The public international law study guide for students : exercises and answers
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書誌事項
The public international law study guide for students : exercises and answers
[Produced by Amazon], c2013
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注記
Reprint. Originally published: Oxford : Hart, 2013
Includes bibliographical references
Printed in Japan
内容説明・目次
内容説明
A sound understanding of public international law is indispensable for any lawyer, whether working in an international or domestic context. It is therefore important that students have a thorough theoretical understanding of international law issues, and are able to apply the relevant international legal rules to a given set of facts, so as to arrive at a legally coherent conclusion. This practical aspect of learning international law is often neglected in favour of more theoretical aspects - which is where this book comes in. The book offers a series of hypothetical practical cases in public international law, including some of its specialised branches, such as international human rights law and international criminal law. It challenges students to practise and familiarise themselves with the methodology and to write solutions to practical international legal questions. The book is in two parts: part one contains practical (exam-like) questions, while part two contains the solutions. The practical questions in part one are organised by subject, such as treaty law or state responsibility. One chapter is dedicated to more complex 'interconnected' cases, where students are asked to tackle problems which span multiple potential cases and topics.
ENDORSEMENT
'An extremely interesting and innovative text that students studying Public International Law should find invaluable.'
Associate Professor Joanne Sellick
Associate Dean for Teaching and Learning, University of Plymouth
目次
Introduction and General Presentation
1. Objectives
2. User's guide
3. Methodology
4. Some advice on how to deal with practical cases
5. Acknowledgments
6. Feedback
General recommended reading
Part I: CASES
Chapter 1
Subjects of Public International Law: States and International Organisations
General plan: how to solve cases relating to subjects of international law
The State and its constitutive elements
Case 1.1
International organisations
Case 1.2
Case 1.3
Recommended reading on subjects of public international law
Chapter 2
Diplomatic Protection
General plan to solve diplomatic protection cases, based on the ILC's Draft Articles on Diplomatic Protection from 2006
Case 2.1
Case 2.2
Case 2.3
Case 2.4
Case 2.5
Recommended reading on diplomatic protection
Chapter 3
Treaty Law
General plan to solve treaty law cases based on the Vienna Convention on the Law of Treaties 1969
Applicability of the Vienna Convention on the Law of Treaties (VCLT)
Case 3.1
Reservations
Case 3.2
Case 3.3
Competence to conclude treaties
Case 3.4
'Pathologies' of treaties: invalidity, termination and suspension
Case 3.5
Case 3.6
Case 3.7
Case 3.8
Case 3.9
Case 3.10
Recommended reading on treaty law
Chapter 4
Responsibility of States for Internationally Wrongful Acts
General plan to solve State responsibility cases based on the ILC Articles on Responsibility of States for Internationally Wrongful Acts (2001) (SRA)
Attribution and violation of an international obligation
Case 4.1
Case 4.2
Case 4.3
Case 4.4
Case 4.5
Case 4.6
Circumstances precluding wrongfulness
Case 4.7
Case 4.8
Case 4.9
Case 4.10
Recommended reading on State responsibility
Chapter 5
International Dispute Settlement: The International Court of Justice
General plan to solve questions related to the competence of the International Court of Justice to judge contentious cases
General plan to solve questions related to the competence of the International Court of Justice to pronounce upon advisory opinions
