To save content items to your account,
please confirm that you agree to abide by our usage policies.
If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account.
Find out more about saving content to .
To save content items to your Kindle, first ensure email@example.com
is added to your Approved Personal Document E-mail List under your Personal Document Settings
on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part
of your Kindle email address below.
Find out more about saving to your Kindle.
Note you can select to save to either the @free.kindle.com or @kindle.com variations.
‘@free.kindle.com’ emails are free but can only be saved to your device when it is connected to wi-fi.
‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.
The law that regulates armed conflicts is one of the oldest branches of international law, and yet continues to be one of the most dynamic and relevant areas of law today. Now in its third edition, this textbook provides an accessible, scholarly, and up-to-date examination of international humanitarian law, offering students and teachers a comprehensive and logical discussion and analysis of the law. The textbook contains detailed examples, extracts from relevant cases, and useful discussion questions and a recommended reading list for each chapter, to help students and teachers alike engage with the subject matter, and grasp how the theory and the practice interact. Developing and emerging trends in theory and practice of international humanitarian law are also explored and examined, allowing for readers to build on their knowledge, and grapple with some of the biggest challenges facing the law of armed conflict in the twenty-first century.
The previous chapter described the extent of a state’s physical territory; this chapter looks at how far a state’s legal power extends. As will be seen, international law places certain limits on the right of a state to make, apply and enforce its laws – its jurisdiction – and these limits are considered in Section 6.2. International law also recognises two principal bars to the exercise of that jurisdiction: diplomatic immunity and state immunity; these are covered in Sections 6.3 and 6.4. Two other bars to jurisdiction, namely special mission immunity and the foreign act of state doctrine, are also briefly covered in Sections 6.6 and 6.7.
This chapter covers the international law governing the use of force between states – the jus ad bellum. This is in contrast to the jus in bello – the law of armed conflict, or international humanitarian law – which regulates the conduct of hostilities once under way (see Chapter 11). Since at least 1945 the use of force by states has been prohibited, except in self-defence or when authorised by the United Nations Security Council. This chapter analyses the prohibition, the two exceptions, and the controversial issue of humanitarian intervention and its close relative, the ‘responsibility to protect’.
International economic law is an umbrella term with no fixed meaning. At its broadest, it covers all aspects of economic relations between states, including regulation of the conduct of individuals, corporations and international organisations. A narrower meaning is ‘the segment of public international law directly governing – rather than merely affecting – economic relations between States or international organizations’. The field also embraces governance arrangements, such as the World Bank, International Monetary Fund, and World Trade Organization, as well as the many UN and regional bodies that advance economic development. As space does not permit a discussion of all these aspects, this chapter focuses on two important areas: international trade law and international investment law. International trade law is the body of law, mainly treaty based, that governs the terms on which states permit the trade in goods and services across their borders.
Before the 20th century, most rules of international law were in the form of customary international law. Since then, the increased complexity of international relations and rapid international development have led to a substantial growth in the number and diversity of treaties. Article 38(1)(a) of the Statute of the International Court of Justice (‘ICJ Statute’) recognises treaties as a (material) source of international law by referring to ‘international conventions, whether general or particular, establishing rules expressly recognized by the contesting states’. Treaties now regulate trade, communications, environmental protection, military cooperation and defence, and human rights, to name but a few of the myriad topics. International environmental law, for example, is almost entirely governed by treaties, and international trade, investment and communications ‘are unimaginable without treaties’. The main rules in the law of treaties are contained in the 1969 Vienna Convention on the Law of Treaties (‘VCLT’), which governs treaty relations between states and is the focus of this chapter.
Public international law is a global legal system which regulates the conduct of countries and other actors. Public International Law offers Australian students a comprehensive and accessible introduction to international law. Covering the fundamental topics of international law – including treaties, use of force and dispute settlement – this text also discusses specialised branches such as humanitarian law, criminal law and environmental law. The key principles and theories of international law are clearly explained and analysed, and their application is illustrated by succinct, carefully chosen extracts from cases and materials. These sources strike a balance between key international cases and important cases from domestic legal systems. Discussion questions at the end of each chapter encourage students to apply and test their understanding of each topic, while a glossary of key terms clearly explains complex concepts. Written by an expert author team, Public International Law is a fundamental resource for Australian students of international law.