Introduction
International law is a popular subject which attracts large numbers of students. However, students often struggle with a number of its substantive topics. In part, this is because international law is very different from most other subjects that most students will have encountered. Many legal subjects (e.g. contract law) exist within a national law framework. Their rules are contained within recognised sources of law (e.g. in a statute), produced by established institutions whose authority to create law is unquestioned (e.g. Parliament). Such rules are liable to be enforced by the courts. In short, a national legal system is a hierarchical legal system. In sharp contrast, international law regulates relations between States and it recognises that all States are equal and sovereign. The international legal system does not have a central legislature nor a court endowed with compulsory jurisdiction to resolve legal disputes. In essence, it is a horizontal legal system. Consequently, international law is a very different kind of ‘law’ from national law and the fundamental differences between the discrete areas of national law and international law can prove to be quite challenging for students. These differences can impact on any analysis of the nature of the international legal system; they can make it difficult to identify when international law has been created or changed; and they can make it difficult to identify and interpret international legal rules.
As a result, students face significant challenges in answering assessment questions in this subject. Questions often focus on theoretical legal issues. This book helps you to answer such questions, first, by highlighting the abstract issues that have shaped the subject. Second, it identifies the subject’s pervasive themes so that you can understand discrete topics in a wider context. Finally, the book uses a range of innovative devices to provide you with
strategic advice on how to recognise problematic aspects of international law and how best to tackle them.
Another challenge that international law presents to students is the fact that its various topics are closely interrelated. An assessed question will often involve a number of discrete topics. Accordingly, you will need to acquire a sound knowledge of a wide range of topics and you will also need to understand how they relate to each other. This book advises you on the best way to enhance your technique of answering assessed problems and essay questions. It shows you how to identify the applicable law; how to construct relevant arguments by reference to the most appropriate legal sources; and how to relate the discrete topics of international law to one another in a structured and coherent manner.
However, you should appreciate that the present book is no substitute for a good textbook. It enables you to consolidate and make sense of your learning. It offers you a concise account of the subject’s key topics with the aim of providing you with targeted advice on how to improve your performance in assessed work by introducing you to a number of tried and tested revision methods and tips that will help you on the road to success.
