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Textbook on International Law

Martin Dixon
Print Publication Year: 2013 Published Online: Sep 2013 Publisher: Oxford University Press
ISBN: 9780199574452 eISBN: 9780191763724 DOI: 10.1093/he/9780199574452.001.0001
Item type: book

Course-focused and comprehensive, the Textbook on series provide an accessible overview

of the key areas on the law curriculum. This book offers a concise and focused introduction
to international law, from the nature and sources of international law to the use of force and
human rights. This seventh edition guides readers through the legal principles and areas of
controversy, bringing the subject to life with the use of topical examples to illustrate key
concepts. Chapters cover the nature and sources of international law, the law of treaties, and
national law. They also look at immunities from national jurisdiction, the law of the sea,
state responsibility, dispute settlement, and human rights issues.

2. The sources of international law

Martin Dixon
Print Publication Year: 2013 Published Online: Sep 2013 Publisher: Oxford University Press
ISBN: 9780199574452 eISBN: 9780191763724 DOI: 10.1093/he/9780199574452.003.0002
Item type: chapter

Course-focused and comprehensive, the Textbook on series provide an accessible overview

of the key areas on the law curriculum. International law has no formal institutions that
would create law, but several methods bring legal rules into existence and the precise
content of legal rules can be identified in a number of ways. These are the sources
of international law, which include those identified in Article 38 of the Statute of the
International Court of Justice (ICJ). This chapter focuses on sources of international law,
such as formal, material, and evidentiary sources. It also examines international treaties or
conventions, customary law and its relationship with treaty law, soft law, and the general
principles of law with an emphasis on natural law doctrines and the principles of equity. In
addition, it looks at judicial decisions such as those rendered by the ICJ and other tribunals.
Finally, the chapter discusses the resolutions and decisions of international organisations
such as the United Nations General Assembly and the Security Council.

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3. The law of treaties
Martin Dixon
Print Publication Year: 2013 Published Online: Sep 2013 Publisher: Oxford University Press
ISBN: 9780199574452 eISBN: 9780191763724 DOI: 10.1093/he/9780199574452.003.0003
Item type: chapter

Course-focused and comprehensive, the Textbook on series provide an accessible overview

of the key areas on the law curriculum. Treaties are legally binding instruments that
provide the only means for states to create binding legal obligations in a deliberate and
conscious manner. A specific set of rules, known as the law of treaties, has been created
for the sole purpose of regulating the creation, operation, and termination of treaties as
well as their use as a source of international law. This chapter first provides an overview
of treaties before examining in detail the law of treaties. It also discusses acts that lack
an intention to create legal relations and considers other ‘non-treaty’ circumstances that
give rise to legally binding obligations, including declarations under Article 36(2) of the
Statute of the International Court of Justice, unilateral statements of a state, legally binding
acts in national law, acts giving rise to customary law, and formal acts of international
organisations. It also discusses three Vienna conventions dealing with the law of treaties.

2. Historical background
Rhona K. M. Smith
Print Publication Year: 2013 Published Online: Jun 2014 Publisher: Oxford University Press
ISBN: 9780199672813 eISBN: 9780191783494 DOI: 10.1093/he/9780199672813.003.0002
Item type: chapter

Course-focused and comprehensive, the Textbook on series provides an accessible

overview of the key areas on the law curriculum. This chapter provides a historical
sketch of international human rights. It considers the divergent views as to the origins of
human rights, and suggests that human rights represent the modern interpretation and an
expansion of the traditional concept of the rule of law. The chapter discusses the law of
aliens; diplomatic laws; the laws of war; slavery; minority rights; the establishment of the
International Labor Organization; and human rights protection after World War II.

5. Personality, statehood and recognition

Martin Dixon
Print Publication Year: 2013 Published Online: Sep 2013 Publisher: Oxford University Press
ISBN: 9780199574452 eISBN: 9780191763724 DOI: 10.1093/he/9780199574452.003.0005
Item type: chapter

Course-focused and comprehensive, the Textbook on series provide an accessible overview

of the key areas on the law curriculum. International law deals primarily with the rights and
duties of states, but has increasingly become concerned with the rights and duties of non-
state actors in the international arena. These non-state actors now play an important role in
international relations and influence the development and application of international law.

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They range from individuals to ethnic groups, international organisations such as the United
Nations, pre-independent territorial entities, and multinational corporations. This chapter
examines the concepts of personality, statehood, and recognition in international law. It
discusses some of the problems arising in international and national law in the context of
recognition of foreign states, governments, and international organisations. It also reflects
on the constitutive theory of international personality and the effects of non-recognition in
the United Kingdom.

