Partis et systèmes de partis

ePub

Publication Date

14 April 2020

ISBN-13

978-2-8004-1702-8

Product Content

Text (eye-readable)

Extent

Main content page count : 568

Code

1702

ONIX XML

Version 2.1, Version 3

Google Book Preview

Contents

Foreword

CHAPTER I – The Ambivalences of the International Legal Order
I.    International law – A great story?
II.   Is international law "law"?
III.  Who can interpret international law and how?

PART ONE – The subjects of the International legal order

CHAPTER II – The Creation of States
I.    Is statehood a question of fact? The theory of constitutive factors and its ambiguities
II.   The creation of a state: a question of law?
III.  Declaratory or constitutive recognition of states?
IV.  State succession: what role does law play?

CHAPTER III – State Borders
I.    Agreement as the fundamental criterion for delimitation: the relative character of borders
II.   The principle of uti possidetis juris: a substitute for agreement?
III.  The case of maritime and spatial frontiers: sea and space, "common heritage of mankind"

CHAPTER IV – The Exercise of Sovereignty
I.    Sovereignty framed by law: a paradox?
II.   The national jurisdictions of states confronted with requirements of cooperation
III.  The principle of non-intervention: a general limit to states' exercise of their sovereignty?
IV.  Immunities as specific limits on the exercise of sovereignty: between the interests of states
      and aspirations to a universal morality

CHAPTER V – International Organizations
I.    The definition of international organizations and their legal personality: institutions per se
      or merely the product of agreements among states?
II.   The powers of international organizations: attributed by states or autonomous?
III.  The United Nations, embodiment of the international community?

CHAPTER VI – Private Persons
I.    The development of human rights: the scope and limits of universality
II.   The mechanisms of implementation: beyond the state?
III.  The development of obligations for individuals: a law of the "international community"?

PART TWO – The Sources of International Law

CHAPTER VII – Custom
I.    The place of custom in the system of sources of international law: the tension between
      voluntarist and objectivist approaches
II.   The constituent elements of custom: how can fact become law?
III.  The evolution of custom: the paradoxes of a source that is both dynamic and stabilizing

CHAPTER VIII – Treaties
I.    The definition and validity of treaties: is agreement a construction?
II.   The conditions of conclusion, termination, or suspension of treaty obligations:
      an objective regime?
III.  The principle of the relativity of treaties and its limits

CHAPTER IX – Other sources of international law
I.    Unilateral declarations: an autonomous source?
II.   The acts of international organizations: secondary law?
III.  The "general principles of law": an autonomous source?
IV.  Judicial precedent and legal writings: "subsidiary means for the determination of
      rules of law"?

PART THREE – The Implementation of International Law

CHAPTER X – International Law and War
I.   The scope of the prohibition of the use of force: jus contra bellum or jus ad bellum?
II.  Self-defence as an “inherent right”?

CHAPTER XI – International Responsibility
I.   Difficulties in attributing conduct to a state
II.  Recognition of “circumstances precluding wrongfulness”: a confirmation of realism?
III. The random implementation of international responsibility
IV. The limited responsibility of international organizations

CHAPTER XII – Peaceful Settlement of Disputes
I.    An autonomous legal principle?
II.   A sovereign body of law: a free choice between peaceful means of settlement?
III.  Limitation by law? The International Court of Justice as a universal court
IV.  The development of means of dispute settlement and areas of international law:
      towards a fragmentation of international law?

List of Maps and Illustrations

Selective Bibliography

Excerpt

Avant-propos / Foreword

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Table des matières / Contents

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