Anthony Aust. Handbook of International Law
Подождите немного. Документ загружается.
Cover
Page i
Handbook of International Law
A concise account of international law by an experienced practitioner, this book explains how states
and international organisations, especially the United Nations, make and use international law. The
nature of international law and its fundamental concepts and principles are described. The difference
and relationship between various areas of international law which are often misunderstood (such as
diplomatic and state immunity, and human rights and international humanitarian law) are clearly
explained. The essence of new specialist areas of international law relating to the environment,
human rights and terrorism is discussed.
Aust’s clear and accessible style makes the subject understandable to non-international lawyers,
non-lawyers and students. Abundant references are provided to sources and other materials,
including authoritative and useful websites.
ANTHONY AUST is a former Deputy Legal Adviser of the Foreign and Commonwealth Office,
London. A solicitor, he now practises as a consultant on international law and constitutional law to
governments and international organisations, both privately and with the law firm Kendall Freeman
of London. He is a visiting professor at the London School of Economics. His publications include
Modern Treaty Law and Practice (Cambridge University Press, 2002).
Page ii
This page intentionally left blank
Page iii
Handbook of International Law
ANTHONY AUST
London School of Economics and Kendall Freeman Solicitors
Page iv
CAMBRIDGE UNIVERSITY PRESS Cambridge, New York, Melbourne, Madrid, Cape Town,
Singapore, São Paulo
Cambridge University Press The Edinburgh Building, Cambridge CB2 2RU, UK
Published in the United States of America by Cambridge University Press, New York
www.cambridge.org Information on this title: www.cambridge.org/9780521530347
© Anthony Aust 2005
This book is in copyright. Subject to statutory exception and to the provisions of relevant collective
licensing agreements, no reproduction of any part may take place without the written permission of
Cambridge University Press.
First published in print format 2005
ISBN-13 978-0-511-13699-3 eBook (NetLibrary) ISBN-10 0-511-13699-4 eBook (NetLibrary)
ISBN-13 978-0-521-82349-4 hardback ISBN-10 0-521-82349-8 hardback ISBN-13 978-0-521-
53034-7 paperback ISBN-10 0-521-53034-2 paperback
Cambridge University Press has no responsibility for the persistence or accuracy of URLs for
external or third-party internet websites referred to in this book, and does not guarantee that any
content on such websites is, or will remain, accurate or appropriate.
Page v
For Kirsten
Page vi
This page intentionally left blank
Page vii
Contents
Foreword
Preface
Acknowledgments
Table of treaties
Table of MOUs
Table of cases
Glossary of legal terms
List of abbreviations
1
International law
Private international law/co!nflict of laws
The nature of international law
The sources of international law
Domestic law
Subjects of international law
2
States and recognition
Criteria for statehood
Recognition of states
Self-determination
Secession
Recognition of governments
De jure and de facto recognition
Means of recognition
Overseas territories
3
Territory
Boundary, border or frontier?
Delimitation and demarcation
Page viii
Intertemporal principle
Critical date
Means of acquisition
Res communis
Common heritage of mankind
Territorial integrity and uti possidetis
4
Jurisdiction
Territorial principle
Nationality principle
Passive personality principle
Protective principle
Universal and quasi-universal jurisdiction
Effects doctrine
Alien Tort Claims Act 1789
Abduction
5
The law of treaties
The Vienna Convention on the Law of Treaties 1969
What is a treaty?
MOUs
Capacity to make treaties
Credentials and full powers
Adoption and authentication
Final act
Consent to be bound
Rights and obligations before entry into force
Reservations
Entry into force
Treaties and domestic law
Territorial application
Successive treaties
Interpretation
Third states
Amendment
Duration and termination
Page ix
Invalidity
The depositary
Registration and publication
Sources of treaty texts
Further reading on treaties
6
Diplomatic privileges and immunities
The establishment of diplomatic relations and permanent diplomatic missions
The functions of a diplomatic mission
The members of the mission
The premises of the mission
Inviolability of mission archives
Means of transport
Freedom of movement
Freedom of communication
The diplomatic bag
Diplomatic couriers
Personal inviolability
Inviolability of the private residence
Inviolability of private papers, correspondence and property
The difference between diplomatic immunity and state immunity
Diplomatic immunity
Waiver of immunity
Social security exemption
Exemption from taxation
Exemption from personal services
Exemption from customs duties and inspections
Members of the family of a diplomatic agent
Administrative and technical staff
Service staff
Private servants
Nationals and permanent residents of the receiving state