《INTERNATIONAL LAW IN A DIVIDED WORLD》求取 ⇩

SECTION Ⅰ.ORIGIN AND FOUNDATIONS OF THE INTERNATIONAL COMMUNITY9

1.Main Legal Features of the International Community9

Nature of International Legal Subjects9

Collective Responsibility11

Lack of Any Central Authority Wielding Exclusive Power:Consequent Decentralization of the Main Legal Functions13

The Need for International Law to Rely Heavily on Domestic Legal Systems14

The Range of States'Freedom of Action22

The Overriding Role of Effectiveness26

Individualistic Trends28

Coexistence of Old and New Patterns30

The International Community:A Divided World32

2.Historical Evolution of the International Community:The Former Setting(1648-1918)34

Birth of the Present International Community after the Peace of Westphalia(1648)34

Stage 1:From the Peace of Westphalia to the First World War38

Composition of the International Community38

Allocation of Power43

Legal Output46

Main Features of the Law47

Efforts to Restrain Great Powers'Dominance50

Rise and Fall of Slavery52

3.Historical Evolution of the International Community:The New Setting(from 1918 to the Present)55

The Subsequent Evolution of the International Community55

Stage 2:From the First to the Second World War57

The Turning-point:The First World War and its Consequences57

The Soviet Union's Presence Splits the International Community58

Another Experiment in Collective Co-ordination of Force:The League of Nations60

Legal Output62

Stage 3:From the UN Charter to the Accession of Most Formerly Dependent Countries to Political Independence(1945-60)64

The Consequences of the Second World War64

Composition of the International Community67

The Attempt at Institutionalizing the Pre-eminence of Great Powers68

The International Legal System in Transition69

Stage 4:From the Expansion of the Third World(1960)to the Present Day70

Composition of the International Community70

Legal Change72

4.International Legal Subjects74

General74

Categories of International Subjects76

Traditional Subjects77

States77

Insurgents81

New Subjects85

International Organizations85

Peoples under Colonial,Alien,or Racist Domination,Endowed with a Representative Organization(National Liberation Movements)90

Individuals99

Multinational Corporations:Are They International Subjects?103

Concluding Observations103

5.Attitudes of States Towards International Law105

General105

Western Countries106

Socialist States109

Developing Countries115

Concluding Remarks123

6.The Fundamental Principles Governing International Relations126

Introduction126

Sovereign Equality of States129

Self-determination of Peoples131

Prohibition of the Threat or Use of Force137

Peaceful Settlement ofDisputes142

Non-intervention in the Internal or External Affairs of Other States143

Respect for Human Rights148

International Co-operation150

Good Faith152

Distinguishing Traits of the Principles157

The Close Link Between the Principles and the Need for Their Co-ordination160

Concluding Remarks163

SECTION Ⅱ.CREATION AND EFFECTIVENESS OF INTERNATIONAL STANDARDS169

7.International Law-making169

Historical Evolution169

The Traditional Law-Making Processes:Custom and Treaties169

The Attempt at Expanding the Traditional Law-Making Processes in 1921:the General Principles of Law Recognized by Civilized Countries170

The Attempt at Granting Legislative Powers to the UN General Assembly in the late 1950s174

The Upgrading of Certain Fundamental Rules Produced by Traditional Sources of Law:The Introduction of Jus Cogens in the 1960s175

Present Sources of International Law179

General179

Custom180

Treaties185

The'Old'and the'New'Law186

The Role of General Assembly Resolutions in Law-making192

Consensus as a Means of Facilitating Agreement within International Organizations and Diplomatic Conferences in an Age of Deep Divisions195

