This book presents a critical view of international law as an argumentative practice that aims to 'depoliticise' international relations. Drawing from a range of materials, Koskenniemi demonstrates how international law becomes vulnerable to the contrasting criticisms of being either an irrelevant moralist Utopia or a manipulable facade for State interests. He examines the conflicts inherent in international law - sources, sovereignty, 'custom' and 'world order' - and shows how legal discourse about such subjects can be described in terms of a small number of argumentative rules. This book was originally published in English in Finland in 1989 and though it quickly became a classic, it has been out of print for some years. In 2006, Cambridge was proud to reissue this seminal text, together with a freshly written Epilogue in which the author both responds to critiques of the original work, and reflects on the effect and significance of his 'deconstructive' approach today.

From Apology to Utopia: The Structure of International Legal Argument

This new edition of a textbook first published in 2000 provides a comprehensive account of the law of treaties from the viewpoint of an experienced practitioner. As such, it is the first, and only, book of its kind. Aust provides a wealth of examples of the problems experienced with treaties on a daily basis, not just when they are the subject of a court case. He explores numerous precedents from treaties and other related documents, such as memorandums of understanding (MOUs), in detail. Using clear, accessible language, the author covers the full extent of treaty law, drawing examples from both treaties and MOUs. Modern Treaty Law and Practice is essential reading for teachers and students of law, political science, international relations and diplomacy, who have an interest in treaties.

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Modern treaty law and practice

List of boxes, figures and tables Preface Acknowledgements List of abbreviations List of main symbols used in UN documents Glossary Table of cases 1. Introduction Part I. The Birth and Development of the Principle: The UN General Assembly as Midwife: Introductory remarks to part I 2. The formative years (1945-1962) 3. Promoting economic development by the exercise of permanent sovereignty: the period after 1962 4. Permanent sovereignty, environmental protection and sustainable development 5. Permanent sovereignty over natural resources in territories under occupation or foreign administration Summary and appraisal of part I Part II. Natural-Resource Law in Practice: From Creeping National Jurisdiction Towards International Co-operation: Introductory remarks to part II 6. International investment law: from nationalism to pragmatism 7. The law of the sea: extension of control over marine resources 8. International environmental law: sovereignty versus the environment? Appraisal of part II Part III. Balancing Rights and Duties in an Increasingly Interdependent World: 9. Rights and claims: seeking evidence of recognition in international law 10. Duties: the other side of the coin 11. Sovereignty over natural resources as a basis for sustainable development Appendices Bibliography Index.

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Sovereignty over Natural Resources: Balancing Rights and Duties

International institutions are powerful players on the world stage, and every student of international law requires a clear understanding of the forces that shape them. For example, with increasing global influence comes the need for internal control and accountability. This thought-provoking overview considers these and other forces that govern international institutions such as the UN, EU and WTO, and the complex relationship that exists between international organizations and their member states. Covering recent scholarly developments, such as the rise of constitutionalism and global administrative law, and analysing the impact of important cases, such as the ICJ's Genocide case (2007) and the Behrami judgment of the European Court of Human Rights (2007), its clarity of explanation and analytical approach allow students to understand and think critically about a complex subject.

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An Introduction to International Institutional Law

There are two contemporary approaches to the determination of customary international law: the "traditional," which emphasizes state practice, and the "modern," which emphasizes opinio juris. This article proposes a theory of custom that incorporates both approaches. It rejects analyzing custom on a "sliding scale" in favor of a reflective interpretive approach that reconciles the descriptive and normative justifications for traditional and modern custom.

https://papers.ssrn.com/sol3/Delivery.cfm/SSRN_ID1514331_code518800.pdf?abstractid=1514331

Traditional and Modern Approaches to Customary International Law: A Reconciliation

Foreword Georg Schwarzenberger Preface Tables Abbreviations Introduction Part I. The Principle of Self-Preservation: Introductory 1. Territorial application of the principle 2. External application of the principle Part II. The Principle of Good Faith: Introductory 3. Good faith in treaty relations 4. Good faith in the exercise of rights (the theory of abuse of rights) 5. Other applications of the principle Part III. General Principles of Law in the Concept of Responsibility: 6. General notions 7. The principle of individual responsibility 8. The principle of fault 9. The principle of integral reparation 10. The principle of proximate causality Part IV. General Principles of Law in Judicial Proceedings: Introductory 11. Jurisdiction 12. Power to determine the extent of jurisdiction (competence de la competence) 13. Nemo debet esse judex in propria sua causa 14. Audiatur et altera pars 15. Jura novit curia 16. Proof and burden of proof 17. The principle of res judicata 18. Extinctive prescription Conclusions Appendices Index.

General Principles of Law as Applied by International Courts and Tribunals

United Nations Resolutions on Outer Space: ‘Instant’ International Customary Law?

PART I: INTERNATIONAL LAW AND SPACE LAW PART II: THE UNITED NATIONS AND OUTER SPACE PART III: UNITED NATIONS TREATIES ON OUTER SPACE PART IV: OUTER SPACE, ASTRONAUTS AND SPACE OBJECTS PART V: MILITARY USE OF OUTER SPACE PART VI: COMMERCIAL USES OF OUTER SPACE AND INTERNATIONAL LAW

Bin Cheng

Papers

General Principles of Law as Applied by International Courts and Tribunals

General Principles of Law as Applied by International Courts and Tribunals

United Nations Resolutions on Outer Space: ‘Instant’ International Customary Law?

Studies in international space law

The Law of International Air Transport