International Law 9th Edition by Malcolm N. Shaw, ISBN-13: 978-1108733052

Name: International Law 9th Edition by Malcolm N. Shaw, ISBN-13: 978-1108733052
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International Law 9th Edition by Malcolm N. Shaw, ISBN-13: 978-1108733052

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Publisher: ‎ Cambridge University Press; 9th edition (September 23, 2021)
Language: ‎ English
1308 pages
ISBN-10: ‎ 1108733050
ISBN-13: ‎ 978-1108733052

International Law is the definitive and authoritative text on the subject. It has long been established as a leading authority in the field, offering an unbeatable combination of clarity of expression and academic rigour, ensuring understanding and analysis in an engaging and authoritative style. Explaining the leading rules, practice and caselaw, this treatise retains and develops the detailed referencing which encourages and assists the reader in further study. This new edition has been fully updated to reflect recent developments. In particular, it has expanded the treatment of space law and of international economic law, and introduced new sections on cyber operations and cyber warfare, as well as reflecting the Covid-19 crisis. Both clarifying fundamental principles and facilitating additional research, International Law is invaluable for students and for those occupied in private practice, governmental service and international organisations.

Table of Contents:

Half-title
Reviews
Title page
Copyright information
Dedication
Contents
Preface to the Ninth Edition
Table of Cases
Table of Treaties and Selected Other International Instruments
List of Abbreviations
1 The Nature and Development of International Law
Law and Politics in the World Community
The Role of Force
The International System
The Function of Politics
Historical Development
Early Origins
The Middle Ages and the Renaissance
The Founders of Modern International Law
Positivism and Naturalism
The Nineteenth Century
The Twentieth Century and Beyond
Communist Approaches to International Law
The ‘Developing Countries’
Suggestions for Further Reading
2 International Law Today
The Expanding Legal Scope of International Concern
Modern Theories and Interpretations
Positive Law and Natural Law
New Approaches
The Fragmentation of International Law?
Conclusion
Suggestions for Further Reading
3 Sources
Custom
Introduction
The Material Fact
What is State Practice?
Opinio Juris
Protest, Acquiescence and Change in Customary Law
Regional and Local Custom
Treaties
General Principles of Law
Equity and International Law
Judicial Decisions
Writers
Other Possible Sources of International Law
The International Law Commission
Other Bodies
Unilateral Acts
Hierarchy of Sources and Jus Cogens
Suggestions for Further Reading
4 International Law and Municipal Law
The Theories
The Role of Municipal Rules in International Law
International Law before Municipal Courts
The United Kingdom
Customary International Law
Treaties
The United States
Other Countries
(i) Other Common Law and Related Legal Systems
(ii) Civil Law Systems
(iii) Conclusion
Non-Justiciability, Act of State and Related Doctrines
Executive Certificates
Suggestions for Further Reading
5 The Subjects of International Law
Legal Personality – Introduction
States
Creation of Statehood
Self-Determination and the Criteria of Statehood
Recognition
Extinction of Statehood
The Fundamental Rights of States
Independence
Equality
Peaceful Co-Existence
Protectorates and Protected States
Federal States
Sui Generis Territorial Entities
Mandated and Trust Territories
Germany 1945
Condominium
International Administration of Territories
Taiwan
The ‘Turkish Republic of Northern Cyprus’ (TRNC)
The Saharan Arab Democratic Republic
Kosovo
Palestine
Various Secessionist Claimants
Associations of States
Conclusions
Special Cases
The Sovereign Order of Malta
The Holy See and the Vatican City
Insurgents and Belligerents
International Public Companies
Transnational Corporations
The Right of All Peoples to Self-Determination
The Establishment of the Legal Right
The Definition of Self-Determination
Individuals
International Organisations
The Acquisition, Nature and Consequences of Legal Personality – Some Conclusions
Suggestions for Further Reading
6 The International Protection of Human Rights
The Nature of Human Rights
The Development of International Human Rights Law
Some Basic Principles
Domestic Jurisdiction
The Rule on the Exhaustion of Domestic (or Local) Remedies
Priorities of Rights
The COVID-19 Crisis
Customary International Law and Human Rights
The UN System – General
The Protection of the Collective Rights of Groups and Individuals
Prohibition of Discrimination
The Principle of Self-Determination as a Human Right
The Protection of Minorities
The UN System – Implementation
Political Bodies
Expert Bodies Established by UN Organs
The Committee on Economic, Social and Cultural Rights
Expert Bodies Established under Particular Treaties
The Committee on the Elimination of Racial Discrimination
