Pub Date : 2019-07-03DOI: 10.1093/HE/9780198737445.003.0014
J. Crawford
This chapter discusses some legal issues that can arise in connection with the use of shared resources; the generation and use of energy and other uses of transboundary water resources; and other forms of transboundary co-operation, as well as issues specific to the polar regions and outer space.
{"title":"14. Common spaces and cooperation in the use of natural resources","authors":"J. Crawford","doi":"10.1093/HE/9780198737445.003.0014","DOIUrl":"https://doi.org/10.1093/HE/9780198737445.003.0014","url":null,"abstract":"This chapter discusses some legal issues that can arise in connection with the use of shared resources; the generation and use of energy and other uses of transboundary water resources; and other forms of transboundary co-operation, as well as issues specific to the polar regions and outer space.","PeriodicalId":391785,"journal":{"name":"Brownlie's Principles of Public International Law","volume":"203 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-07-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124562893","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2019-07-03DOI: 10.1093/he/9780198737445.003.0021
J. Crawford
Jurisdiction refers to a state’s competence under international law to regulate the conduct of natural and juridical persons. The notion of regulation includes the activity of all branches of government: legislative, executive, and judicial. This chapter discusses prescriptive jurisdiction over crimes, civil prescriptive jurisdiction, the separateness of the grounds of jurisdiction, and enforcement jurisdiction.
{"title":"21. Jurisdictional competence","authors":"J. Crawford","doi":"10.1093/he/9780198737445.003.0021","DOIUrl":"https://doi.org/10.1093/he/9780198737445.003.0021","url":null,"abstract":"Jurisdiction refers to a state’s competence under international law to regulate the conduct of natural and juridical persons. The notion of regulation includes the activity of all branches of government: legislative, executive, and judicial. This chapter discusses prescriptive jurisdiction over crimes, civil prescriptive jurisdiction, the separateness of the grounds of jurisdiction, and enforcement jurisdiction.","PeriodicalId":391785,"journal":{"name":"Brownlie's Principles of Public International Law","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-07-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130797634","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2019-07-03DOI: 10.1093/HE/9780198737445.003.0008
J. Crawford
This chapter begins with a brief discussion of the concept of territory. It explains key terms and distinctions, including sovereignty and jurisdiction, sovereignty and ownership, sovereignty and administration, and ‘sovereign rights’ beyond state territory. This is followed by discussions of territorial administration separated from state sovereignty and restrictions on disposition of territory.
{"title":"8. Forms of governmental authority over territory","authors":"J. Crawford","doi":"10.1093/HE/9780198737445.003.0008","DOIUrl":"https://doi.org/10.1093/HE/9780198737445.003.0008","url":null,"abstract":"This chapter begins with a brief discussion of the concept of territory. It explains key terms and distinctions, including sovereignty and jurisdiction, sovereignty and ownership, sovereignty and administration, and ‘sovereign rights’ beyond state territory. This is followed by discussions of territorial administration separated from state sovereignty and restrictions on disposition of territory.","PeriodicalId":391785,"journal":{"name":"Brownlie's Principles of Public International Law","volume":"12 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-07-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132878126","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2019-07-03DOI: 10.1093/HE/9780198737445.003.0031
J. Crawford
This chapter considers preliminary issues, involving both jurisdiction and admissibility, before international courts and tribunals. It discusses prior negotiations, the requirement of a dispute, grounds of inadmissibility, diplomatic protection, and mixed claims.
{"title":"31. The claims process","authors":"J. Crawford","doi":"10.1093/HE/9780198737445.003.0031","DOIUrl":"https://doi.org/10.1093/HE/9780198737445.003.0031","url":null,"abstract":"This chapter considers preliminary issues, involving both jurisdiction and admissibility, before international courts and tribunals. It discusses prior negotiations, the requirement of a dispute, grounds of inadmissibility, diplomatic protection, and mixed claims.","PeriodicalId":391785,"journal":{"name":"Brownlie's Principles of Public International Law","volume":"23 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-07-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133540701","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2019-07-03DOI: 10.1093/he/9780198737445.003.0029
J. Crawford
This chapter outlines the emergence of human rights in the sphere of international law and organization, and discusses the sources of human rights standards, non-discrimination and collective rights, the scope of human rights standards, and the regional protection and enforcement of human rights.
{"title":"29. International human rights","authors":"J. Crawford","doi":"10.1093/he/9780198737445.003.0029","DOIUrl":"https://doi.org/10.1093/he/9780198737445.003.0029","url":null,"abstract":"This chapter outlines the emergence of human rights in the sphere of international law and organization, and discusses the sources of human rights standards, non-discrimination and collective rights, the scope of human rights standards, and the regional protection and enforcement of human rights.","PeriodicalId":391785,"journal":{"name":"Brownlie's Principles of Public International Law","volume":"117 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-07-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"117273741","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2019-07-03DOI: 10.1093/he/9780198737445.003.0024
J. Crawford
The assignment of persons (including corporations) and property to states, in particular for the purposes of diplomatic protection, is normally approached through the concept of nationality, yet the problem must be solved in a variety of contexts, including jurisdiction. This chapter reviews international law governing the nationality of corporations, nationality of ships, nationality of aircraft, nationality of space objects, and state property in general.
