Theory of international law
著者
書誌事項
Theory of international law
Wildy, Simmonds and Hill Pub., 2003
2nd ed
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注記
At head of title: Vinogradoff Institute, University College London
Includes bibliographical references (p. [477]-519) and index
内容説明・目次
内容説明
When this book first appeared in English, it was commonplace to speak of 'international law in a divided world' or of an 'international law of peaceful coexistence and cooperation'. Those times are past, at least in the sense that those expressions are used. Although the law of peaceful coexistence remains embedded in international legal documentation of the era, it has passed beyond the horizons of the rising generation, which in both East and West has no memory of what the discussion was all about. As for 'divided world', the division along these lines is confined principally to China, North Korea, and Cuba. Even in these countries the subject matter of this book, while pertinent, has receded into the background. For all of that, however, the foundations of the theory of international law set out in this volume, stripped of their ideological dress, continue to inform Russian approaches to the theory of international law.
This book survives as the most influential Soviet contribution to international legal theory for the second half of the twentieth century and now appears as the author wished it to be in a country unconstrained by censorship and Party policies of the day. His theory of bringing the wills of States into concordance as the foundation for creating rules of international law is unchallenged in modern Russian international legal doctrine.
目次
- Introduction.
- Translation Note.
- Foreword to the Russian Edition.
- Part I: The Development of International Law After the Great October Revolution
- Chapter I. The International Legal Ideas of the October Revolution and the Making of Contemporary International Law
- 1. The Principles of Socialist Internationalism
- 2. The Principles of Equality and of Self-Determination of Nations
- 3. The Principles of Peaceful Coexistence
- Chapter 11. Peaceful Coexistence and General international Law. The Influence of the Breakup of the Colonial System
- 1. The Unfoundedness of the Theory that the Developmental Base of International Law is Contracting
- 2. Peaceful Coexistence of States with Different Social Systems and General International Law
- Chapter 111 Modification of the Fundamental Principles of International Law During the Period of Coexistence of the Two Systems
- 1. The Emergence of New Principles of International Law
- (a) The principle of nonaggression
- (b) The principle of peaceful settlement of disputes
- (c) The principle of self-determination of peoples
- (d) The principle of peaceful coexistence
- (e) The principle of disarmament
- (f) The principle of respect for human rights
- (g) The prohibition of war propaganda
- 2. The Development and Strengthening of the Old Democratic Principles of International Law
- Part II The Process of Forming Norms of Contemporary General International Law
- Chapter IV The Basic Processes of Forming Norms of International Law
- 1. International Treaties
- (a) Treaties between States
- (b) Treaties between States concluded within the framework of international organizations
- (c) Regulations adopted by specialized international organizations
- (d) Treaties of international organizations
- 2. International Custom
- 3. Treaty and Custom in Contemporary International Law
- (a) The predominant role of the treaty in the development of international law
- (b) The international treaty and general international law
- (c) The interaction of treaty and custom
- 4. The Principles of Jus Cogens
- Chapter V. Subsidiary Processes of Forming Norms
- 1. Resolutions of the United Nations General Assembly
- 2. Recommendations of Specialized International Organizations
- 3. Decisions of the International Court and of International Arbitration Tribunals
- 4.National Legislation and Decisions of National Judicial Instances
- Chapter VI Doctrine and the Opinions of Social Organizations
- 1. International Legal Doctrine
- 2. Opinions and Resolutions of Social and Scientific Organizations
- Chapter VII. The Problem of General Principles of Law
- Part III: The Legal Nature and Essence of Contemporary International Law
- Chapter VIII. The Legal Nature of Agreement as the Mode of Creating Norms of International Law
- 1. The Bourgeois Doctrine of Agreement
- 2. Agreement as the Result and the Embodiment of the Concordance of the Wills of States
- 3. The International Legal Positions of States and Concordant Wills Reflected in Norms of Inter national Law
- 4. The Unfoundedness of the Concept of the Fundamental Norm
- Chapter IX. The Character and Essence of Contemporary General International Law
- 1. Bourgeois Science on the Social Nature of Inter national Law
- 2. The Societal Laws of the Development of International Law
- (a) The laws of the development of society and international law
- (b) The unfoundedness of the bourgeois concept of ubi .societas ibijus
- (c) International law and international organization
- 3. Modification of the Character and Essence of General International Law During the Past Half Century
- (a) Fundamental changes in general international law after the Great October Socialist Revolution
- (b) The position of bourgeois practice and doctrine on the question of changes in international law
- The Question of an Intermediate Status Between War and Peace
- Part IV: International Law, Foreign Policy, and Diplomacy
- Chapter X. The Influence of Foreign Policy and Diplomacy Upon the Development of lntemational Law
- Chapter XL The Influence of International Law on Foreign Policy and Diplomacy
- Chapter XII. International Law as a Support for Foreign Policy
- Part V: The Legal Nature of Contemporary General International Organizations
- Chapter XIIL The Laws of Societal Development and International Organizations
- 1. The Internationalization of Economic Life and International Organizations
- 2. Coexistence of the Two Opposed Social Systems and International Organizations 3. The Breakup of the Colonial System and International Organization
- 4. The Existence of Sovereign States and International Organizations
- Chapter XIV. The Basic Features of the Legal Nature of General International Organizations. The Charteras the Basis of an Organizations Activity
- 1. Charters of International Organizations:Treaties or Constitutions?
- 2. The Jurisdiction of International Organizations
- (a) The concept of inherent jurisdiction
- (b) The concept of implied powers
- 3. Change of the Charters of International Organizations Chapter XV. The Basic Features of the Legal Nature of Contemporary General International Organizations
- 1. The Interstate Character of General International Organizations
- (a) The principle of equality of States in international organizations
- (b) The right to withdraw from an international organization
- 2. International Organizations as Organs of Peaceful Coexistence
- (a) The legal basis and extent of the legal personality of international organizations
- Chapter XVI The Problem of a World State and Prospects for the Developnient of International Organizations
- I. Bourgeois Concepts of a World State
- 2. Marxism and the Problem of a World State
- 3. Ways of Strengthening the United Nations
- Part VI: The General Character and Forms of State Responsibility Under International Law Chapter XVII. The Character of State Responsibility Under International Law Before the Great October Socialist Revolution
- Chapter XVIII. State Responsibility Under Contemporary international Law
- 1. The Concept of the International Legal Criminal Responsibility of a State
- 2. Some New Aspects of State Responsibility
- (a) Prohibition of the use of force and State Responsibility
- (b)Subjects of legal relations in instances of international legal State responsibility
- (c) Types and forms of State responsibility in contemporary international law
- Annex:Several Reflections in Connection with the Draft Charter of an International Tribunal for the Consideration of Cases Concerning Crimes Committed on the Territory of Fonner Yugoslavia - G.I.Tunkin
- Bibliography of Works by G. I. Tunkin
- Glossary of International Legal Terms
- Table of Treaties and of United Nations General Assembly Resolutions
- Index
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