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Table Of Contents

Introduction to International Law and Law Making
I. THE CHAD-LIBYA WAR OVER THE AOUZOU STRIP
A. The Law of Nations in Its Traditional Incarnation
B. Resolution of the Chad-Libya Conflict
C. International Law Moves into the Twentieth Century
II. THE RAINBOW WARRIOR AFFAIR
A. New Actors, New Issues, New Processes
1. International Institutions
2. Non-State Actors
3. Non-Traditional Law Making and Enforcement
B. Conceptual Challenges
1. Legalization and Its Limits
2. The Persistent Puzzle of Compliance
C. Ways of Understanding International Law
Making Law in a Decentralized System
I. CREATING AND USING TREATIES: THE CYPRUS CONFLICT
A. The Problem
I. Creating and Using Treaties: The Cyprus Conflict 37
1. The Evolution of the 1960 Accords*
2. Turkish Intervention and Its Aftermath
B. Why Do States Enter into Treaties?
C. Applying Treaty Law to the Cyprus Dispute
1. Background on Treaty Law
2. Making Treaties: Who Speaks for the State?
3. Invalidating Treaties: Coercion and Consent
4. Evaluating and Interpreting Treaties
a. Good Faith Compliance
b. Can a Treaty Violate International Law?
c. Interpreting Treaties
5. Treaties and Sovereignty
6. The Consequences of Denouncing or Breaching a Treaty
3. From Practice to Law
D. The Soft Law Alternative
F. Note on Incorporating Principles from Domestic Law
Participants in the International Legal Process
I. THE FORMATION PROCESS: NEW STATES FROM THE FORMER YUGOSLAVIA
B. Requisites of Statehood
C. Separation Anxiety: Self-Determination and Its Limits
1. The Pre-UN Charter Era
2. Self-Determination After the UN Charter
D. The Badinter Commission Speaks
E. Territory and Borders
F. Peaceful Secession? A Note on Quebec
G. Recognition of New States by Outside Actors: Does It Matter?
II. THE SUCCESSION PROCESS: THE END OF THE USSR
D. Governmental Reactions on Treaty Succession
F. Dividing Up Soviet Assets and Liabilities
B. The China Precedent
C. The 1979 Credentials Fight
D. The Next Stages
E. An Alternative Path? A Note on the Haiti Episode
C. Legal ‘‘Personality’’
D. Condemnations of Apartheid
E. The UN’s Sanctioning Processes
F. The United Nations as a Forum for Treaty Making
G. Judicial and Quasi-Judicial Settlement of Disputes
The Challenge of Non-State Actors
B. The Process: A New Place for NGOs
C. The Product: The Programme of Action
D. Accountability of NGOs
B. Attempts at Multilateral Regulation
C. Options for Direct Participation of Corporations in Law Making
D. Corporate Self-Regulation: Codes of Conduct
B. State and Local Foreign Policy Making: Some Precedents
C. International Reactions
D. Domestic Reactions
E. State Prerogatives in the Absence of Congressional Action
B. Hong Kong’s International Status
C. Participation in International Organizations
D. The Internationalization Option
1. Permanent Internationalization
2. Temporary Internationalization
International Law and Domestic Law
International Law in the Domestic Arena
I. THE MONIST-DUALIST DEBATE
II. MAKING INTERNATIONAL LAW: IS NAFTA CONSTITUTIONAL?
II. Making International Law: Is NAFTA Constitutional? 273
agreements?
1. Resolving the Iran Hostage Crisis
2. Challenging the President’s Authority
1. The Execution of Angel Breard
2. The LaGrand Case
3. Avena and Its Aftermath
a. The Torres Litigation
b. The Medellı´n Litigation
D. May the President Violate International Law?
E. Note on Self-Executing Treaties
B. The Reinterpretation Debate: Who Decides?
C. The INF Treaty
C. The Supreme Court Weighs In: ‘‘The Door Is Still Ajar’’
I. LIMITING THE REACH OF DOMESTIC LAW
A. The Lotus Case
B. Creating International Law on Jurisdiction
B. Prescribing Law Based on Territorial Links
1. Extending the Reach of the Territorial Principle
2. A European Alternative?
C. Resolving the Boeing Dispute
D. Note on Other Bases for Prescriptive Jurisdiction
1. The Nationality Principle
2. The Protective Principle