International Law-making in a Divided World198

5.Settlement of Disputes200

Introduction200

Traditional Means of Settlement201

New Devices for Promoting Compliance with International Law207

Handling of Disputes by UN Organs207

International Supervision208

Compulsory Conciliation or Adjudication211

Conclusions213

9.Enforcement215

Introduction215

Traditional Law215

Intervention217

Reprisals219

War221

New Trends Following the First World War221

The New Law222

An Overview222

Collective Enforcement224

Enforcement by Individual States229

Coercive Enforcement230

Non-coercive Enforcement241

Recapitulation and Conclusion246

SECTION Ⅲ.CRUCIAL ISSUES OF TODAY253

10.International Legal Regulation of Armed Conflict253

Introduction253

Classes of War255

Traditional Law in a Nutshell257

New Developments in Modern Armed Conflict262

The New Law264

General264

Fundamentals of the Current Regulation of Armed Conflict266

Interstate Conflicts266

Conduct of Hostilities269

Protection of War Victims273

Means of Ensuring Compliance with Law274

Wars of National Liberation277

The Assimilation of Wars of National Liberation to International Conflicts277

Jus in bello279

Internal Armed Conflict280

General Features of the Legal Regulation of Civil Strife280

Customary Law281

Treaty Law284

Concluding Remarks285

11.International Protection of Human Dignity287

Introduction:The Birth,After the Second World War,of International Concern for Human Rights287

International Prohibition of Crimes against Humanity290

The International Protection of Human Rights by the UN293

The UN Charter293

Evolution of the U N Action296

The First Stage of International Protection of Human Rights(1945 to the late 1950s)297

The Influence of the Western'Doctrine'of Human Rights297

Moving Towards International Legislation298

The Tendency to Overrule the Objection of Domestic Jurisdiction300

The Cold War300

The Second Stage(1960 to the mid-1970s)300

The Socialist'Doctrine'300

International Legislation302

Supervision304

The U N's Widening Sphere of Action and Increasing Disregard of Domestic Jurisdiction306

The Third Stage(the mid-1970s to the Present Day)307

The Third World'Doctrine'of Human Rights307

Virtues and Defects of the Developing Countries'Strategy309

International Legislation and Control310

UN Action:Tentative Stock-taking311

Comparison and Contrast Between the Different'Philosophies'of Human Rights311

Legislative and Institutional Achievements313

Final Remarks315

12.The Law Governing International Economic Relations317

General317

Predominance of the Laissez-faire Principle Until the First World War317

The Inter-war Period320

The Major Turning-point After the Second World War:The Dominance of the U S and Its Neo-Liberal Outlook325

Promotion of Currency Stability:The International Monetary Fund326

Duties of the Member States327

The Right to Draw Foreign Currency from the Fund328

The Organizational and Power Structure of the Fund328

The Evolution of the IMF329

The Contribution of the IM F to Free Trade332

Mobilization of International Capital:The Bank for International Reconstruction and Development333

Criticism by Socialist and Third World Countries334

The Practical Results of Third World Criticism:The Establishment of the IFCandthe IDA337

The International Finance Corporation337

The International Development Association338

Liberalization of International Trade:The General Agreement on Tariffs and Trade339

The Position of Socialist and Developing Countries343

The Evolution of the International Regulation Protecting Foreign Investment345

Concluding Observations349

13.International Promotion of Development351

The Traditional Setting351

The Main Features of Developing Countries'Economic Structure352

The Emergence After the Second World War of a Drive Towards Assisting Less-developed Countries355

Stage 1(1946 to the early 1960s):Technical and Financial Assistance356

Stage 2(from the early 1960s to 1973):Trade Not Aid358

Stage 3(1974 to the Present):The New International Economic Order364

The Attempt to Supplement the NIEO by Introducing the Right to Development368

A Tentative Stock-taking371

14.From Sovereignty to Co-operation:The Common Heritage of Mankind376

General376

Traditional Principles Concerning the Appropriation of Territories376

The Modern Extension of State Sovereignty:The Continental Shelf,The Contiguous Zone,The Exclusive Economic Zone377

The Concept of'Common Heritage of Mankind'as a New Guiding Principle for the Joint Exploitation of Natural Resources379

The Emergence of the Concept379

The Common Heritage of Mankind Concept in the 1982 Convention on the Law of the Sea384

The Moon and Other Celestial Bodies as Common Heritage of Mankind387

Concluding Remarks391

15.Epilogue393

General393

International Law in a Deeply Divided World:Differences and Convergences among the Main Groups of States393

The Old and the New Patterns of World Legal Order396

The Role of Law in the World Community407

The Possible Contribution of Individuals and Private Groups413

Select Bibliography418

Index423