14. The law of armed conflict

This chapter examines those parts of international law that regulate how military operations must be conducted—jus in bello. It begins in Section 14.2 with an overview of the most important legal sources. Section 14.3 discusses when humanitarian law applies and Section 14.4 examines the issue of battlefield status and the distinction between combatants and civilians. Section 14.5 provides an overview of some of the most basic principles governing the conduct of hostilities while Section 14.6 concerns belligerent occupation and Section 14.7. deals with the regulation of non-international armed conflict. Finally, Section 14.8 explores the relationship between international humanitarian law and human rights law in times of armed conflict.

6. Immunity from national jurisdiction and diplomatic protection

This chapter discusses the different forms of immunity from national jurisdiction enjoyed by a state and its representatives. It presents state immunity and the complicated distinction between sovereign (jure imperii) and commercial (jure gestionis) acts. It discusses the exception to state immunity for commercial acts; provides an overview of some of the additional exceptions to state immunity; and discusses the immunities of state representatives. It distinguishes between immunity ratione personae and immunity ratione materiae and discusses how the distinction is applied to different state representatives. It also discusses the immunities of diplomatic representatives and diplomatic missions as well as the issue of consular protection and the immunities enjoyed by so-called special missions.

5. Jurisdiction

This chapter discusses the international legal concept of jurisdiction as well as the content of the relevant legal principles. The term jurisdiction relates to the authority of a state to exert its influence and power—in practice make, apply and enforce its rules—and create an impact or consequence on individuals or property. The chapter explains the difference between, respectively, the jurisdiction to prescribe and the jurisdiction to enforce and the main elements thereof. It analyses the different principles of prescriptive jurisdiction (the principle of territoriality, nationality, universality, protection and so-called passive personality) and discusses the issue of concurring jurisdictions as well as jurisdiction on ships and aircraft. It also discusses the prohibition on enforcing jurisdiction on the territory of another state as well as the legal consequences of violating that prohibition.

1. Foundations and structure of international law

This chapter introduces the subject of public international law and provides an overview of its most important elements. It begins with a brief historical overview of international law. It then presents the international legal system consisting of different structures of legal rules and principles; discusses the basis of international legal obligation; offers a brief overview of the relationship between international law and national law; and deals with the issue of enforcement. The chapter concludes with some remarks about the alleged inadequacies of international law and the tension between notions of justice and order that is so prevalent within the international legal system.

7. State responsibility

This chapter discusses the international law of responsibility as primarily reflected in the 2001 International Law Commission’s Articles on the Responsibility of States for Internationally Wrongful Acts. It opens in Section 7.2 with an overview of some of the core principles and elements of state responsibility for wrongful acts. Section 7.3 discusses the issue of state attribution before Section 7.4 examines joint and collective responsibility. Section 7.5 discusses the various circumstances that may preclude the wrongfulness of conduct otherwise in violation of a (primary) legal obligation. Section 7.6 looks into the consequences of state responsibility while Section 7.7 discusses who may be entitled to invoke state responsibility. Section 7.8 examines the rules on diplomatic protection and Section 7.9 provides a brief overview of the responsibility of international organizations.

12. The peaceful settlement of disputes

This chapter discusses some of the more relevant methods for peaceful dispute settlement. It begins by introducing a number of non-adjudicatory settlement mechanisms and providing a brief overview of the role played by the UN. It then discusses the adjudicatory means of settling disputes, including international arbitration; the competences and powers of the International Court of Justice; issues of access to the Court and the Court’s jurisdiction in contentious cases; the power of the Court to issue provisional measures; the effects of the Court’s decisions; the relationship between the Court and the UN Security Council; and the Court’s competence to issue advisory opinions.

11. International economic law

International economic law covers a vast range of rules and principles on economic conduct and relations between states, international organizations and private actors, both individuals and corporations. This chapter deals with the most fundamental areas of the law: the international law of trade, international investment law and international monetary law. It introduces the World Trade Organization and the most important principles governing international trade, including those contained in the General Agreement on Tariffs and Trade. It presents international monetary law, with a particular emphasis on the role and activities of the International Monetary Fund. It also discusses the international regulation of international investments and the most important principles thereof, including those that govern expropriation of foreign property.

15. International criminal law

This chapter looks at the purposes and principles of international criminal law. International criminal law seeks to ensure that perpetrators of certain heinous acts are criminally liable for their acts, either before national or international criminal courts or tribunals. It is a fairly recent addition to international law and it was not until after the end of the Second World War that it became accepted that international law authorizes the criminal prosecution of individual perpetrators of serious offences. The chapter begins by discussing the most important sources of international criminal law. It then examines the prosecution of international crimes before international criminal courts, including the conditions for prosecuting suspected international criminals before the International Criminal Court. It also discusses the national prosecution of international crimes and the obligation found in a number of conventions to criminalize and prosecute certain conduct.

13. The international regulation of the use of force

This chapter discusses the regulation of when and for what purpose a state may use force against another state—jus ad bellum. It provides an overview of the legal framework in the 1945 UN Charter. It analyses the content of the prohibition on the use of force in article 2(4) of the Charter; discusses the competences of the UN Security Council; and examines the right to self-defence. The Security Council is entrusted with primary responsibility for the maintenance of international peace and security and, under Chapter VII of the Charter, the Council may authorize the use of force if required to maintain and/or restore the peace. Article 51 of the Charter allows a state to defend itself in the case of armed attack.

3. The law of treaties

This chapter examines the principles and rules of the international law of treaties as reflected in the 1969 Vienna Convention on the Law of Treaties (VCLT). It discusses the treaty as a legal concept and provides an overview of the regulation of who can conclude treaties, how consent to be bound by a treaty is expressed, the rules on entry into force, treaty reservations, the interpretation of treaties, amendments and modifications, the invalidity of treaties, and the termination of and withdrawal from treaties. The VCLT is meant to be applied to all types of written treaties and it therefore governs treaties as diverse as a bilateral agreement to construct infrastructure as well as a multilateral document such as the UN Charter. In practice, however, the concrete application of the Convention may differ depending on the type of treaties.