3. The Passive Personality Principle
4. Universal Jurisdiction
5. Note on Jurisdiction Over Internet-Based Activities
2. The International Response to the Helms-Burton Act
3. A Defense of Helms-Burton?
4. Negotiating a Partial Resolution to the Jurisdictional Dispute
III. CAPTURING CRIMINALS ABROAD: THE ARREST OF SLAVKO DOKMANOVIC
B. Seizing War Criminals: The Eichmann Precedent
C. Kidnaping or Extradition?: The Alvarez-Machain Case
D. Challenging Irregular Renditions in Other Jurisdictions
E. The ICTY Opines, Eventually
IV. SOVEREIGN IMMUNITY: SUING NIGERIA IN U.S. COURTS
IV. Sovereign Immunity: Suing Nigeria in U.S. Courts 415
B. Development of Foreign Sovereign Immunity
1. The Classical View of Sovereign Immunity
2. The Tate Letter
C. What Is Commercial Activity?
D. Note on Litigating State-Sponsored Terrorism in U.S. Courts
The Protection of Human Dignity
B. International Human Rights Law and Torture
C. Applying the Law on Torture to ‘‘Moderate Physical Pressure’’
1. U.S. Interrogation Methods
2. U.S. Interrogation Policy and International Law
b. The Necessity Defense
c. U.S. Obligations Under the Torture Convention
C. The U.S. Position on Economic, Social, and Cultural Rights
D. The Right to Food
B. Background on Women’s Rights
C. Violence Against Women and the Public-Private Distinction
D. Debating Cultural Relativism
E. Strategies for Overcoming the Cultural Divide
1. Development and Initial Use of the Atomic Bomb
2. Post-War Developments
3. The Nuclear Non-Proliferation Treaty
4. The Comprehensive Test Ban Treaty
B. The Evolution of International Humanitarian Law
C. The ICJ Opines on Nuclear Weapons
II. PROTECTING NON-COMBATANTS: THE QANA INCIDENT
B. The UN Report
C. The Israeli Response and the UN Rejoinder
D. The Geneva Conventions and Customary Law
E. The Implications of Qana
F. Applying the Lessons of Qana to the Bombing of Kosovo
III. PROTECTING NON-COMBATANTS IN INTERNAL CONFLICTS: THE TADIC CASE
III. Protecting Non-Combatants in Internal Conflicts: The Tadic Case 573
B. Background on Humanitarian Law in Civil Wars
C. Applying International Humanitarian Law in the Tadic Case
IV. OCCUPYING FOREIGN TERRITORY: ISRAEL’S WALL IN THE WEST BANK
IV. Occupying Foreign Territory: Israel’s Wall in the West Bank 587
B. Background on the Law of Occupation
C. The ICJ and the Israeli High Court Look at the Law of Occupation
D. Note on ‘‘Transformative Occupation’’
B. Retroactive Justice? The Contours of Nullum Crimen Sine Lege
C. The Crime of Genocide
D. Crimes Against Humanity
II. WARTIME ABUSES: U.S. TREATMENT OF PRISONERS AT ABU GHRAIB
II. Wartime Abuses: U.S. Treatment of Prisoners at Abu Ghraib 625
B. Prosecuting the Immediate Perpetrators at Abu Ghraib
C. Responsibility of Military and Civilian Commanders
1. International Standards on Command Responsibility
D. Defenses to War Crimes?
1. Following Orders
2. Duress
E. Note on Criminalization of Atrocities in Civil Wars
III. FORA FOR JUSTICE: THE RWANDAN GENOCIDE OF 1994
B. The Domestic Option
D. The International Criminal Court
1. Key Issues During the ICC Negotiations
2. United States Policy Toward the ICC
B. To Prosecute or to Pardon?
1. The View from International Human Rights Bodies
2. The View from a Domestic Tribunal
C. Prosecuting Pinochet Outside Chile
D. Beyond Chile
B. Regulating Offshore Waters
C. Developing a Regime for International Straits
D. Toward Codification
C. Toward Codification
D. Toward a Solution for Straddling Stocks
E. Note on Dispute Resolution Under UNCLOS
C. Prescription Through the United Nations
D. Norms for Dividing the Caspian’s Continental Shelf?
E. The Caspian Today
Protecting the International Environment
I. INTERNATIONAL WATERS: RESOLVING CONFLICT OVER THE NILE
I. International Waters: Resolving Conflict over the Nile 763
B. Allocating the Nile’s Waters
C. Development of Norms on International Watercourses
1. Procedural Norms
2. Substantive Norms
D. Guidance from the World Court?