Issues of personal jurisdiction
Case 5.1
Case 5.2
Forms of consent: reservations to optional clause declarations
Case 5.3
Case 5.4
Case 5.5
Other forms of consent
Case 5.6
Case 5.7
Case 5.8
Issues of admissibility
Case 5.9
Advisory opinions
Case 5.10
Recommended reading on the International Court of Justice
Chapter 6
Use of Force
General plan to solve cases on the use or threat of use of force
Article 2 paragraph 4 of the UN Charter
Case 6.1
Case 6.2
Article 51 of the UN Charter
Case 6.3
Case 6.4
Case 6.5
Chapter VII of the UN Charter
Case 6.6
Case 6.7
Recommended reading on the use of force
Chapter 7
Interconnected Cases
Case 7.1
Case 7.2
Case 7.3
Case 7.4
Case 7.5
Case 7.6
Case 7.7
Case 7.8
Case 7.9
Case 7.10
Case 7.11
Chapter 8
Specialised Branches of International Law
International human rights law
Case 8.1
Case 8.2
Case 8.3
Recommended reading on international human rights law
International refugee law
Case 8.4
Case 8.5
Case 8.6
Recommended reading on international refugee law
International humanitarian law
Case 8.7
Case 8.8
Case 8.9
Recommended reading on international humanitarian law
International criminal law
Case 8.10
Case 8.11
Case 8.12
Recommended reading on international criminal law
International environmental law
Case 8.13
Case 8.14
Recommended reading on international environmental law
Part II: SUGGESTED SOLUTIONS
Chapter 1
SUGGESTED SOLUTIONS
Subjects of Public International Law: States and International Organisations
SUGGESTED SOLUTIONS
The State and its constitutive elements
Case 1.1
SUGGESTED SOLUTIONS
International Organisations
Case 1.2
Case 1.3
Chapter 2
SUGGESTED SOLUTIONS
Diplomatic Protection
Case 2.1
Case 2.2
Case 2.3
Case 2.4
Case 2.5
Chapter 3
SUGGESTED SOLUTIONS
Treaty Law
SUGGESTED SOLUTIONS
Applicability of the Vienna Convention on the Law of Treaties (VCLT)
Case 3.1
SUGGESTED SOLUTION
Reservations
Case 3.2
Case 3.3
SUGGESTED SOLUTIONS
Competence to conclude treaties
Case 3.4
Situation (a)
Situation (b)
SUGGESTED SOLUTIONS
'Pathologies' of treaties: invalidity, termination and suspension
Case 3.5 169
Case 3.6 172
Case 3.7 177
Case 3.8 179
Case 3.9 182
Case 3.10 185
Chapter 4
SUGGESTED SOLUTIONS
Responsibility of States for Internationally Wrongful Acts
SUGGESTED SOLUTIONS
Attribution and violation of an international obligation
Case 4.1
Case 4.2
Case 4.3
Case 4.4
Case 4.5
Case 4.6
SUGGESTED SOLUTIONS
Circumstances precluding wrongfulness
Case 4.7
Case 4.8
Case 4.9
Case 4.10
Chapter 5
SUGGESTED SOLUTIONS
International Dispute Settlement: The International Court of Justice
SUGGESTED SOLUTIONS
Issues of personal jurisdiction
Case 5.1
Case 5.2
SUGGESTED SOLUTIONS
Forms of consent - reservations to optional clause declarations
Case 5.3
Case 5.4
Case 5.5
SUGGESTED SOLUTIONS
Other forms of consent
Case 5.6
Case 5.7
Case 5.8
SUGGESTED SOLUTIONS
Issues of admissibility
Case 5.9
SUGGESTED SOLUTIONS
Advisory opinions
Case 5.10
Chapter 6
SUGGESTED SOLUTIONS
Use of Force
SUGGESTED SOLUTIONS
Article 2 paragraph 4 of the UN Charter
Case 6.1
Case 6.2
SUGGESTED SOLUTIONS
Article 51 of the United Nations Charter
Case 6.3
Case 6.4
Case 6.5
SUGGESTED SOLUTIONS
Chapter VII of the United Nations Charter
Case 6.6
Case 6.7
Chapter 7
SUGGESTED SOLUTIONS
Interconnected Cases
Case 7.1
Case 7.2
Case 7.3
Case 7.4
Case 7.5
Case 7.6
Case 7.7
Case 7.8
Case 7.9
Case 7.10
Case 7.11
Chapter 8
SUGGESTED SOLUTIONS
Specialised Branches of International Law
SUGGESTED SOLUTIONS
International Human Rights Law
Case 8.1
Case 8.2
Case 8.3
SUGGESTED SOLUTIONS
International Refugee Law
Case 8.4
Case 8.5
Case 8.6
SUGGESTED SOLUTIONS
International Humanitarian Law
Case 8.7
Case 8.8
Case 8.9
SUGGESTED SOLUTIONS
International Criminal Law
Case 8.10
Case 8.11
Case 8.12
SUGGESTED SOLUTIONS
International Environmental Law
Case 8.13
Case 8.14
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