Custom, Power, and the Power of Rules: International Relations and Customary International Law

By Michael Byers | Go to book overview

Contents
Forowrd by fames Crawfordix
Prefacexi
Acknowledmentsxiv
Table of casesxvi
Table of treatiesxix
List of abbreviationsxvi
Part 1 An interdiciplinary perspective
1 Law and power3
  Some working assumptions13
  Power and the study of international law15
  Opinio juris, the customary process and the qualifying effects of     international law18
2 Law and international relations21
  Regime theory and institutionalism24
  The 'English School'31
3 Power and international law35
  Power and the debate about whether resolutions and declarations     constitute State practice40
  Power and the scope of international human right43
Power and critical legal scholarship45
Power as a threat to international law?46
Part 2 International law and the application of power
4 The principle of jurisdiction53
  Jurisdiction and customary international law55
    Internal rules57
    Boundary rules60
    External rules65
  Jurisdiction by analogy69
5 The principle of personality75
  Diplomatic protection79
  The 'international minimum standard'82
  Stateless persons and refugees84
  Non-governmental organisations86

-vii-

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Custom, Power, and the Power of Rules: International Relations and Customary International Law
Table of contents

Table of contents

  • Title Page *
  • Contents vii
  • Foreword ix
  • Preface xi
  • Acknowledgments xiv
  • Table of Cases xvi
  • Table of Treaties xix
  • Abbreviations xxi
  • Part 1 - An Interdisciplinary Perspective *
  • 1 - Law and Power 3
  • 2 - Law and International Relations 21
  • 3 - Power and International Law 35
  • Part 2 - International Law and the Application of Power *
  • 4 - The Principle of Jurisdiction 53
  • 5 - The Principle of Personality 75
  • 6 - The Principle of Reciprocity 88
  • 7 - The Principle of Legitimate Expectation 106
  • Part 3 - The Process of Customary International Law *
  • 8 - Fundamental Problems of Customary International Law 129
  • 9 - International Relations and the Process of Customary International Law 147
  • 10 - Related Issues 166
  • 11 - Conclusions 204
  • Bibliography 222
  • Index 247
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