Archive for May 2018

(p. 423) 19  Succession to Rights and Duties 1.  Introduction and Overview (A)  State Succession as a Category1 State succession occurs when there is a definitive replacement of one state by another in respect of sovereignty over a given territory, that is, a replacement in conformity with international law.2 The political events concerned include dismemberment . . . Read more

(p. 415) 18  Unilateral Acts; Estoppel 1.  Introduction States are corporate entities that necessarily operate under a regime of representation. In order to hold them bound by consensual obligations, the normal rules of authorization under treaty law apply; in order to attribute conduct to them for the purposes of determining their compliance with . . . Read more

(p. 395) 17  Diplomatic and Consular Relations 1.  Modalities of Interstate Relations1 In its simplest sense diplomacy comprises any means by which states establish or maintain mutual relations, communicate with each other, or carry out political or legal transactions, in each case through their authorized agents. Diplomacy may thus exist between states in . . . Read more

(p. 367) 16  The Law of Treaties 1.  Introduction1 Many international disputes are concerned with the interpretation and effects of international agreements, that is, treaties, and much of the practical content of state relations is embodied in and structured by treaties. International organizations, including the United Nations, have their legal basis in multilateral . . . Read more

(p. 352) 15  Legal Aspects of the Protection of the Environment 1.  The Role of International Law in Addressing Environmental Problems Increased appreciation of the many risks to the earth’s environment and the potentially irreversible damage which may be caused by human activity has resulted in a conscious effort by governments acting collectively, . . . Read more

  (p. 333) 14  Common Spaces and Co-operation in the Use of Natural Resources 1.  Introduction The world’s resources and environment are at the same time shared and partitioned, indivisible and divided. A world of sovereigns creates the greatest collective action problem in history: international law is both the product of this world . . . Read more

  (p. 296) 13  Maritime Transit and the Regime of the High Seas 1.  Introduction1 The modern law of the high seas is largely set out in two multilateral treaties, one built substantially on and intended to replace the other, both setting out propositions in ‘all states’ form. The first is the Geneva . . . Read more

(p. 255) 11  The Territorial Sea and Other Maritime Zones1 1.  The Territorial Sea (A)  Introduction Traditionally states were regarded as exercising sovereignty, subject to a right of innocent passage, over a belt of sea adjacent to their coastlines and bounded by the high seas. The breadth of this ‘territorial sea’2 was never definitively settled . . . Read more

(p. 245) 10  Status of Territory: Further Problems 1.  International Procedures of Territorial Disposition1 A basic assumption of the international system is that sovereignty—plenary power over territory—inheres individually in each state which has the better claim to title over that territory, and that it is not shared. But this is an assumption; from . . . Read more

(p. 215) 9  Acquisition and Transfer of Territorial Sovereignty1 1.  Introduction Disputes concerning title to land territory, including islands, and over the precise determination of boundaries are regularly the subject of international proceedings. Recourse to arbitration may be part of an overall peace settlement.2 But many such conflicts are dormant and it is only . . . Read more