9. State responsibility
Martin Dixon
Print Publication Year: 2013 Published Online: Sep 2013 Publisher: Oxford University Press
ISBN: 9780199574452 eISBN: 9780191763724 DOI: 10.1093/he/9780199574452.003.0009
Item type: chapter

Course-focused and comprehensive, the Textbook on series provide an accessible

overview of the key areas on the law curriculum. This chapter examines the concept of
‘state responsibility’ in international law, focusing on the procedural rules relating to
responsibility for a violation of any and every international obligation, along with the
procedural and substantive rules relating to responsibility for injury to foreign nationals.
It also considers the proposals of the International Law Commission concerning the
principles of state responsibility. The chapter first discusses the general principles of state
responsibility before turning to the rules relating to the expropriation (nationalisation) of
property owned by foreign nationals, together with damages and remedies for unlawful
expropriations. Finally, it looks at the internationalisation of contracts and protection for
private investors.

1. The nature of international law and the international system

Martin Dixon
Print Publication Year: 2013 Published Online: Sep 2013 Publisher: Oxford University Press
ISBN: 9780199574452 eISBN: 9780191763724 DOI: 10.1093/he/9780199574452.003.0001
Item type: chapter

Course-focused and comprehensive, the Textbook on series provide an accessible overview

of the key areas on the law curriculum. International law has long been the subject of
controversy for three reasons: the existence of any set of rules governing inter-state
relations, whether it is entitled to be called ‘law’, and its effectiveness in controlling states
and other international actors in ‘real life’ situations. This chapter examines the nature and
quality of international law, its effectiveness and weakness, and its juridical basis as well as
the existence of international rules as a system of law. The chapter also considers how the
practice of international law is intrinsically related to diplomacy, politics, and the conduct
of foreign relations. Furthermore, the chapter discusses the enforcement procedures for
international law against malefactors, such as sanctions or penalties imposed by the United
Nations Security Council, loss of legal rights and privileges, and judicial enforcement

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such as the one employed by the International Court of Justice. Finally, it looks at future
prospects for international law.

4. International law and national law

Martin Dixon
Print Publication Year: 2013 Published Online: Sep 2013 Publisher: Oxford University Press
ISBN: 9780199574452 eISBN: 9780191763724 DOI: 10.1093/he/9780199574452.003.0004
Item type: chapter

Course-focused and comprehensive, the Textbook on series provide an accessible overview

of the key areas on the law curriculum. International law deals with the legal relations
between sovereign states while national law deals with the legal relations of individuals
within a state. However, there are cases when two legal systems overlap, such as whether
British courts can invoke the principles of international law to resolve civil or criminal
matters. This chapter examines the relationship between international law and national
law and the issues associated with their overlap. It considers how national law affects
decisions before international courts and how international law affects decisions before
national courts. The chapter first looks at three theories that explain the relationship of
international law and national law, namely: monism, dualism, and subject matter. It then
explores international law in the national law of the United Kingdom, with an emphasis
on treaties and similar international instruments, together with executive certificates and
ministerial discretion.

12. Human rights

Martin Dixon
Print Publication Year: 2013 Published Online: Sep 2013 Publisher: Oxford University Press
ISBN: 9780199574452 eISBN: 9780191763724 DOI: 10.1093/he/9780199574452.003.0012
Item type: chapter

Course-focused and comprehensive, the Textbook on series provide an accessible overview

of the key areas on the law curriculum. This chapter examines the rules of international
law that confer protection to individuals under the law of human rights. It first considers
the role and nature of human rights law and the development of the law of human rights
before turning to a discussion of the protection of human rights under the United Nations
through various instruments such as the International Covenant on Civil and Political Rights
1966 and the International Covenant on Economic, Social and Cultural Rights 1966. It also
looks at the role of the UN Economic and Social Council and the Human Rights Council in
the development of human rights law, the International Convention on the Elimination of
All Forms of Racial Discrimination 1966, other specialised agencies and subsidiary organs
of the UN that are also involved in the promotion and protection of human rights, and the
European Convention on Human Rights and Fundamental Freedoms 1950.

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11. The use of force
Martin Dixon
Print Publication Year: 2013 Published Online: Sep 2013 Publisher: Oxford University Press
ISBN: 9780199574452 eISBN: 9780191763724 DOI: 10.1093/he/9780199574452.003.0011
Item type: chapter

Course-focused and comprehensive, the Textbook on series provide an accessible overview

of the key areas on the law curriculum. This chapter examines the use of armed force under
international law and the rules of international law regulating the right to use force (ius ad
bellum). It first considers the ‘unilateral’ use of force, the use of armed force by individual
states or groups of states acting on their own initiative, in contrast to the ‘collective’ use of
force, the use of force by a competent international organisation like the United Nations.
The chapter provides an overview of the law before 1945 and the law after the UN Charter,
along with Article 24 of the Charter, the concept of self-defence, the role of the UN Security
Council in maintaining international peace and security, the UN General Assembly, regional
organisations, and peacekeeping.

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