Chapter 1. Application and Relevance of International Law
I. Introduction
II. Problems of Definition
§ 1–1. Traditional definition
§ 1–2. States under international law
§ 1–3. Modern definition
§ 1–4. Modern subjects
III. International and National Application
§ 1–5. Applications distinguished
§ 1–6. International application
§ 1–7. National application
§ 1–8. Examples of the application of international law
§ 1–9. Supremacy of international law
IV. Relevance and Function of International Law
§ 1–10. Uses of international law
§ 1–11. International law as law
§ 1–12. Application and enforcement
§ 1–13. Enforcement and compliance
V. Historical Overview
§ 1–14. Origins of the modern system
§ 1–15. Major early writers and theories
§ 1–16. Historical milestones
Chapter 2. Sources of International Law
I. Introduction
II. Primary Sources
§ 2–1. Article 38(1) of the I.C.J. Statute
§ 2–2. Normative hierarchy: jus cogens
§ 2–3. Customary international law
§ 2–4. Conventional international law
§ 2–5. General principles of law
§ 2–6. Character of modern international law
III. Secondary Sources or Evidence
§ 2–7. Evidence of international law
§ 2–8. Law-making process
§ 2–9. Where to find the evidence
Chapter 3. States and International Organizations
I. Introduction
II. States
§ 3–1. Recognition doctrine generally
§ 3–2. Recognition of states
§ 3–3. Dissolution of the USSR
§ 3–4. Recognition of governments
§ 3–5. Recognition in U.S. practice
III. International Organizations Generally
§ 3–6. Nature of international organizations
§ 3–7. Operational legal issues
§ 3–8. Historical background
IV. United Nations
§ 3–9. U.N. Charter
§ 3–10. Nature and function
§ 3–11. International constitutional supremacy
§ 3–12. U.N. organs
§ 3–13. Voting procedures
§ 3–14. Binding character of U.N. resolutions
§ 3–15. Law-making and legislative activities
V. U.N. Specialized Agencies
§ 3–16. Definition
§ 3–17. Organizations having specialized agency status
§ 3–18. Member states
§ 3–19. Legislative activities
VI. Regional Organizations
§ 3–20. General description
§ 3–21. Basic characteristics
§ 3–22. Major regional organizations
§ 3–23. Membership requirements
§ 3–24. Institutional structure
§ 3–25. Functions and achievements
VII. Supranational Organizations
§ 3–26. Meaning of supranationality
§ 3–27. Supranationality and the European Union
§ 3–28. Mandate of the European Union
§ 3–29. EU institutional structure
§ 3–30. EU law-making
§ 3–31. EU law and national law
VIII. Non–State Actors
§ 3–32. Non-governmental organizations
Chapter 4. International Dispute Settlement
I. Introduction
II. Non–Judicial Methods
§ 4–1. Introduction
§ 4–2. Negotiation
§ 4–3. Inquiry
§ 4–4. Mediation or good offices
§ 4–5. Conciliation
§ 4–6. Negotiation, mediation, conciliation combined
III. Quasi–Judicial Methods
§ 4–7. Arbitration and adjudication distinguished
§ 4–8. Consent to arbitration
§ 4–9. Severability of agreement to arbitrate
§ 4–10. Refusal to arbitrate
§ 4–11. Nature and composition of arbitral tribunals
§ 4–12. Arbitral award
§ 4–13. Applicable law and sources of law
§ 4–14. International arbitration and the individual
IV. Judicial Methods
§ 4–15. Introduction
A. International Court of Justice
§ 4–16. Historical development
§ 4–17. Composition and institutional structure
- Contentious Jurisdiction
§ 4–18. Bases of contentious jurisdiction
§ 4–19. Reciprocity
§ 4–20. U.S. Article 36(2) declaration
§ 4–21. Withdrawal of U.S. declaration
§ 4–22. National security considerations
§ 4–23. Effect and enforcement of judgments
§ 4–24. Provisional measures - Advisory Jurisdiction
§ 4–25. Scope of advisory jurisdiction
§ 4–26. Legal character
B. Other Major International Courts
§ 4–27. Introduction
§ 4–28. International Tribunal for the Law of the Sea
§ 4–29. Ad hoc international criminal tribunals
§ 4–30. International Criminal Court
§ 4–31. Court of Justice of the European Union
§ 4–32. European Court of Human Rights
§ 4–33. Inter–American Court of Human Rights
§ 4–34. African Court of Human and Peoples’ Rights
Chapter 5. International Law of Treaties
I. Introduction
II. Definition and Conclusion of Treaties
§ 5–1. Definition
§ 5–2. Negotiation of treaties
§ 5–3. Entry into force of treaties
§ 5–4. Consent to be bound by treaty
§ 5–5. Signature followed by ratification
III. Reservations
§ 5–6. Definition
§ 5–7. Right to make reservations
§ 5–8. Acceptance and legal effect of reservations
IV. Observance of Treaties
§ 5–9. Pacta sunt servanda
§ 5–10. Territorial scope of treaties
§ 5–11. Interpretation of treaties
§ 5–12. Treaties and third states
V. Invalidity, Termination, and Suspension of Treaties
§ 5–13. Invalidity of treaties
§ 5–14. National law and invalidity
§ 5–15. Termination, suspension, and breach of treaties
§ 5–16. Treaties and state succession