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(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
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
(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
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
(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
(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