15. The Use of Force, Collective Security and Peacekeeping

International law aims to regulate the use of force in two ways. First, it stipulates that there is a paramount obligation not to use force to settle disputes, with only limited exceptions; and second, it has at its disposal a procedure whereby the international community itself may use force against those using violence. These are known respectively as the rules on the ‘unilateral use of force’ and the rules of ‘collective security’, both of which are discussed in this chapter.

13. International Economic Law

This chapter begins by defining international economic law. It then discusses the main international economic institutions: the World Trade Organization, the International Monetary Fund and the World Bank. It goes on to elaborate on the key principles of international trade law: tariffication, binding tariffs, most favoured nation treatment and the national treatment obligation and discusses exceptions to these principles, anti-dumping and subsidies, regional trade arrangements, and developing States and dispute settlement within the WTO. The chapter also discusses the key principles of international investment law (including foreign direct investment, protection standards, expropriation and dispute settlement); the international financial architecture; and international economic law and State sovereignty.

3. The Law of Treaties

Treaties are an important source of international law that are used with increasing frequency to codify, crystallise and develop international law. They are particularly useful when States need to change or reorganise their obligations under international law rapidly, sometimes to reflect the changed reality of international society. This chapter begins with the definition of a treaty. It then discusses the Vienna Convention on the Law of Treaties 1969; formation and application of treaties; reservations to treaties; interpretation of treaties; invalidity of treaties; and termination of treaties.

1. The Nature of the International Legal System

International law is a description of an entire legal system: the international legal system. It is an international legal system by which legal rules are created in order to structure and organise societies and relationships. It acknowledges the influence of political, economic, social and cultural processes upon the development of legal rules. This chapter discusses the relevance of international law; the international community and international law; theories of international law; and the practice of international law.

11. State Responsibility

State responsibility arises from the violation by a State (or other international legal person) of an international obligation that can be one of customary international law or arising from a treaty. The violation must be due to conduct attributable to a State. This chapter discusses the nature of State responsibility; attribution; breach of an international obligation of the State; circumstances precluding wrongfulness (defences); consequences of a breach; enforcement of a claim; and treatment of aliens.

9. Immunities from National Jurisdiction

States and international organisations and their representatives in the courts of other States enjoy immunity from legal process. This immunity can be split conveniently into State (or sovereign) immunity, and diplomatic and consular immunities. The first concerns foreign States per se (including the Head of State), while the second concerns the personal immunities enjoyed by representatives of those States. This chapter discusses the general principles of state immunity in international law; state immunity in the United Kingdom; Heads of State and other holders of high-ranking office; the relationship between immunity and acts contrary to international law; the immunities of international organisations and their staff; and diplomatic and consular immunities.

8. Jurisdictional Sovereignty

A State’s administrative, judicial, executive and legislative activity is part of the exercise of its sovereignty, sometimes known as its jurisdictional sovereignty. This chapter examines the objects of a State’s jurisdictional sovereignty (both natural and legal persons) and the circumstances in which it may be exercised. It considers the general principles of jurisdiction; grounds for the assertion of jurisdiction by national courts; and state jurisdiction and persons apprehended in violation of international law.

7. Sovereignty over Territory

Sovereignty is one of the fundamental concepts in international law. It is an integral part of the principles of equality of States, territorial integrity and political independence that are referred to in Article 2 of the United Nations Charter. Sovereignty is crucial to the exercise of powers by a State over both its territory and the people living in that territory. This chapter discusses traditional means of acquisition of territory; effective occupation; consent by other States; and limitations on sovereignty over territory.

2. Sources of International Law

This chapter begins with a discussion of the importance of the sources of international law. It then discusses the Statute of the International Court of Justice 1945; treaties; customary international law; general principles of law; judicial decisions and the writings of publicists; resolutions of international organisations; soft law.Finally, it looks at whether there exists a hierarchy of international law sources.

14. International Criminal Law

This chapter addresses the prosecution of crimes in international criminal courts according to international—not national—criminal law. International law has long recognised that certain conduct, for example piracy and slavery, are crimes against international law which may be tried by international bodies or by any State. This principle has been expanded to cover more substantive crimes. International mechanisms for criminal accountability may be established where national courts have failed or are unable to try offenders due to a lack of political will, insufficient resources, deficiencies in national law, and/or ongoing conflict. The establishment and jurisdiction of the existing international criminal tribunals, including the International Criminal Court, are considered.