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All posts tagged Brownlie’s Principles of Public International Law

The Conditions for International Responsibility

(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

The Relations of Nationality

(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

Privileges and Immunities of Foreign States

(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

Jurisdictional Competence

(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

Sovereignty and Equality of States

(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

Succession to Rights and Duties

(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

Unilateral Acts; Estoppel

(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

Diplomatic and Consular Relations

(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

The Law of Treaties

(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

Legal Aspects of the Protection of the Environment

(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