REVISION NOTE
Use this book alongside your recommended textbook and the applicable primary sources (international instruments and cases).
International law topics are closely related and so it is important that you revise the whole syllabus of your international law module in order to give yourself the best opportunity of answering assessed questions well.
International law is quite different from any of the legal subjects that you have studied before. You should be sensitive to the unique challenges that it poses for
international law as a form of ‘law’ and the implications that its unusual legal character has for assessed questions in this subject.
Before you begin, you can use the study plan available on the companion website to assess how well you know the material in this book and identify the areas where you may want to focus your revision.
Guided tour
Guided tour of the companion website
Table of cases and instruments
Cases
Av SecretaryofStatefortheHomeDepartment(No.2)[2006] AC 221 1st
AalandIslandsCase(1920) LNOJ Special Sup. No.3, 3 1st , 2nd
AdmissionsCase. See CompetenceoftheGeneralAssemblyforthe AdmissionofaStatetotheUnitedNations(AdvisoryOpinion)
Al-Skeiniv UK(2011) 53 EurHR Rep 589, App. No. 55721/07 1st , 2nd
AlabamaArbitration(1872) (1872) Moore 1 IntArb 495 1st , 2nd , 3rd
Aminoilv Kuwait(1982) 21 ILM 976 1st , 2nd
Anglo-FrenchContinentalShelfCase(UKv France) (1977) 54 ILR 6
1st , 2nd
Anglo-NorwegianFisheriesCase(UKv Norway) (1951) ICJ Rep 116
1st , 2nd , 3rd , 4th
ArrestWarrantCase(DemocraticRepublicoftheCongov Belgium) (2002) ICJ Rep 3 1st , 2nd , 3rd , 4th , 5th , 6th , 7th , 8th , 9th , 10th
ArmedActivitiesCase(Congov Uganda) (2005) ICJ Rep 168 1st
Assange(JulianPaul)v SwedishProsecutionAuthority[2012] UKSC 22 1st , 2nd , 3rd
AsylumCase(1950) ICJ Rep 266 1st
AttorneyGeneralofIsraelv Eichmann(1961) 36 ILR 5 1st , 2nd , 3rd , 4th , 5th , 6th
Austro-GermanCustomsUnionCase(1931) PCIJ, Series A/B, No. 41 1st , 2nd , 3rd
AvenaCase(Mexicov US) ICJ Rep 2004 12 1st
BarcelonaTractionCase(Spainv Belgium) (1970) ICJ Rep 3 1st , 2nd , 3rd , 4th
Belilosv Switzerland(1988) 10 EHRR 466 1st
BPv LibyaArbitration(1974) 53 ILR 297 1st , 2nd , 3rd
BrazilianLoansCase(Francev Brazil) (1929) PCIJ, Series A, No. 21 1st
CaireClaim(Francev Mexico)(1929) 5 RIAA 516 1st , 2nd , 3rd
Cameroonv Nigeria(2002) ICJ Rep 303 1st , 2nd , 3rd , 4th , 5th
CarolineIncident(USv UK)(1837) 29 BFSP 1137 1st , 2nd , 3rd , 4th , 5th
Case22/70Commissionv Council[1971] ECR 263 1st
CaseConcerningtheLegalityoftheUseofForce(Yugoslaviav UK) (ProvisionalMeasures)(1999) ICJ Rep 916 1st
CertainGermanInterestsinPolishUpperSilesia(Merits)(1926)
PCIJ, Series A, No. 7 1st , 2nd
CertainQuestionsofMutualAssistance(Djiboutiv France)(2008)
ICJ Rep 177 1st , 2nd
ChamizalArbitration(Mexicov US)(1911) 5 AJIL 782 1st
