The basics of international law: The UK context

By Math Noortmann and Luke D Graham

From the UK government’s Brexit Bill, to China’s territorial claims in the South China Sea, to the Russian invasion of Ukraine, violations of international law have made headlines across the world in recent years. This book offers a comprehensive and accessible guide to the essential rules and facts of international law, explaining what international law is and how it shapes the world around us.

Graham and Noortmann provide specific examples to contextualise key concepts in international law, directing readers to a range of further sources to supplement their reading. Topics range from the place of international law in the national legal order, the United Nations and other global international organisations, international human rights, and international environmental law.

An essential quick reference text for students and practitioners of international law.

• Language: English
• Publisher: Manchester University Press
• Release date: Dec 20, 2022
• ISBN: 9781526168900

Book preview

The basics of international law

The basics of international law

The UK context

Math Noortmann and Luke D. Graham

Manchester University Press

Copyright © Math Noortmann and Luke D. Graham 2022

The right of Math Noortmann and Luke D. Graham to be identified as the authors of this work has been asserted in accordance with the Copyright, Designs and Patents Act 1988.

Published by Manchester University Press

Oxford Road, Manchester M13 9PL

www.manchesteruniversitypress.co.uk

British Library Cataloguing-in-Publication Data

A catalogue record for this book is available from the British Library

ISBN 978 1 5261 6891 7 paperback

First published 2022

The publisher has no responsibility for the persistence or accuracy of URLs for any external or third-party internet websites referred to in this book, and does not guarantee that any content on such websites is, or will remain, accurate or appropriate.

Cover image: Blue and White water waves / pexels.com

Cover design: Abbey Akanbi, Manchester University Press

Typeset by Newgen Publishing UK

Contents

List of figures

List of tables

List of abbreviations

I Introduction

1Definition of public international law

2The legal nature of public international law

3Historical developments

4Natural law and positivism

5Alternative approaches

6Sub-areas of international law

7Adjacent legal fields

8The nation state and international law

II The place of international law in the national legal order

9Direct effect

10Monism and dualism

11Monism and dualism in practice

12Rules of international law having direct or indirect effect

13National government bodies and international law

III Subjects of international law

14International legal personality

15Forms of international legal personality

16States

17Recognition

18Intergovernmental organisations

19Liberation movements

20New forms of international legal personality

IV Sources of public international law

21The sources of international law

22Treaties

23Customary international law

24Decisions of international organisations

25Other sources of law

26The relationship between international sources of law and legal rules

V Treaty law

27Sources of treaty law

28The entry into force of treaties

29Reservations

30Interpretation of treaties

31The validity and effect of treaties

32State succession

33National law and the entry into force of treaties

VI Jurisdiction

34Definition of jurisdiction

35Territorial jurisdiction

36Functional jurisdiction

37Areas outside national jurisdiction

38Demarcation of boundaries

39Personal jurisdiction

40Principles of criminal jurisdiction

41National jurisdiction

42Extradition

43Domestic nationality law

VII Immunities

44Limitation of territorial jurisdiction

45State immunity

46Derived immunities

47Diplomatic immunities

VIII State responsibility

48State responsibility

49International wrongful acts

50Circumstances precluding wrongfulness

51Cessation and compliance

52Diplomatic protection

IX Settlement of disputes

53General and special rules

54Diplomatic methods

55International arbitration

56The International Court of Justice

57The International Tribunal for the Law of the Sea

58The panel procedures of the World Trade Organization

59The Inspection Panel of the World Bank

X The enforcement of international law

60Characteristics of the enforcement of international law

61Retorsion

62Reprisals

63Collective measures

XI Peace and security

64The prohibition of (armed) force

65Exceptions to the prohibition on (armed) force

66UN peace operations

67International humanitarian law

68The International Committee of the Red Cross

XII The law of international organisations

69Development of international organisations

70Classification of international organisations

71Membership of international organisations

72Structure of international organisations

73Powers of international organisations

74Decision-making procedures of international organisations

75Rules of procedure of international organisations

76Budgetary affairs of international organisations

77Immunities and privileges of international organisations

78Responsibility of international organisations

XIII The United Nations

79Foundation and development

80Objectives and principles

81UN organs

82Relations between the different UN bodies

83Powers and functions of UN agencies

84The voting procedures in the UN

85Immunities and privileges of the UN

86The responsibility of the UN

87The UN and the development of international law

XIV Other global international organisations

88Comparison with the United Nations

89The International Labour Organization

90The World Health Organization

91The International Civil Aviation Organization

92The International Maritime Organization

XV Regional intergovernmental organisations

93The Organization of American States

94The European Union

95The African Union

96The Association of Southeast Asian Nations

97Other regional intergovernmental organisations

XVI International human rights

98Recognition and development

99Categories of human rights

100International human rights instruments

101Implementation and enforcement mechanisms in international human rights treaties

102Monitoring mechanisms

103Regional human rights instruments

XVII International criminal law

104Development and character of international criminal law

105International criminal responsibility

106Prosecution and punishment of international crimes by national authorities

107International crimes in domestic criminal law

108International criminal courts and tribunals

109The International Criminal Court

110ICC procedure

111Cross-border organised crime

112Terrorism

113International organisations for combating crime

XVIII International economic law

114The development of international economic law

115The World Trade Organization

116The International Agreement on Tariffs and Trade

117International monetary organisations

118Regional economic organisations and agreements

119Development cooperation

XIX International environmental law

120The internationalisation of environmental law

121Principles of environmental law

122UN conferences

123Institutionalisation

124Environmental treaties

List of consulted literature

Index

Figures

1Cross-sectional diagram of maritime zones

2International wrongful act

3Basic UN organogram

4Example individual complaint procedure (ICCPR)

5ICC procedure

Tables

1Validity and effect of treaties

2Examples of economic measures against states by the UNSC

3Legal basis for the use of force

4Classification of international organisations

5Main UN bodies

6Voting in the UN

7Implementation and enforcement mechanisms in international human rights treaties

8Regional human rights instruments

Abbreviations

Chapter I

Introduction

1 Definition of public international law

Public international law is the body of law that governs the legal relations between internationally recognised legal persons (mainly states and international organisations). In literature and legislation, ‘public international law’ is also referred to as ‘international law’.

A typical public international law activity is the conclusion of treaties between states (see section 27). These treaties may concern various matters, such as air and sea transport, taxation, extradition, human rights, extinction, and intellectual property rights. The establishment of international organisations, such as the United Nations (UN) and regional organisations (see Chapter XV), is also a characteristic act of public international law. Activities of states and international organisations can lead to responsibility, litigation, and even armed conflict. These phenomena are also part of public international law.

2 The legal nature of public international law

The international legal order has a separate legal character. International law differs from national legal systems in the following respects:

• The international legal order has no central legislative, executive, or judicial power.

•