Suchergebnisse

AbstractThe right of self-defence is usually presented as an exception to the principle of non-use of force. Conventional wisdom therefore holds that the right of self-defence can only be relied on to justify those measures constituting a threat or use of force. This article rejects that claim. It argues that self-defence is a general right under international law and, as such, can be invoked to justify all measures necessary to repel an armed attack regardless of whether they are forcible or non-forcible in nature. To support this argument, this article examines the genesis of the right of self-defence under customary international law, the text of Article 51 of the United Nations Charter, the structure of the United Nations Charter and State practice on Article 51.

This series critically examines issues of legal doctrine and practice in Central and Eastern Europe, including studies on the harmonization of legal principles and rules; the legal impact of the intertwining of domestic economies, on the one hand, with regional economies and the processes of international trade and investment on the other. The series offers a forum for discussion of topical questions of public and private law from domestic, regional, and international perspectives. Comparative research that provides insights in legal developments that can be communicated to those interested in questions, not only of law, but also of politics, economics, and of society of countries in the region also finds a home in the series. For information about a related title, visit the webpages of the Brill journal Review of Central and East European Law

Why do states recognize an obligation to observe the rules of international law? Existing accounts of international legal obligation suffer from the problem of 'interiority'. They first ground obligation in some internal feature of the international legal system — such as consent, fairness or dialogue — but when these turn out to be insufficient, they fall back on assumptions about the legitimacy of the international legal system itself, for which they cannot account. The roots of this problem ultimately lie in flawed conceptions of politics that underlie these accounts. To overcome this problem, this article proposes an alternative, 'interstitial' understanding of politics that locates politics at the intersections of idiographic, purposive, ethical and instrumental forms of reason and action. This understanding of politics enables us to rethink the nature of institutional rationality, and in turn the bases of international legal obligation. Furthermore, it provides us with a conceptual framework that illuminates the relationship between historically grounded modes of politics and the legitimacy of particular institutional forms, including the modern system of international law. This argument is illustrated through an explanation of the sacral logic of obligation that undergirded the international legal system in the Age of Absolutism.

Intro -- CONTENTS -- Acknowledgements -- I Introduction -- 1 The Definition of the Law of the Sea -- II Sources of the Law of the Sea -- 2 The Impact of the Third United Nations Conference on the Law of the Sea on Customary Law -- 3 Generally Accepted International Rules and Standards -- 4 Possible Role of the International Tribunal for the Law of the Sea in Interpretation and Progressive Development of the Law of the Sea -- III Relation of the Law of the Sea to Other Fields of International Law -- 5 The Law of the Sea Convention and the Law of Treaties -- 6 Droit de la mer et droits de l'homme -- IV Delimitation of Maritime Areas -- 7 The LOS Convention and Sea Boundary Delimitation -- V Natural Resources of the Sea -- 8 The 1982 United Nations Convention on the Law of the Sea and the Protection of the Living Resources of the Sea -- 9 Common Heritage of Mankind: A Legal Concept for the Survival of Humanity -- VI Navigation -- 10 The New Law of the Sea and Navigation: A View from the Mediterranean -- VII Military Uses of the Sea -- 11 L'utilisation pacifique de la mer, dénucléarisation et désarmement -- VIII Protection of the Marine Environment -- 12 International Law and the Pollution of the Sea -- 13 Provisions of the Draft Convention on the Law of the Sea relating to the Protection and Preservation of the Marine Environment and the UNEP's Involvement in their Implementation -- IX Enclosed or Semi-Enclosed Seas -- 14 Enclosed and Semi-Enclosed Seas -- 15 The Mediterranean: An Enclosed or Semi-Enclosed Sea? -- X Settlement of Disputes -- 16 Le choix des procédés prévus par l'article 287 de la Convention de 1982 sur le droit de la mer -- 17 Main Features of Courts and Tribunals Dealing with the Law of the Sea Cases -- 18 The International Tribunal for the Law of the Sea: Some Features of the New International Judicial Institution.

Understanding exactly how the International Court of Justice applies the remedies of international law is vital in order to determine its prioritisation of remedies and its rationales for resolving inter-state disputes. This analysis also shows whether the framework of remedies of international law, designed by the International Law Commission through the Articles on Responsibility of States for Internationally Wrongful Acts, is strictly observed by the International Court of Justice. This is among the few systemic studies in the field of remedies, contrasting the theoretical controversies with a complete survey of the large set of requests that have been submitted before the ICJ. International lawyers, agents of states and diplomats will be able to identify the relevant case-law for each remedy in order to frame more effective requests to the Court. This study will also be of interest to researchers, practitioners, judges, policymakers, and graduate students.

The idea of military necessity lies at the centre of the law of armed conflict and yet it is less than fully understood. This book analyses which legal limits govern the commander's assessment of military necessity, and argues that military necessity itself is not a limitation. Military necessity calls for a highly discretionary exercise: the assessment. Yet, there is little guidance as to how this discretionary process should be exercised, apart from the notions of 'a reasonable military commander'. A reasonable assessment of 'excessive' civilian losses are presumed to be almost intuitive. Objective standards for determining excessive civilian losses are difficult to identify, particularly when that 'excessiveness' will be understood in relative terms. The perpetual question arises: are civilian losses acceptable if the war can be won? The result is a heavy burden of assessment placed on the shoulders of the military commander.

I. Historical Survey of the Treaty-Making Practice of International Organizations -- A. Introduction -- B. Treaty-Making Practice in the Inter-War Period -- C. Development after the Second World War -- II. The Basis of the Treaty-Making Capacity of International Organizations -- A. Introduction -- B. Constitutional Provisions -- C. International Personality -- D. The Implied Power Theory -- E. The Basis of Treaty-Making Capacity -- III. The Conclusion of Treaties -- A. Form of Agreements -- B. Constitutional Requirements — Limitation on the Treaty-Making Capacity of International Organizations -- C. Constitutional Requirements — Organs Competent to Conclude Treaties -- D. Procedure of Conclusion -- IV. Certain Kinds of Treaties -- A. Succession Agreements -- B. Relationship Agreements -- C. Institutional Treaties -- D. Trusteeship Agreements -- E. Technical Assistance Agreements -- F. UNICEF, Special Fund, and OPEX Agreements -- G. Loan and Guarantee Agreements -- H. Conclusion -- V. The Legal Character of Agreements Concluded by International Organizations -- A. Introduction -- B. Legal Character in General -- C. Tests to Decide the Legal Character of An Agreement -- Conclusions.