ChorzowFactoryCase(Germanyv Poland)(1928) PCIJ Series A No. 17 1st , 2nd
ClippertonIslandArbitration(Mexicov France)(1932) 26 AJIL 390 1st , 2nd
Commissionv Council[1971] ECR 263 1st
CompetenceoftheGeneralAssemblyfortheAdmissionofaStateto theUN(AdvisoryOpinion)(1950) ICJ Rep 4 1st
CorfuChannelCase(Albaniav UK)(1949) ICJ Rep 4 1st , 2nd , 3rd , 4th
Cutting’sCase(USv Mexico)(1886) Moore, Digest of International Law, Vol. ii, 228 1st , 2nd
Diallo(Guineav DRC)ICJ (30/11/2010 General List No. 103) 1st , 2nd
DissolutionofYugoslavia(Badinter Committee Opinion No. 2 (1992)
31 ILM 1498) 1st , 2nd
DPPv Joyce[1946] AC 347 1st , 2nd , 3rd
EastTimorCase(Portugalv Australia)(1995) ICJ Rep 90 1st , 2nd
EasternGreenlandCase(Denmarkv Norway) (1933) PCIJ Rep
Series A/B No. 53, 46, 1st , 2nd , 3rd
ELSICase(USv Italy) (1989) ICJ Rep 15 1st , 2nd
ExchangeofGreekandTurkishPopulationsCase(1925) PCIJ Ser. B
No. 10 1st
FisheriesJurisdictionCase(Jurisdiction)(UKv Iceland)(1973) ICJ
Rep 3 1st , 2nd , 3rd
Francev Brazil. See BrazilianLoansCase
Francev Serbia. See SerbianLoansCase
Francev Turkey. See LotusCase
FrontierDispute(BurkinaFasov Mali) (1986) ICJ Rep 554 1st , 2nd , 3rd
FurundzijaCase(1998) 121 ILR 213 1st , 2nd
Gabcikovo–NgymarosProjectCase(Hungaryv Slovakia)(1997) ICJ
Rep 7 1st , 2nd , 3rd , 4th , 5th , 6th
GenocideCase(Bosnia-Herzegovinav Serbia)(2007) 46 ILM 188 1st
Germanyv Italy(JurisdictionalImmunitiesofState)(2012) ICJ, 3
February 1st , 2nd
Ghaidanv Godin-Mendoza[2004] UKHL 30 1st
IslandofPalmasCase(Netherlandsv US)(1928) 22 AJIL 867 1st , 2nd , 3rd , 4th , 5th , 6th
‘I’mAloneCase’(Canadav US)(1933–35) 3 RIAA 1609 1st , 2nd
Kasikili/SeduduIsland(Botswanav Namibia)(1999) ICJ Rep 1045 1st , 2nd
KosovoAdvisoryOpinion(2010) 22/07/2010 General List No. 141 1st , 2nd , 3rd
KuwaitAirwaysv IraqiAirways(Nos. 4 and 5) [2002] 2 AC 883 1st
LaGrand(Germanyv USA)(2001) ICJ Rep 466 1st , 2nd
LaGrand(ProvisionalMeasures)(Germanyv USA)(1999) ICJ Rep 9 1st , 2nd
Leichtensteinv Guatemala. See NottehbohmCase
LockerbieProsecutions(2001) 40 ILM 581 1st , 2nd , 3rd
LockerbieCase(Libyav US/UK)(ProvisionalMeasures)(1992) ICJ
Rep 114 1st , 2nd , 3rd , 4th
LotusCase(Francev Turkey)(1927) PCIJ Ser. A. No. 10 1st , 2nd , 3rd , 4th , 5th , 6th , 7th , 8th , 9th
Mabov Queensland(No.2)(1992) 175 CLR 1 1st
MaclaineWatsonv DTI[1990] 2 AC 418 1st , 2nd , 3rd
MaritimeDelimitationandTerritorialQuestionsCase(Qatarv Bahrain)(Jurisdiction)(1994) ICJ Rep 112 1st , 2nd , 3rd , 4th , 5th
MavrommatisPalestineConcessionCase(Greecev UK)1924 PCIJ (Ser. B) No. 3 (Aug 30) 1st , 2nd
MergeClaim(USv Italy)(1955) 22 ILR 443 1st
Mortensenv Peters(1906) 14 SLT 227 1st , 2nd , 3rd
NamibiaAdvisoryOpinion(1971) ICJ Rep 16 1st , 2nd , 3rd , 4th , 5th , 6th
NaulilaaCase(Portugalv Germany)(1928) 2 RIAA 1011 1st
NicaraguaCase(Nicaraguav US)(Jurisdiction)(1984) ICJ Rep 169 1st , 2nd , 3rd
NicaraguaCase(Nicaraguav US)(Merits)(1986) ICJ Rep 14 1st , 2nd , 3rd , 4th , 5th , 6th , 7th , 8th , 9th , 10th , 11th , 12th , 13th , 14th ,
15th
