《INTERNATIONAL LAW IN THEORY AND PRACTICE》

Chapter Ⅰ. The nature and reality of international law1

The uses of law and the role of power5

The dependency of international law on the will of States9

Notes. Chapter Ⅰ15

Bibliography. Chapter Ⅰ16

Chapter Ⅱ. Policies， purposes and rules in a divided world18

The policy-orientation of the practitioner18

The proper and improper uses of policy and purpose in the application of international law23

The shared purposes of States27

Rules of necessity in a pluralist society30

Notes. Chapter Ⅱ32

Bibliography. Chapter Ⅱ33

Chapter Ⅲ. The quest for objectivity： sources， scholars and judges34

The doctrine of sources and the inductive science of law35

The scholarly works of the publicists38

Judicial decisions as mediating positivism39

The politics and beliefs of judges43

Notes. Chapter Ⅲ46

Bibliography. Chapter Ⅲ48

Chapter Ⅳ. General principles and equity49

The broad expanse of general principles of law50

The diverse manifestations of equity55

Equitable principles applied to resources and boundaries58

Notes. Chapter Ⅳ62

Bibliography. Chapter Ⅳ64

Chapter Ⅴ. The international lex scripta66

Codification： scientific and political66

Law making treaties and international regimes74

The proliferation of treaties and their significance in changing international society76

Notes. Chapter Ⅴ81

Bibliography. Chapter Ⅴ83

Chapter Ⅵ. Resolutions and political texts84

Resolutions of the United Nations General Assembly as evidence of law85

The effect of majority solutions for non-concurring States90

The political texts： agreements and declarations of a non-legal character94

Legal implications of the purely political “non-legal” instruments99

Notes. Chapter Ⅵ101

Bibliography. Chapter Ⅵ104

Chapter Ⅶ. The prohibition of force106

The United Nations context107

The meaning of Article 2（4）110

Consent to armed intervention114

Territorial claims116

The use of force for human rights117

Self-determination and national liberation119

Overthrow of repressive regimes120

Protection of life123

The use of force to safeguard legal rights126

Has Article 2（4） lost its legal force？129

Notes. Chapter Ⅶ131

Bibliography. Chapter Ⅶ133

Chapter Ⅷ. The use of force in self-defense135

Can self-defense be subject to law？135

International scrutiny138

The lex specialis of defense141

Law and accountability146

Anticipatory defense and armed attack150

Requirements of necessity and proportionality152

Collective self-defense155

Armed intervention in internal conflicts .158

Use of force against terrorists in another country162

Requirements of Necessity and Proportionality for Anti-Terrorist Activity167

Necessity as excuse169

Concluding comments on law of force174

Notes. Chapter Ⅷ175

Bibliography. Chapter Ⅷ182

Chapter Ⅸ. Peaceful means of redress： self-help and counter-measures184

Reprisals and retorsion as counter-measures185

Notification and good faith requirements186

Is recourse to peaceful settlements a condition of reprisals？188

Non-performance of treaty obligations as reprisal190

The requirement of proportionality193

Limits on counter-measures against individuals194

Violations of common concern： rights of third States to take counter-measures196

Legal limits of retorsion198

Notes. Chapter Ⅸ200

Bibliography. Chapter Ⅸ201

Chapter Ⅹ. International remedies202

Objective responsibility and obligation of redress203

The requirement of legal interest and injury205

Violations of multilateral treaties and of obligations erga omnes208

Requirements of prior negotiations and exhaustion of local remedies213

Non-adjudicatory means of settlement214

The limited use of adjudication217

Justiciable and political issues220

Notes. Chapter Ⅹ223

Bibliography. Chapter Ⅹ225

Chapter Ⅺ. Enforcement227

Ambivalence toward enforcement227

Enforcement by the International Court of Justice229

Enforcement of judgments of the International Court by the United Nations233

Action by the successful State to enforce judgment235

Enforcement of non -judicial decisions by international organizations237

Enforcement through private litigation239

Notes. Chapter Ⅺ246

Bibliography. Chapter Ⅺ248

Chapter Ⅻ. The jurisdiction of States250

The theoretical controversy over the Lotus case250

Contemporary controversies252

The bases of jurisdiction to prescribe253

Adjudicatory and enforcement jurisdiction255

The requirement of reasonableness258

The “effects doctrine”261

Orders for disclosure and foreign government compulsion264

The expanding area of universal jurisdiction267

Notes. Chapter Ⅻ270

Bibliography. Chapter Ⅻ272

Chapter ⅩⅢ. The new law of the sea274

The erosion of freedom in the oceans274

The complex structure of the new law of the sea in treaty and custom281

The balance of rights between coastal and maritime States285

The common heritage beyond national jurisdiction291

Notes. Chapter ⅩⅢ296

Bibliography. Chapter ⅩⅢ298

Chapter ⅩⅣ. Sovereign rights and international business300

Permanent sovereignty over natural resources301

“Internationalized” contracts between States and foreign nationals305

States responsibility for breach of contract311

Stabilization clauses314

Discrimination against foreign business enterprise315

Compensation for expropriation321

Liberalization and privatization325

Notes. Chapter ⅩⅣ325

Bibliography. Chapter ⅩⅣ328

Chapter ⅩⅤ. International human rights330

Some basic antinomies and dilemmas331

Human rights as customary international law335

Human rights as jus cogens and obligations erga omnes342

Politics and human rights345

Human rights and economic development348

Economic and social rights and State accountability352

Notes. Chapter ⅩⅤ356

Bibliography. Chapter ⅩⅤ360

Chapter ⅩⅥ. Protecting the environment362

Concepts and principles362

Defining environmental harm and risk365

The qualified duty of prevention in the light of conflicting interests368

The duty to inform， assess and consult373

Liability and compensation375

Enforcement and remedies381

Notes. Chapter ⅩⅥ384

Bibliography. Chapter ⅩⅥ388

Chapter ⅩⅦ. Collective security redux389

The use of force under Chapter Ⅶ391

The special agreements under Article 43392

Implications for national constitutional requirements394

Authority and command396

Legal limits on ends and means399

Application of law of armed conflict to United Nations forces400

Self-defense and United Nations authority401

The use of armed force in United Nations peacekeeping404

Limits on peacekeeping407

Use of force in peacekeeping408

Force authorized by regional organization410

Concluding comments413

Notes. Chapter ⅩⅦ413

Bibliography. Chapter ⅩⅦ416

Index418