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Aust Anthony. Handbook of International Law

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Aust Anthony. Handbook of International Law
Cambridge University Press, 2005. — 842 p.
Эта книга, написанная опытным практиком, описывает как государства и международные организации, в особенности ООН, создают и используют международное право. Описаны природа и фундаментальные концепции международного права.
A concise account of international law by an experienced practitioner, this book explains how states and international organisations, especially the United Nations, make and use international law. The nature of international law and its fundamental concepts and principles are described. The difference and relationship between various areas of international law which are often misunderstood (such as diplomatic and state immunity, and human rights and international humanitarian law) are clearly explained. The essence of new specialist areas of international law relating to the environment, human rights and terrorism is discussed.
Aust’s clear and accessible style makes the subject understandable to non-international lawyers,
non-lawyers and students. Abundant references are provided to sources and other materials,
including authoritative and useful websites.
Anthony Aust is a former Deputy Legal Adviser of the Foreign and Commonwealth Office,
London. A solicitor, he now practises as a consultant on international law and constitutional law to governments and international organisations, both privately and with the law firm Kendall Freeman of London. He is a visiting professor at the London School of Economics. His publications include Modern Treaty Law and Practice (Cambridge University Press, 2002).
Contents
Foreword
Preface
Acknowledgments
Table of treaties
Table of MOUs
Table of cases
Glossary of legal terms
List of abbreviations
International law
Private international law/co!nflict of laws
The nature of international law
The sources of international law
Domestic law
Subjects of international law
States and recognition
Criteria for statehood
Recognition of states
Self-determination
Secession
Recognition of governments
De jure and de facto recognition
Means of recognition
Overseas territories
Territory
Boundary, border or frontier?
Delimitation and demarcation
Intertemporal principle
Critical date
Means of acquisition
Res communis
Common heritage of mankind
Territorial integrity and uti possidetis
Jurisdiction
Territorial principle
Nationality principle
Passive personality principle
Protective principle
Universal and quasi-universal jurisdiction
Effects doctrine
Alien Tort Claims Act 1789
Abduction
The law of treaties
The Vienna Convention on the Law of Treaties 1969
What is a treaty?
MOUs
Capacity to make treaties
Credentials and full powers
Adoption and authentication
Final act
Consent to be bound
Rights and obligations before entry into force
Reservations
Entry into force
Treaties and domestic law
Territorial application
Successive treaties
Interpretation
Third states
Amendment
Duration and termination
Invalidity
The depositary
Registration and publication
Sources of treaty texts
Further reading on treaties
Diplomatic privileges and immunities
The establishment of diplomatic relations and permanent diplomatic missions
The functions of a diplomatic mission
The members of the mission
The premises of the mission
Inviolability of mission archives
Means of transport
Freedom of movement
Freedom of communication
The diplomatic bag
Diplomatic couriers
Personal inviolability
Inviolability of the private residence
Inviolability of private papers, correspondence and property
The difference between diplomatic immunity and state immunity
Diplomatic immunity
Waiver of immunity
Social security exemption
Exemption from taxation
Exemption from personal services
Exemption from customs duties and inspections
Members of the family of a diplomatic agent
Administrative and technical staff
Service staff
Private servants
Nationals and permanent residents of the receiving state
Commencement of privileges and immunities
Termination of privileges and immunities
Third states
Duties of the mission to the receiving state
Breach of diplomatic relations and the protection of the interests of the sending state
Non-discrimination and reciprocity
Special missions
Consular relations
State immunity
The relationship of state immunity to other legal doctrines
Sources of the law on state immunity
Which entities enjoy immunity?
Exceptions to immunity
Enforcement
Procedure
Visiting forces
Heads of state, heads of government, foreign ministers and other senior officials
Nationality, aliens and refugees
Nationality
Aliens
Asylum
Refugees
International organisations
Membership and representation
International legal personality
Immunities and privileges
Liability
Dispute settlement
The United Nations, including the use of force
Membership
Withdrawal, suspension and expulsion
Regional groups
The UN’s principal organs
The UN’s specialised agencies
The General Assembly
The Security Council
Charter amendment
Use of force
Human rights
Who enjoys the rights?
Legal nature of human rights and exhaustion of domestic remedies
Universal human rights treaties
Regional human rights treaties
Outline of the principal civil and political rights
General qualifications to rights
Reservations
Derogations
Enforcement
The law of armed conflict (international humanitarian law)
Sources
International and internal armed conflicts
Weaponry
Prisoners of war
Mercenaries
Civilians and civilian objects
Occupied territory
Enforcement
UN forces
International Committee of the Red Cross
International criminal law
Mutual legal assistance
Extradition
International crimes
International tribunals
International Criminal Court (ICC)
Terrorism
Definitions
Universal terrorism conventions
Security Council
The law of the sea
Internal waters
Baselines
Territorial sea
Contiguous zone
Exclusive economic zone
International straits
Construction of artificial islands and other installations in the EEZ or on the continental shelf
Delimitation
The Area
The high seas
Nationality of ships
Warships and ships used only on government non-commercial service
Land-locked and geographically disadvantaged states
Fishing
Whales and other marine mammals
Wrecks
Protection of the marine environment
Dispute settlement under the Convention
International environmental law
What is the environment?
The development of international environmental law
Concepts
Whaling
Other fishing
Wildlife
Biological diversity
The ozone layer and climate change
Nuclear material
The marine environment
Liability for environmental damage
International civil aviation
International Civil Aviation Organization
Civil and state aircraft
National airspace
International air services, scheduled and non-scheduled
Domestic air services
International airspace
Civil aircraft and airlines
Air services agreements
Warsaw and Rome Conventions
Jurisdiction over aircraft
Use of force against aircraft
Special regimes
Antarctica
The Arctic
Svalbard
Canals
International rivers
Outer space
International economic law
Bilateral investment treaties
ICSID
Energy Charter Treaty
World Trade Organisation
NAFTA
MERCOSUR
International commercial arbitration
Succession of states
Independence of an overseas territory
Secession
Dissolution
Merger
Absorption and extinction
Recovery of sovereignty
Transfer of territory
Continuity of statehood
Succession to treaties
Succession to state property, archives and debts
Membership of international organisations
Nationality of natural persons
State responsibility
Terminology
General matters
The internationally wrongful act of a state
Attribution of conduct to a state
Breach of an international obligation
Circumstances precluding wrongfulness
Content of the international responsibility of a state
Cessation and non-repetition
Reparation
The implementation of the international responsibility of a state
Countermeasures
Responsibility of an international organisation
Individual responsibility
Settlement of disputes
Informal means
Compulsory binding settlement
Jurisdiction and admissibility
International arbitration
International Court of Justice
The European Union
A brief history
Institutions
Council of Ministers
Commission
Parliament
Court of Auditors
Legislative procedure
Community law
Court of Justice
Court of First Instance
Common Foreign and Security Policy and Police and Judicial Co-operation in Criminal Matters
Legal personality and treaties
Human rights
Acquis communautaire
Competence
Comitology
European Economic Area
Languages
Qualified majority voting
Schengen
Subsidiarity
Treaty establishing a Constitution for Europe
Documentation
Index
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