membership of the international community
128
Recognition of states
130
Precipitate recognition
143
Recognition of new heads and governments of old states
146
When coming into power normally and constitutionally
147
When coming into power abnormally and in a revolutionary manner
148
Criteria for recognition of governments
150
De facto recognition
154
Consequences of recognition of new states and governments
158
Retroactivity of recognition
161
Implied recognition
169
Conditional recognition
175
Withdrawal of recognition
176
Recognition and participation in the United Nations
177
The principle of nonrecognition
183
State practice and nonrecognition
186
Consequences of nonrecognition
197
CHANGES 1N THE CONDIT1ON OF STATES
204
Changes affecting states as international persons
206
SUCCESSION OF STATES
208
How far succession takes place
209
Absorption or merger
210
Dismemberment
219
Separation secession
222
Transfer of territory
224
Former dependent territories
227
Succession of governments and on the suppression of a revolt
234
recent developments
236
Vienna Convention on Succession of States in respect of Treaties 1978
237
Vienna Convention on Succession of States in respect of State Property Archives and Debts 1983
240
COMPOSITE 1NTERNAT1QNAI PERSONS
245
States in real union
246
Federal states Bundesstaaten
248
Federal states and the implementation of international obligations
253
Customs unions
255
THE COMMONWEALTH
256
Progress of selfgoverning dominions towards independence
257
The Commonwealth since 1945
261
The legal nature of the Commonwealth
265
STATES UNDER PROTECTION
267
International position of states under protection
269
The trusteeship agreements
310
Strategic trust areas
313
The Trusteeship Council
314
Sovereignty over trust territories
316
NEUTRAL1SED STATES
318
Concept of neutralised states
319
Switzerland
321
Austria
323
THE HOLY SEE
325
The Lateran Treaty 1929
326
The status of the Vatican City in international law
327
Position of the states in international law
330
The legal bases of statehood
331
Declaration on Principles of International Law concerning Friendly Relations and Cooperation among States 1970
333
Economic rights and duties of states
335
EQUALITY OF STATES 1N 1NTERNAT1QNAL LAW
339
Equality of states and international legislation
341
Exceptions to jurisdictional immunity
355
Equality of states and government action affecting state property
363
act of state
365
Foreign legislation contrary to international law
371
State equality and nondiscrimination
376
DIGN1TY
379
Maritime ceremonials
381
INDEPENDENCE AND TERRITORIAL AND PERSONAL AUTHQR1TY
382
Consequences of independence and territorial and personal authority
385
Restrictions upon independence
390
Restrictions upon territorial authority
391
Subversive activities against other states
393
Restrictions upon personal authority
406
Abuse of rights
407
Protection of the environment
410
SELFPRESERVATION AND SELFDEFENCE
416
The right of selfdefence
417
INTERVENT1ON
428
Concept and character of intervention
430
Assistance on request
435
Circumstances which may justify intervention
439
Collective intervention in the general interest
447
Political aspects of intervention
449
1NTERCOURSE
451
Rights of intercourse and economic cooperation
452
JURISDICTION
456
Territorial jurisdiction
458
urisdiction over citizens abroad
462
urisdiction over foreigners in foreign states
466
The Lotus case
478
urisdiction at sea and in the air
479
Warsaw and Rome Conventions
484
Nonenforcement of foreign public law
488
Responsibility of states
499
Nature of state responsibility
500
Concept of international wrongs
502
States as subjects of international wrongs
503
Individuals as subjects of international wrongs
505
The basis of responsibility
508
Nationality of claims 51 1
511
double nationality
515
corporations
517
Exhaustion of local remedies
522
Bar by lapse of time extinctive prescription
526
Rcparation as a consequence of international wrongs
528
Penal damages
533
International claims
536
STATE RESPONSIBILITY FOR ACTS OF STATE ORGANS
539
Responsibility varies with organs concerned
540
Internationally injurious acts of Heads of States
541
Internationally injurious acts of members of governments
542
Internationally injurious acts of judicial organs Denial of justice
543
Internationally injurious acts of administrative officials and members ol armed forces
545
STATE RESPONSIB1LITY FOR ACTS OF PRIVATE PERSONS
548
State responsibility for acts of private persons
549
Responsibility for acts of insurgents and rioters
550
Index
1
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