Primer: International Law

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CONTENTS

I. The Sources of International Law
Customary International Law
Treaties, General Principles, and Other Sources
Judicial/Subsidiary Sources of International Law

II. The Relationship Between International and Domestic Law
Domestic Law vs. International Law
Customary Law
Treaty Law

III. Executive Agreements
In General
What the President Can Do
Purely Executive Powers vs. Shared Powers

IV. States
Definition
Recognition of States
Recognition of Governments
Self Determination
Sovereignty Over Land, Sea and Air

V. Non-State Entities: Organizations, Corporations and Individuals
International Organizations
Individuals and Nationality
Corporations

VI. Jurisdiction
General Principles
—–Prescriptive Jurisdiction
—–Enforcement Jurisdiction
Conflicts of Jurisdiction
Extradition

VII. Immunity from Jurisdiction
Sovereign Immunity
The Act of State Doctrine
Immunity of State Representatives

VIII. The Law of the Sea
Introduction
Territorial Rights
Transit Passage, Straits and Archipelagos

IX. International Environmental Law

X. International Agreements
The Law of Treaties
Nonbinding International Documents
Capacity to Enter Into Treaties
Making a Treaty
Observance of Agreements
Interpretation of Agreements
Amendments and Modifications
Invalidity of Treaties

XI. Human Rights
Basics
Some U.S. Mechanisms Related to Human Rights
State Involvement
Substantive Bases of Responsibility
Substantive Human Rights
Fundamental Human Rights Violations
Procedure
What to Do When an American is Tortured by a Foreign Government
Suspension of Human Rights
Duplication of Claims

XII. Settling Disputes Peacefully
The First Rule of the Use of Force Is Not to Use It
Settling Disputes Peacefully
Dispute Settlement through the U.N. and other international organizations
International Arbitration
Formal Adjudication: The International Court of Justice

XIII. The Use of Force
Introduction
Analysis for All Use-of-Force Issues
Self Defense
Uses of Force Permitted by Customary International Law, but not in UN Charter
Intervention
—–Humanitarian Intervention
—–Intervention to Effect Changes
—–Intervention Against Terrorism
—–Intervention in Civil Wars
Example: Nicaragua
Necessity and Proportionality
War Powers Resolution
Collective Use of Force
“Lawfare”


 



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