Foundations of International Law – Fifth Edition (Student) provides a clear, succinct, and accessible guide to the cardinal concepts of public international law by covering its structure, systematic requirements, and major substantive topics. It has been written to meet the needs of practicing and academic lawyers, students of law and international relations, and anyone interested in developing their understanding of the rules of the international system.
This book brings clarity to international law that is occasionally missing from some specialist works, and a comprehensiveness that transcends basic introductions. It is unique in that it is written for a Hong Kong readership.
The Foundations of International Law – Fifth Edition (Student) includes the following additions and updates:
- The role of natural law in the juridical foundations of modern international law and human rights;
- A refinement of what constitutes State practice (usus);
- The ILC’s Guide to Provisional Application of Treaties;
- Matters relevant to the interpretation of treaties;
- Incorporation of customary international law into Australia’s common law;
- The ICJ’s Chagos advisory opinion on self-determination;
- Effective control of State organs placed at an international organisation’s disposal;
- The ICJ’s judgments in Armed Activities in the Territory of the Congo (Congo v Uganda) and Jadhav (India v Pakistan) on State responsibility;
- Juridical origins and foundations of peremptory norms of general international law (jus cogens);
- The ICJ’s disposal of preliminary objections on non-exhaustion of local remedies in Ukraine v Russia;
- The ILC’s Draft Articles on the Prevention and Punishment of Crimes Against Humanity in respect of alleged offenders of crimes against humanity who are present in a State’s territory;
- The judgment of the UK Supreme Court in Bancoult, on the loss of inviolability of a diplomatic mission’s documents and official correspondence;
- The ICJ’s judgment in Equatorial Guinea v France on designating a property with the status of ‘premises of the [diplomatic] mission’;
- Non-existence of proprietary rights for individuals in respect of terra nullius;
- The ICJ’s decision on jurisdiction and admissibility in Obligations Concerning Negotiations (Marshall Islands v India);
- A refinement of proof in proceedings before the ICJ;
- Application of the Torture Convention to cover conduct persons acting in an official capacity on behalf of an entity exercising de facto governmental control over a population;
- The ILC’s Draft Articles on Crimes Against Humanity;
- Clarification of command responsibility by the ICC in Prosecutor v Bemba;
- The UN Human Rights Committee’s General Comments No 36 on the right to life and No 37 on the right of peaceful assembly;
- The judgment of ITLOS in Norstar (Panama v Italy) on the exclusivity of flag State prescriptive jurisdiction over vessels on the high seas; and
- Delimitation of maritime boundaries by acquiescence.
