Antonio Cassese - International Law

legal features

international community

enforcement

responsibility

contemporary issue

• Part I: Origins and Foundations of the International Community 3
  
  1 The Main Legal Features of the International Community 3
  1.1 Introduction 3
  1.2 The nature of international legal subjects 3
  1.3 The lack of a central authority, and decentralisation of legal ‘functions’ 3
  1.4 Collective responsibility 4
  1.5 The need for most international rules to be translated into national legislation 4
  1.6 The range of States’ freedom of action 4
  1.7 The overriding role of effectiveness 5
  1.8 Traditional individualistic trends and emerging obligations and rights 5
  1.9 Coexistence of the old and new patterns 6
  
  2 The historical evolution of the international community 8
  2.1 Introduction 8
  
  3 States as the primary subjects of international law 9
  3.1 Traditional and New Subjects 9
  3.2 Commencement of the Existence of States 9
  3.3 The Role of Recognition 9
  3.4 Continuity and Termination of Existence of States 10
  3.5 Spatial Dimensions of State Activities 11
  3.6 The Legal Regulation of Space, Between Sovereignty and Community Interests 16
  
  4 Other International Legal Subjects 17
  4.1 Insurgents 17
  4.2 The reasons behind the emergence of new international subjects 18
  4.3 International organizations 18
  4.4 National liberation movements 20
  4.5 Individuals 21
  
  5 The fundamental principles governing international relations 24
  5.1 Introduction 24
  5.2 The sovereign equality of States 24
  5.3 Immunity and other limitations on sovereignty 25
  5.4 Non-intervention in the internal or external affairs of other States 28
  
  Part II: Creation and Enforcement of International Legal Standards 30
  
  6 International law-making: Customs and Treaties 30
  6.1 Introductory remarks 30
  6.2 Custom 31
  6.3 Treaties 33
  6.4 Codification 38
  6.5 The introduction of jus cogens in the 1960s 38
  
  8 Implementation of international rules within national systems 42
  8.1 Relationship between international and national law 42
  8.2 International rules on implementing international law in domestic legal systems 43
  8.3 Trends emerging among the legal system of States 44
  8.4 Techniques of implementation 46
  8.5 Statist versus international outlook: emerging trends 48
  
  9 State Responsibility 50
  9.1 General 50
  9.2 Traditional law 50
  9.3 The current regulation of State responsibility: an overview 51
  9.4 ‘Ordinary’ State responsibility 52
  9.5 ‘Aggravated’ State responsibility 57
  9.6 The special regime of responsibility in case of contravention of community obligations provided for in multilateral treaties 60
  9.7 The current minor role of aggravated responsibility 62
  
  10 Mechanisms for promoting compliance with international rules and pursuing the prevention or peaceful settlement of disputes 63
  10.1 Introduction 63
  10.2 Traditional mechanisms for promoting agreement 63
  10.3 Traditional mechanisms for settling disputes by a binding decision 64
  10.4 The new law: an overview 64
  10.5 The general obligation to settle disputes peacefully 65
  10.6 Resort to traditional means 65
  10.7 Strengthening and institutionalizing of traditional means 66
  10.8 The establishment of more flexible mechanisms for either preventing or settling disputes 68
  
  Part III: Contemporary Issues in International Law 70
  
  14 Collective Security and the Prohibition of Force 70
  14.1 Maintenance of Peace and Security by Central Organs or with their Authorization 70
  14.2 Peacekeeping Operations 71
  14.3 Collective Measures not Involving the Use of Force 72
  14.4 Exceptionally Permitted Resort to Force by States 74
  14.5 Use of force when self-determination is denied 80
  14.6 The old and the new law contrasted 80
  
  15 Legal Restraints on Violence in Armed Conflict 82
  15.1 Introduction 82
  15.2 Classes of War 82
  15.3 Traditional law in a nutshell 82
  15.4 New developments in modern armed conflict 83
  15.5 The new law: an overview 83
  15.6 Current regulation of international armed conflict 84
  15.7 Current regulation of internal armed conflict 90
  15.8 The role of law in restraining armed violence 92