{"title":"24. Nationality of corporations and assets","authors":"J. Crawford","doi":"10.1093/he/9780198737445.003.0024","DOIUrl":"https://doi.org/10.1093/he/9780198737445.003.0024","url":null,"abstract":"The assignment of persons (including corporations) and property to states, in particular for the purposes of diplomatic protection, is normally approached through the concept of nationality, yet the problem must be solved in a variety of contexts, including jurisdiction. This chapter reviews international law governing the nationality of corporations, nationality of ships, nationality of aircraft, nationality of space objects, and state property in general.","PeriodicalId":391785,"journal":{"name":"Brownlie's Principles of Public International Law","volume":"82 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-07-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122617479","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2019-07-03DOI: 10.1093/he/9780198737445.003.0016
J. Crawford
This chapter discusses the definition and functions of treaties. It deals with the conclusion of treaties; reservations; observance, application, and interpretation of treaties; amendment and modification of treaties; and invalidity, termination, and suspension of treaties.
{"title":"16. The law of treaties","authors":"J. Crawford","doi":"10.1093/he/9780198737445.003.0016","DOIUrl":"https://doi.org/10.1093/he/9780198737445.003.0016","url":null,"abstract":"This chapter discusses the definition and functions of treaties. It deals with the conclusion of treaties; reservations; observance, application, and interpretation of treaties; amendment and modification of treaties; and invalidity, termination, and suspension of treaties.","PeriodicalId":391785,"journal":{"name":"Brownlie's Principles of Public International Law","volume":"35 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-07-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121470219","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2019-07-03DOI: 10.1093/HE/9780198737445.003.0027
J. Crawford
International law has remained imprecise with respect to the scope and consequences of serious, systemic illegality, but there have been developments that have made collective action under law possible. The chapter reviews the objective consequences of illegal acts, covering peremptory norms (ius cogens), the obligation not to recognize a situation as lawful, and the obligation of putting an end to an unlawful situation.
{"title":"27. Multilateral public order and issues of responsibility","authors":"J. Crawford","doi":"10.1093/HE/9780198737445.003.0027","DOIUrl":"https://doi.org/10.1093/HE/9780198737445.003.0027","url":null,"abstract":"International law has remained imprecise with respect to the scope and consequences of serious, systemic illegality, but there have been developments that have made collective action under law possible. The chapter reviews the objective consequences of illegal acts, covering peremptory norms (ius cogens), the obligation not to recognize a situation as lawful, and the obligation of putting an end to an unlawful situation.","PeriodicalId":391785,"journal":{"name":"Brownlie's Principles of Public International Law","volume":"31 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-07-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131395994","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2019-07-03DOI: 10.1093/HE/9780198737445.003.0023
J. Crawford
This chapter discusses the doctrine of the freedom of states in matters of nationality and the general principles on which nationality has traditionally been based. It then considers the effective link principle and the decision in Nottebohm, and reviews the application of rules of international law, concluding with a discussion of the functional approach to nationality.
{"title":"23. The relations of nationality","authors":"J. Crawford","doi":"10.1093/HE/9780198737445.003.0023","DOIUrl":"https://doi.org/10.1093/HE/9780198737445.003.0023","url":null,"abstract":"This chapter discusses the doctrine of the freedom of states in matters of nationality and the general principles on which nationality has traditionally been based. It then considers the effective link principle and the decision in Nottebohm, and reviews the application of rules of international law, concluding with a discussion of the functional approach to nationality.","PeriodicalId":391785,"journal":{"name":"Brownlie's Principles of Public International Law","volume":"6 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-07-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133225575","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2019-07-03DOI: 10.1093/HE/9780198737445.003.0030
J. Crawford
This chapter discusses the development of international criminal law and institutions, international criminal courts and tribunals, and international criminal justice in national courts. These developments respond to but also reflect repeated failures to prevent serious violations of human rights and international humanitarian law. The work of the International Criminal Court, specialized criminal tribunals and ‘hybrid’ tribunals is outlined.
{"title":"30. International criminal justice","authors":"J. Crawford","doi":"10.1093/HE/9780198737445.003.0030","DOIUrl":"https://doi.org/10.1093/HE/9780198737445.003.0030","url":null,"abstract":"This chapter discusses the development of international criminal law and institutions, international criminal courts and tribunals, and international criminal justice in national courts. These developments respond to but also reflect repeated failures to prevent serious violations of human rights and international humanitarian law. The work of the International Criminal Court, specialized criminal tribunals and ‘hybrid’ tribunals is outlined.","PeriodicalId":391785,"journal":{"name":"Brownlie's Principles of Public International Law","volume":"37 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-07-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131857460","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
京公网安备 11010802042870号
京ICP备2023020795号-1
扫码关注我们
求助内容：
应助结果提醒方式：