NorthSeaContinentalShelfCases(FederalRepublicofGermanyv DenmarkandTheNetherlands)(1969) ICJ Rep 3 1st , 2nd , 3rd , 4th , 5th , 6th , 7th
NorwegianLoansCase(Francev Norway)(1957) ICJ Rep 9 1st , 2nd , 3rd
NottebohmCase(Liechtensteinv Guatemala)(1955) ICJ Rep 4 1st , 2nd , 3rd , 4th
NuclearWeaponsCase(AdvisoryOpinion)(1996) ICJ Rep 226 1st , 2nd , 3rd
OilPlatformsCase(Iranv USA)(2003) ICJ Rep 161 1st , 2nd , 3rd
ParlementBelge(1879–80) LR 5 PD 197 1st , 2nd , 3rd , 4th
PinochetCase. See Rv BowStreetMetropolitanStipendiary Magistrates,expartePinochetUgarte(No.3)
PolishNationalsinDanzigCase1932 PCIJ (ser. A/B) No. 44 (Feb 4) 1st
Prosecutorv Tadic(1999) 38 ILM 1518 1st
QuebecSecessionCase[1998] 2 SCR 217 1st , 2nd , 3rd , 4th
R(ontheapplicationofAbassi)v SecretaryofStateforForeign Affairs[2002] EWCACiv 1598 1st
R(ontheapplicationofAl-Jedda)v SecretaryofStateforDefence [2008] 1 AC 332 1st
Rv BowStreetMetropolitanStipendiaryMagistrates,exparte PinochetUgarte(No.3)[2000] 1 AC 147 1st , 2nd , 3rd , 4th , 5th , 6th
Rv EarlRussell[1901] AC 446 1st , 2nd
Rv Keyn(1876–7) LR 2 Ex D 63 1st , 2nd , 3rd
Rv MargaretJonesandOthers[2007] 1 AC 136 1st , 2nd
Rv SecretaryofStatefortheHomeDepartment,exparteBrind [1991] 1 AC 696 1st , 2nd , 3rd
RainbowWarriorCase(NewZealandv France)(1987) 26 ILM 1346 1st , 2nd , 3rd , 4th , 5th , 6th , 7th , 8th
Rawle-Kennedyv TrinidadandTobago,UNHRC,CommunicationNo. 845/1998,UNDoc.CCPR/C/74/D/845/1998(2000) 1st
ReparationsforInjuriesSufferedintheServiceoftheUnited Nations(AdvisoryOpinion)(1949) ICJ Rep 174 1st , 2nd , 3rd , 4th , 5th
ReservationsCase(AdvisoryOpinion)(1951) ICJ Rep 15 1st , 2nd
RightsofPassageCase(Portugalv India) (PreliminaryObjections) (1957) ICJ Rep 125 1st , 2nd , 3rd
RobertEBrownCase(USv UK)(1923) 6 RIAA 120 1st , 2nd , 3rd
Rustomjeev TheQueen(1876) 1 QBD 487 1st
SecessionofQuebec,Re.See QuebecSecessionCase
SerbianLoansCase(Francev Serbia)(1929) PCIJ Series A (No. 20) 1st
SovereigntyoverPulauLigitanandPulauSipadan(Indonesiav Malaysia)(2002) ICJ Rep 625 1st , 2nd
SpanishZonesofMoroccoClaims(1925) 2 RIAA 615 1st
TempleofPreahVihearCase(Cambodiav Thailand)(1962) ICJ Rep 6 1st
TerritorialDispute(Libyav Chad)(1994) ICJ Rep 6 1st , 2nd , 3rd , 4th , 5th
Texacov Libya(1978) 17 ILM 1 1st , 2nd
TrendtexTradingv CentralBankofNigeria[1977] QB 529 1st , 2nd , 3rd , 4th
USDiplomaticandConsularStaffinTehran(1980) ICJ Rep 3 1st , 2nd , 3rd , 4th
USv Yunis (No.2)(1991) 30 ILM 463 1st , 2nd , 3rd
WallAdvisoryOpinion(LegalConsequencesoftheConstructionofa
WallintheOccupiedPalestinianTerritory)(2004) ICJ Rep 136 1st , 2nd , 3rd , 4th , 5th , 6th , 7th , 8th , 9th
WesternSaharaAdvisoryOpinion(1975) ICJ Rep 12 1st , 2nd , 3rd , 4th , 5th
WimbledonCase(1923) PCIJ Series A No. 1 1st
Instruments
African Charter on Human and Peoples’ Rights (1986)
Art. 7 1st
American Convention on Human Rights (1969)
Art. 8 1st
Antarctica Treaty (1959) 1st
Aviation Security Act (1982)
s. 2 1st
Constitutional Reform and Governance Act 2010 1st , 2nd
Continental Shelf Convention (1958)
Art. 6 1st , 2nd
Convention on Biological Diversity (1992) 1st
