Recueil Des Cours/Collected Courses, Volume 281 (1999)Academie De Droit International de la Haye The Academy is an institution for the study and teaching of public and private international law and related subjects. Its purpose is to encourage a thorough and impartial examination of the problems arising from international relations in the field of law. The courses deal with the theoretical and practical aspects of the subject, including legislation and case law. All courses at the Academy are, in principle, published in the language in which they were delivered in the "Collected Courses of the Hague Academy of International Law." This volume contains: - International Law: Ensuring the Survival of Mankind on the Eve of a New Century, General Course on Public International Law by C. TOMUSCHAT, Professor at the Humboldt University, Berlin. Since the end of the Second World War, cross-border relations among nations have intensified on a large scale, and, in addition to international peace and security, many other problems have arisen that possess worldwide dimensions. However, international law is still predicated on the basic rule of national sovereignty. Given this discrepancy, humankind is called upon to establish a system of international governance that is able to deal effectively with all the challenges that threaten its survival as a civilized community of nations. Practice is already evolving in that direction. |
Contents
Introduction | 21 |
The growing complexity of the international legal order | 56 |
25 | 63 |
b Conquest and annexation banned | 105 |
MicroStates | 111 |
Nonrecognized de facto régimes | 120 |
B Treatymaking power | 130 |
Other nonState entities | 140 |
The founding principles of the international legal order | 161 |
Sovereignty | 167 |
Nonuse of force and nonintervention | 203 |
Selfdetermination and international solidarity | 239 |
General observations | 268 |
The main functions of governance | 305 |
The executive function | 358 |
Settlement of disputes | 390 |
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according acts advisory opinion agreement AJIL applicable arbitral Assembly binding breach Charter clause co-operation Commission commitments concept concerned constitutes countermeasures countries Court crimes CSCE customary law decision Declaration dispute doctrine domestic draft articles droit international economic EJIL erga omnes established European European Union exists footnote foreign genocide German Human Rights Committee Humanitarian Intervention ibid ICJ Reports ICLQ immunity individual instance international community International Criminal international law International Law Commission international legal order international organizations issue judicial jurisdiction jus cogens Kosovo ment Nicaragua non-intervention non-use of force normally norms obligations particular parties peace and security political procedure protection regard régime relevant reparation resolution 2625 XXV responsibility RGDIP RIAA right of self-determination rules Security Council self-determination settlement sovereign equality sovereignty specific status territory tion tional law treaty Tribunal UN Charter unilateral United Kingdom United Nations Vienna Convention Völkerrecht Yugoslavia