Archive for May 2018

(p. 634) 29  International Human Rights 1.  Introduction The events of the Second World War, and concern to prevent a recurrence of catastrophes associated with the policies of the Axis Powers, led to a programme of increased protection of human rights and fundamental freedoms at the international level. A notable pioneer in the . . . Read more

(p. 607) 28  The International Minimum Standard: Persons and Property 1.  State and Individual: the Search for Standards The legal consequences of belonging to a political community with a territorial base have not changed a great deal since the seventeenth century, despite changes in the various theories used to describe or explain the . . . Read more

(p. 590) 27  Multilateral Public Order and Issues of Responsibility1 1.  The Varying Content of Illegality The law of responsibility has had a precarious existence in a decentralized system of international relations lacking compulsory jurisdiction and generally applicable enforcement procedures. Much of international law consists of rules concerning competence and functional co-operation, and . . . Read more

(p. 566) 26  Consequences of an Internationally Wrongful Act 1.  Introduction In the event of an internationally wrongful act by a state or other subject of international law, other states or subjects may be entitled to respond. This may be done by invoking the responsibility of the wrongdoer, seeking cessation and/or reparation, or . . . Read more

(p. 539) 25  The Conditions for International Responsibility 1.  Configuring the Law of Responsibility1 In international relations as in other social relations, the invasion of the legal interest of one subject of the law by another creates responsibility in a form and to an extent determined by the applicable legal system. International responsibility . . . Read more

(p. 527) 24  Nationality of Corporations and Assets 1.  General Aspects The assignment of persons (including corporations) and property to states, in particular for the purposes of diplomatic protection, is normally approached through the concept of nationality. Yet the problem must be solved in a variety of contexts, including jurisdiction. It is suggested . . . Read more

(p. 509) 23  The Relations of Nationality 1.  Introduction (A)  The Doctrine of the Freedom of States in Matters of Nationality1 It is widely thought that states have general freedom of action in matters of nationality. For example in Nationality Decrees Issued in Tunis and Morocco the Permanent Court said: The question whether a certain matter . . . Read more

(p. 487) 22  Privileges and Immunities of Foreign States 1.  Evolution of the International Law of Immunity1 (A)  The Law in Context State immunity is a rule of international law that facilitates the performance of public functions by the state and its representatives by preventing them from being sued or prosecuted in foreign courts. . . . Read more

(p. 456) 21  Jurisdictional Competence 1.  Overview1 Jurisdiction is an aspect of sovereignty: it refers to a state’s competence under international law to regulate the conduct of natural and juridical persons. The notion of regulation includes the activity of all branches of government: legislative, executive, and judicial. Although the state is conceived in . . . Read more

(p. 447) 20  Sovereignty and Equality of States 1.  The Concept of Sovereignty1 The sovereignty of states represents the basic constitutional doctrine of the law of nations, which governs a community consisting primarily of states having, in principle, a uniform legal personality.2 If international law exists, then the dynamics of state sovereignty can be . . . Read more