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Forms of Governmental Authority over Territory

p. 203) 8  Forms of Governmental Authority over Territory 1.  The Concept of Territory In spatial terms the law knows four types of regime: territorial sovereignty, territory not subject to the sovereignty of any state or states and which possesses a status of its own (e.g. trust territories), res nullius, and res communis. Territorial sovereignty . . . Read more

International Organizations

(p. 166) 7  International Organizations 1.  Introduction As discussed in chapter 1, in the late eighteenth and nineteenth century states developed multilateral forms of co-operation, supplementing reliance on bilateral treaties and diplomacy. These included the first international organizations. Initially the mandates of such organizations were constrained, for example the European Commission of the Danube . . . Read more

Creation and Incidence of Statehood

(p. 127) 5  Creation and Incidence of Statehood 1.  Introduction As noted in chapter 4, the state is a type of legal person recognized by international law. Yet, since there are other types of legal persons so recognized, the possession of legal personality is not in itself a sufficient mark of statehood. Moreover, the . . . Read more

Recognition of States and Governments

(p. 143) 6  Recognition of States and Governments 1.  Recognition as a General Category1 Whenever a state acts in a way which may affect the rights or interests of other states, the question arises of the significance of their reaction to the event. In Legal Status of Eastern Greenland, it was held that Norway . . . Read more

The Relations of International and National Law

(p. 48) 3  The Relations of International and National Law 1.  Theoretical Approaches1 The relationship between international and national law2 is often presented as a clash at a level of high theory, usually between ‘dualism’ and ‘monism’. Dualism emphasizes the distinct and independent character of the international and national legal systems.3 International law is perceived . . . Read more

The Sources of International Law

2  The Sources of International Law (p. 20) 1.  Introduction International law provides a normative framework for the conduct of interstate relations. In this sense, international society is no exception to the maxim of ibi societas, ibi ius: where there is social structure, there is law. The sources of international law define the rules . . . Read more

Introduction

(p. 3) 1  Introduction ‘Then felt I like some watcher in the skies When a new planet swims into his ken…’ Keats1 1.  Development of the Law of Nations The law of nations, now known as (public) international law,2 developed out of the tradition of the late medieval ius gentium.3 Through an influential series of writers— . . . Read more

Subjects of International Law

(p. 115) 4  Subjects of International Law 1.  Introduction1 A subject of international law is an entity possessing international rights and obligations and having the capacity (a) to maintain its rights by bringing international claims;2 and (b) to be responsible for its breaches of obligation by being subjected to such claims.3 This definition, though conventional, . . . Read more

Enforcement

ENFORCEMENT (1) Overview 7.01 (2) General Principles of Enforcement 7.03 Valid Decisions Should Be Summarily Enforced 7.03 Errors of Fact and/or Law: Answering the Right Question the Wrong Way 7.05 Challenges Based on Excess Jurisdiction or Breach of Natural Justice 7.08 Fraud 7.09 Reservation of Position 7.10 Enforcement of Non-pecuniary . . . Read more

Challenges Based on Breach of Natural Justice

CHALLENGES BASED ON BREACH OF NATURAL JUSTICE (1) Summary of Challenges Based on Breach of Natural Justice 10.01 (2) General Principles of Natural Justice 10.02 Materiality of Breach 10.07 Adjudicators’ Decisions Should Generally Be Enforced 10.10 The Adjudicator’s Conduct Is Key 10.12 Impact of the Human Rights Act 1998 10.13 . . . Read more