International Law and the Role of Domestic Legal Systems
Intro -- Title Page -- Copyright Page -- Dedication -- Table of Contents -- Table of Cases -- Foreword -- Chapter I INTERNATIONAL LAW AND "DOMESTIC LEGAL OPERATORS" -- 1 The Present International Community and its Law -- 2 The "Legal" Aspect of International Law and its Application by "Domestic Legal Operators" -- 3 The "Political-Diplomatic" Aspect of International Law -- 4 Areas of International Law Where the Legal and Political-Diplomatic Aspects Respectively Prevail -- 5 Barriers to a Full Recognition of the Legal Value of International Law -- (i) The "Political Question" Doctrine -- (ii) Judicial Deference Towards the Executive Branch -- (iii) The Act of State Doctrine -- (iv) The Concept of Non-Self-Executing International Law -- (v) The Trend to Deny that Binding Resolutions of International Organisations are Self-Executing -- (vi) Application of the Last in Time Rule (Lex Posterior Principle) to Relations Between International and National Rules -- Chapter II INTERNATIONAL LAW-MAKING -- Content of the Chapter -- Section A Customary Law -- 1 Custom as a Product of the Behaviour of State Organs -- 2 The Nature of Custom and the Effect of Objection to Customary Law -- 3 The Persistent Objector -- 4 A Particular Kind of Custom: General Principles of Law Recognised by Civilised Nations -- 5 Resolutions of International Organisations and the Faster Development of Customary Law -- 6 Customary Law and Codification Conventions -- 7 The "Ageing" of Codification Conventions -- 8 Article 4 of the Vienna Convention on the Law of Treaties -- 9 Equity and the Role of International and Domestic Courts in the Development of Customary Law -- 10 Custom and Legal Scholarship -- Section B Treaties -- 1 Municipal Law and the Conclusion of Treaties -- 2 Domestic Legal Operators and Invalidity and the Termination of Treaties.