C. Promoting Compliance with the Ozone Treaties
D. A Model for Future Efforts?
E. Note on the Precautionary Principle
III. PROTECTING THE PLANET: COMBATING CLIMATE CHANGE
III. Protecting the Planet: Combating Climate Change 811
B. The Climate Regime
1. The Road to Rio
2. From Rio to Kyoto
3. From Kyoto to Bonn
4. Next Steps?
a. Kyoto Enters into Force
b. Implementing Kyoto
c. Alternative Approaches to Addressing Climate Change
Managing the World Economy
B. GATT Dispute Settlement
C. Challenging the EC Banana Regime
D. The Evolution of Dispute Settlement in the Trade Regime
E. Testing the WTO’s Dispute Settlement System
1. The DSU: The Death of Unilateralism?
2. Responding to Noncompliance
B. The Tuna-Dolphin Dispute
C. The WTO Dispute Settlement Reports
III. RESOLVING INVESTMENT DISPUTES: THE LOEWEN LITIGATION
III. Resolving Investment Disputes: The Loewen Litigation 859
B. NAFTA Chapter 11
C. Other Chapter 11 Disputes
1. Metalclad v. Mexico
2. S.D. Myers v. Canada
3. Methanex v. United States
D. Loewen’s NAFTA Claims
E. Note on Other Methods of Resolving Investment Disputes
Challenges to International Law
The Use of Force
I. THE EVOLUTION OF THE LAW GOVERNING THE USE OF FORCE
I. The Evolution of the Law Governing the Use of Force 877
B. Initial Responses: Condemnations and Sanctions
C. Deciding to Use Force
1. The UN Ultimatum
2. The U.S. Sanctions Debate
3. Police Action or Self-Defense?
D. The War and Its Aftermath
1. Operations Desert Storm and Desert Sabre
2. The Cessation of Hostilities
3. Containing Iraq After the War
E. Operation Iraqi Freedom and Its Aftermath
1. Increasing International Pressure on Iraq
4. The UN Debate on the Need for Military Action
5. The War in Iraq
F. Debating the Legality of the War
B. The ICJ Opines on Intervention in Internal Conflicts
C. The Congo Revisited
D. Note on Peacekeeping
IV. HUMANITARIAN INTERVENTION: STOPPING REPRESSION IN KOSOVO
IV. Humanitarian Intervention: Stopping Repression in Kosovo 937
B. Debating the Legality of NATO Intervention
1. International Views on NATO’s Decision to Use Force
2. Yugoslavia Sues NATO in the ICJ
a. Belgium’s Defense
b. Yugoslavia’s Position on Necessity
c. The Court’s Decision on Jurisdiction
3. Scholarly Reactions to Kosovo
E. Security Council Reform
II. THE ONTOLOGICAL CHALLENGE: THE ‘‘WAR ON TERRORISM’’
II. The Ontological Challenge: The War on Terrorism 983
B. International Reactions
C. A War in Afghanistan
D. International Law: Relevant or Rhetorical?
1. The Legality of Force Against Afghanistan
2. U.S. Detention of Suspected Taliban and Al Qaeda Personnel
a. What Kind of Armed Conflict?
b. Treaty Law on Detainees
c. The Unfolding U.S. Policy
d. Judicial Review and Reaction
3. Options for Prosecuting Captured Suspected Terrorists
E. Ontological Doubts and Their Origins
F. Two Affirmations of International Law’s Utility
G. Two Perspectives on Law and Power
H. Two Views from International Relations
B. The International Legal Framework: TRIPs and Public Health
C. Two Domestic Responses
1. South Africa
2. Brazil
D. The Evolving International Response
E. The Doha Declaration
F. Non-State Actors in the Battle Against HIV/AIDS
G. International Law and Inequality
H. International Law and Justice
I. International Law: Change and Continuity
Table of Authorities
Index
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International Law

International Law

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Published by Beverli_Berenson
Provides a general introduction to the range, reach, possibilities and limit of international law. Second edition, 2006
Provides a general introduction to the range, reach, possibilities and limit of international law. Second edition, 2006

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Categories:Types, Business/Law
Published by: Beverli_Berenson on Feb 05, 2013
Copyright:Attribution Non-commercial

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