The Human Rights Committee
The Committee on the Elimination of Discrimination against Women
The Committee against Torture
The Committee on the Rights of the Child
The Committee on the Protection of Migrant Workers
The Committee on the Rights of Persons with Disabilities
The Committee on Enforced Disappearances
Conclusions
The Regional Protection of Human Rights
Europe
The European Convention on Human Rights
The Convention System
The European Social Charter
The European Convention for the Prevention of Torture and Inhuman and Degrading Treatment or Punishm
The Council of Europe Framework Convention for the Protection of National Minorities
The European Union
The OSCE (Organization for Security and Co-operation in Europe)
The CIS Convention on Human Rights and Fundamental Freedoms
The Inter-American Convention on Human Rights
The Banjul Charter on Human and Peoples’ Rights
Suggestions for Further Reading
7 Individual Criminal Responsibility in International Law
International Criminal Courts and Tribunals
The International Criminal Tribunal for the Former Yugoslavia (ICTY)
The International Criminal Tribunal for Rwanda (ICTR)
The Mechanism for International Criminal Tribunals
The International Criminal Court (ICC)
Hybrid Courts and Other Internationalised Domestic Courts and Tribunals
The Special Court for Sierra Leone
Extraordinary Chambers in the Courts of Cambodia
Kosovo Specialist Chambers and Specialist Prosecutor’s Office
East Timor Special Panels for Serious Crimes
The Bosnia War Crimes Chamber
The Special Tribunal for Lebanon
The Iraqi High Tribunal
The Serbian War Crimes Departments
International Crimes
Genocide
Prohibition of Genocide
War Crimes
Crimes against Humanity
Aggression
Suggestions for Further Reading
8 Recognition
Recognition of States
Recognition of Governments
De Facto and de Jure Recognition
Premature Recognition
Implied Recognition
Conditional Recognition
Collective Recognition
Withdrawal of Recognition
Non-Recognition
The Legal Effects of Recognition
Internationally
Internally
The United Kingdom
The United States
Suggestions for Further Reading
9 Territory
The Concept of Territory in International Law
Territorial Sovereignty
The Acquisition of Additional Territory
Boundary Treaties and Boundary Awards
Accretion
Cession
Conquest and the Use of Force
The Exercise of Effective Control
Intertemporal Law
Critical Date
Sovereign Activities (Effectivités)
The Role of Subsequent Conduct: Recognition, Acquiescence and Estoppel
Conclusions
Territorial Integrity, Self-Determination and Sundry Claims
The Doctrine of Uti Possidetis
Beyond Uti Possidetis
International Boundary Rivers
‘The Common Heritage of Mankind’
The Polar Regions
Leases and Servitudes
The Law of Outer Space
The Definition and Delimitation of Outer Space
The Legal Regime of Outer Space
Military Uses of Outer Space
The Question of Responsibility
Assistance
The Moon Treaty
The Future
Suggestions for Further Reading
10 The Law of the Sea
The Territorial Sea
Internal Waters
Baselines
Bays
Islands
Archipelagic States
The Width of the Territorial Sea
The Juridical Nature of the Territorial Sea
The Right of Innocent Passage
Jurisdiction over Foreign Ships
International Straits
The Contiguous Zone
The Exclusive Economic Zone
The Continental Shelf
Definition
The Rights and Duties of the Coastal State
Maritime Delimitation
Conclusion
Landlocked States
The High Seas
Jurisdiction on the High Seas
Exceptions to the Exclusivity of Flag-State Jurisdiction
Right of Visit
Piracy
The Slave Trade
Unauthorised Broadcasting
Hot Pursuit
Collisions
Treaty Rights and Agreements
Pollution
Straddling Stocks
The International Seabed
Introduction
The 1982 Law of the Sea Convention (Part XI)
The Reciprocating States Regime
The 1994 Agreement on Implementation of the Seabed Provisions of the Convention on the Law of the Se
The International Seabed Authority
Settlement of Disputes
The International Tribunal for the Law of the Sea
Suggestions for Further Reading
11 Jurisdiction
The Principle of Domestic Jurisdiction
Legislative, Executive and Judicial Jurisdiction
Civil Jurisdiction
Criminal Jurisdiction
The Territorial Principle
The Nationality Principle
The Passive Personality Principle
The Protective Principle
The Universality Principle
War Crimes, Crimes against Peace and Crimes against Humanity
Treaties Providing for Jurisdiction
Illegal Apprehension of Suspects and the Exercise of Jurisdiction
The US Alien Tort Statute
Extradition
Extraterritorial Jurisdiction
Suggestions for Further Reading
12 Immunities from Jurisdiction
Sovereign Immunity
The Absolute Immunity Approach
The Restrictive Approach
Sovereign and Non-Sovereign Acts
State Immunity and Violations of Human Rights
Commercial Acts
Contracts of Employment
Other Non-Immunity Areas
The Personality Issue – Instrumentalities and Parts of the State
The Personality Issue – Immunity for Senior Government Figures
Waiver of Immunity
Pre-Judgment Attachment
Immunity from Execution
The Burden and Standard of Proof</li