21 The sources of international law Rules of international law are found in the sources of public international law. These are listed in the first instance in Article 38 of the Statute of the ICJ and cover: international treaties; international custom, as evidence of a general practice accepted as law
The Basics of International Law presents a comprehensive and accessible entry-level text which provides the most essential and basic rules and facts of international law in pocket format. This quick reference text offers UK-specific examples to contextualise international law concepts and directs the reader to further sources. Topics covered include: the place of international law in the national legal order; subjects of international law; sources of public international law; treaty law; jurisdiction; immunities; state responsibility; settlement of disputes; the enforcement of international law; peace and security; the law of international organisations; the United Nations; other global international organisations; regional intergovernmental organisations; international human rights; international criminal law; international economic law; and, international environmental law.
1 Definition of public international law Public international law is the body of law that governs the legal relations between internationally recognised legal persons (mainly states and international organisations). In literature and legislation, ‘public international law’ is also referred to as ‘international law
The law of the sea is an up-to-date and comprehensive treatment of this branch of public international law. It begins by tracing the historical origins of the law of the sea and explaining its sources, notably the 1982 UN Convention on the Law of the Sea. This is followed by chapters examining the various maritime zones into which the sea is legally divided, namely internal waters, the territorial sea, archipelagic waters, the contiguous zone, the continental shelf, the exclusive economic zone, the high seas and the International Seabed Area. In each case the legal nature of the zone and its physical dimensions are analysed. Separate chapters deal with the baselines from which the breadths of most maritime zones are delineated and the law governing the delimitation of boundaries between overlapping maritime zones. Later chapters discuss how international law regulates the safety of navigation, fisheries and scientific research, and provides for protection of the marine environment from pollution and biodiversity loss. The penultimate chapter addresses the question of landlocked States and the sea. The final chapter outlines the various ways in which maritime disputes may be settled. Throughout the book detailed reference is made not only to the UN Convention on the Law of the Sea, but also to other relevant instruments, the burgeoning case law of international courts and tribunals, and the academic literature.
History of International Law in the Americas, Empire and Legal Networks ( Oxford University Press 2017 ), Vicente Marotta Rangel , “International Law, Regional Developments: Latin America” ( 2008 ) Oxford Public International Law http://opil.ouplaw.com accessed 29 September
, ‘Peacetime Cyber Espionage: New Tendencies in Public International Law’ in Ziolkowski (ed), Peacetime Regime for State Activities in Cyberspace (n 42), pp. 449–50. On the one side, ‘[u]nauthorised copying of data containing classified information of strategic, political, economic or military nature relevant to national security; data containing
governed by an absolute freedom. If this reasoning be followed out, a principle of public international law is set up that where there is no special rule, absolute freedom must exist. The basis of this reasoning appears to be that it is vaguely felt that, even outside the domain of positive public international law, the situation of fact as regards
it would be a mistake to describe it as a rejection of international law as such. As James Crawford and Koskenniemi both rightly point out, the basic principles of public international law – sovereignty, non-intervention, diplomatic law, pacta sunt servanda (which Crawford calls “necessary international law”) – are not subject to challenge and appear in some ways to be stronger than ever. 9 What is being challenged instead is, in Koskenniemi’s words, its “ideological ambiance.” 10 It is the ambitions of raison du monde which are being challenged – that
le droit international (n 23), pp. 69–73. 812 Neil MacCormick, Legal Reasoning and Legal Theory (Oxford: Clarendon Press, 1978), p. 155. See also: Silja Vöneky, ‘Analogy in International Law’, Max Planck Encyclopedia of Public International Law
practice of the General Assembly’. 16 This said, it is fair to assume that the disconnect between the two descriptions of ‘practice’ in relation to international organisations is more contextual than conceptual; 17 that issue, however, lies outside the scope of the present chapter . 2 The juridical will in public international law The juridical will, that elusive legal attribute, has a key role in the creation of law and legal relations in any legal order. The concept of ‘juridical will’ is taken here to denote a broad category of mental states on the part of a