Suchergebnisse

Cover -- Contents -- Preface -- Glossary -- A -- B -- C -- D -- E -- F -- G -- H -- I -- J -- L -- P -- Q -- R -- S -- T -- U -- 1 The Development and Nature of International Law -- Introduction -- The Historical Development of International Law -- The Binding Nature of International Law -- The Enforcement of International Law -- Centralized enforcement machinery -- Extra-legal considerations -- The enforcement of international law by individual states -- 2 The General Principles of International Law -- States as Sovereign Entities -- What is a state? -- State sovereignty and international law -- States as the Primary Subjects of International Law -- International organizations -- Individuals -- The Sources of International Law -- Customary international law -- Treaties as sources of international law -- Other sources of international law -- 3 International Relations Perspectives on International Law -- The Approach of International Relations Theories to International Law -- Realism -- Institutionalism -- Liberalism -- Constructivism -- Recent Interdisciplinary Work on the Role of International Law -- Byers: custom, power and the power of rules -- Koh: why nations obey -- Arend: do international rules matter? -- Conclusions -- 4 Preventing the Use of Force by States: Korea, the Gulf Conflict and Beyond -- Introduction -- Korea (1950) -- The Gulf Conflict (1990-1) -- The Legality of Subsequent 'Enforcement' Actions -- Iraq (1998) -- Kosovo (1999) -- Conclusions -- 5 Diplomacy and the Threat of Force -- Introduction -- The Threat of Force as a Tool of International Diplomacy -- The Legality of the Threat of Force -- Permissible Threats of Force -- The Legality of the Threat of Force in the Gulf Conflict -- Conclusions -- 6 Extraditing Pinochet -- Introduction -- The Issues -- The Decision in Ex parte Pinochet -- Extraditable crimes.

The vexed question of State immunity and the extent and application thereof has once again found its way to the International Court of Justice (the Court) in the form of the Case Concerning Jurisdictional Immunities of the State (Germany v Italy).1 On this occasion, the precise question concerned the so-called 'territorial tort exception' to State immunity and involved an assessment of the immunity to be granted to Germany, by Italy, in relation to compensation claims brought in Italy by Italian claimants against German armed forces and the organs of the German Reich during the Second World War.2

This article examines Raoul Wallenberg's work as a diplomat in Budapest between June 1944 and January 1945. It suggests that Wallenberg's legacy was initially very limited as a result of the state-centric approach to the codification of diplomatic law in the Vienna Convention on Diplomatic Relations 1961. Nevertheless, it is argued that the emergence of the so-called "new" diplomacy, coupled with the developing notion of "responsibility to protect" in the face of gross violations of human rights, such as those faced by Wallenberg, have opened up the possibility for diplomats to engage in the process of protecting civilian populations in times of internal strife