Convention on Prohibition of Torture (1984) 1st , 2nd , 3rd , 4th , 5th
Art. 4(1) 1st
Convention on the Law of the Sea (1982) 1st
Art. 87 1st
Convention Relating to the Status of Refugees (1951) 1st
Art. 1 1st
Dayton Peace Agreement (1995) 1st
EC Guidelines on the Recognition of New States in Eastern Europe and USSR (1991) (32 ILM 1499–1500) 1st , 2nd , 3rd
EC Treaty (1957)
Art. 281 1st
European Convention on Human Rights (1950) 1st , 2nd , 3rd , 4th
Art. 1 1st
Art. 6 1st
Art. 10 1st
Art. 34 1st
Framework Convention on Climate Change (1992) 1st
Human Rights Act (HRA) (1998) 1st , 2nd
s. 3(1) 1st
s. 6 1st
ICJ Statute (1945) 1st , 2nd
Art. 35 1st
Art. 36(1) 1st , 2nd , 3rd
Art. 36(2) 1st , 2nd , 3rd , 4th
Art. 36(2)(a)–(d) 1st
Art. 36(3) 1st , 2nd
Art. 38(1) 1st , 2nd , 3rd , 4th , 5th , 6th , 7th , 8th , 9th , 10th , 11th
Art. 38(1)(a) 1st
Art. 38(1)(b) 1st , 2nd
Art. 38(1)(c) 1st , 2nd , 3rd , 4th
Art. 38(1)(d) 1st , 2nd , 3rd , 4th , 5th
Art. 41 1st
Art. 41(1), (2) 1st
Art. 59 1st , 2nd , 3rd
Arts. 65–68 1st
ILC Articles on State Responsibility (ASR) (2001) 1st , 2nd , 3rd
Art. 1 1st , 2nd , 3rd
Art. 2 1st , 2nd , 3rd
Art. 2(a) 1st
Art. 2(b) 1st , 2nd
Art. 3 1st
Art. 4 1st , 2nd
Art. 5 1st , 2nd
Art. 7 1st , 2nd
Art. 8 1st , 2nd , 3rd
Art. 9 1st , 2nd
Art. 10 1st , 2nd
Art. 10(1) 1st
Art. 11 1st , 2nd
Art. 21 1st
Art. 23 1st
Art. 25 1st
Art. 26 1st
Art. 31 1st
Art. 34 1st
ILC Draft Articles on Diplomatic Protection (2006) (DADP) 1st
Art. 1 1st
Art. 3 1st , 2nd
Art. 4 1st , 2nd
Art. 7 1st , 2nd
Art. 9 1st , 2nd
Art. 15 1st
Art. 19(c) 1st
Inter-American Convention on Human Rights (1969) 1st
International Convention on the Elimination of All Forms of Racial Discrimination (ICERD) (1965) 1st , 2nd
International Covenant on Civil and Political Rights (ICCPR) (1966) 1st
Art. 1(1) 1st
Art. 9 1st
Art. 13 1st
Art. 14 1st , 2nd , 3rd
Kellogg-Briand Pact (1928) 1st , 2nd , 3rd
Kyoto Protocol (1997) 1st
Marrakesh Agreement (1994) 1st
Montevideo Convention on the Rights and Duties of States (1933)
1st , 2nd , 3rd , 4th , 5th , 6th , 7th
Art. 1 1st , 2nd
Art. 1(a)–(d) 1st
Art. 3 1st
Art. 6 1st
Montréal Convention for the Suppression of Unlawful Acts against the Safety of Civil Aircraft (1971) 1st , 2nd , 3rd , 4th , 5th
NATO Treaty (1949) 1st
Art. 5 1st
Rome Statute on the International Criminal Court (1998)
Art. 5 1st
Art. 25 1st
Art. 126 1st
Space Treaty (1967)
Art. 2 1st
Treaty of Paris (1898) 1st
Treaty of Saint-Germain (1919)
Art. 88 1st
Protocol 1st
Treaty of the European Union (as amended by the Treaty of Lisbon 2007) 1st
Art. 47 1st
Treaty of Utrecht (1713) 1st
UN Charter (1945) 1st , 2nd
Chapter VII 1st , 2nd , 3rd , 4th , 5th , 6th , 7th , 8th
Art. 1 1st
Art. 1(2) 1st
Art. 2 1st
Art. 2(1) 1st , 2nd
Art. 2(3) 1st
Art. 2(4) 1st , 2nd , 3rd , 4th , 5th , 6th , 7th , 8th , 9th , 10th , 11th , 12th , 13th
Art. 2(7) 1st , 2nd , 3rd , 4th , 5th , 6th , 7th
Art. 4 1st , 2nd
Art. 4(1) 1st , 2nd
Art. 4(2) 1st
Art. 12 1st
Art. 24 1st , 2nd
Art. 25 1st
Art. 27 1st
Art. 27(3) 1st
Art. 33 1st
Art. 39 1st
Art. 41 1st
Art. 42 1st
Art. 51 1st , 2nd , 3rd , 4th , 5th , 6th
Art. 92 1st
Art. 93(1) 1st
Art. 94(1) 1st
Art. 94(2) 1st , 2nd
Art. 96 1st
UN Charter of Economic Rights and Duties of States (GA Res 3281, 1974) 1st
UN Colonial Declaration (GA Res 1514, 1960) 1st , 2nd , 3rd , 4th
UN Declaration on Legal Principles Governing the Activities of States in the Exploration and Use of Outer Space (GA Res 1962, 1963) 1st
UN General Assembly Resolution 174(II), 1947 1st
UN General Assembly Resolution 2145, 1966 1st
UN General Assembly Resolution 49/75K, 1994 1st
UN General Assembly Resolution 56/83, 2001 1st
UN General Assembly Resolution 60(1), 2005 1st
UN General Assembly Resolution 67/19, 2012 1st , 2nd
UN Declaration on the Principles of International Law concerning Friendly Relations (GA Res 2625, 1970) 1st , 2nd , 3rd , 4th , 5th , 6th , 7th
Principle 1 1st , 2nd
UN Declaration on the Prohibition of Military, Political or Economic Coercion in the Conclusion of Treaties (1969) 1st
UN Security Council Resolution (SC Res 276, 1970) 1st
UN Security Council Resolution (SC Res 216, 1965) 1st
UN Security Council Resolution (SC Res 660, 1990) 1st
UN Security Council Resolution (SC Res 678, 1990) 1st , 2nd
UN Security Council Resolution (SC Res 687, 1990) 1st
UN Security Council Resolution (SC Res 748, 1992) 1st
UN Security Council Resolution (SC Res 1031, 1995) 1st
UN Security Council Resolution (SC Res 1199, 1998) 1st
UN Security Council Resolution (SC Res 1244, 1999) 1st
UN Security Council Resolution (SC Res 1368, 2001) 1st
UN Security Council Resolution (SC Res 1441, 2002) 1st
UN Security Council Resolution (SC Res 1973, 2011) 1st
UN Resolution on the Definition of Aggression (GA Res 29/3314, 1974) 1st , 2nd , 3rd , 4th , 5th
Art. 1 1st
Art. 2 1st
Art. 3 1st
UN Resolution on Permanent Sovereignty over Natural Resources
(GA Res 1803, 1962) 1st
Art. 4 1st , 2nd , 3rd
Universal Declaration of Human Rights (1948) 1st
US Constitution
Art. 2 1st , 2nd
Vienna Convention on Consular Relations (1963) 1st
Art. 36(1) 1st
Art. 36(1)(b) 1st
Vienna Convention on Diplomatic Relations (1961) 1st
Art. 9 1st
Art. 21 1st
Art. 22 1st , 2nd
Art. 24 1st
Art. 27 1st
Vienna Convention on the Law of Treaties (1969) 1st
Art. 2(2) 1st
Art. 7(1) 1st
Art. 7(2) 1st , 2nd , 3rd
Art. 11 1st
Art. 24(1) 1st
Art. 19 1st , 2nd
Art. 19(a)–(c) 1st
Art. 20 1st , 2nd , 3rd
Art. 20(4)(a) 1st , 2nd
Art. 20(5) 1st
Art. 21 1st , 2nd
Art. 21(1)(a), (b) 1st , 2nd
Art. 21(2) 1st , 2nd
Art. 21(3) 1st , 2nd
Art. 24(1) 1st
Art. 26 1st
Art. 27 1st , 2nd
Art. 31 1st , 2nd
Art. 31(3) 1st
Art. 31(3)(a) 1st
Art. 31(3)(b) 1st , 2nd
Art. 31(3)(c) 1st
Art. 32 1st
Art. 32(a), (b) 1st
Art. 46 1st , 2nd
Art. 46(1) 1st , 2nd
Art. 47–51 1st
Art. 52 1st , 2nd
Art. 53 1st , 2nd , 3rd , 4th , 5th
Art. 54 1st
Art. 60 1st
Art. 60(1) 1st , 2nd , 3rd
Art. 60(2) 1st
Art. 60(2)(a) 1st
Art. 60(3) 1st , 2nd
Art. 60(3)(a), (b) 1st
Art. 61 1st , 2nd
Art. 61(1) 1st
Art 62 1st , 2nd , 3rd
Art. 62(1) 1st
Art. 62(1)(a), (b) 1st
