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James Crawford - Brownlies Principles of Public International Law

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OXFORD

BROWNLIES PRINCIPLES OF

PUBLIC INTERNATIONAL

LAW

Brownlies Principles of Public International Law - image 1

JAMES CRAWFORD

Malarial com diretes autarats

BROWNLIES PRINCIPLES OF

PUBLIC
INTERNATIONAL
LAW

Ninth Edition

BY

JAMES CRAWFORD, SC, FBA

OXFORD

UNIVERSITY PRESS

Brownlies Principles of Public International Law - image 2

UNIVERSITY PRESS

Great Clarendon Street, Oxford, 0X2 6DP,
United Kingdom

Oxford University Press is a department of the University of Oxford.

It furthers the Universitys objective of excellence in research, scholarship,
and education by publishing worldwide. Oxford is a registered trade mark of
Oxford University Press in the UK and in certain other countries

Estate of Sir Ian Brownlie and James Crawford 2019

The moral rights of the author have been asserted

Sixth edition 2003
Seventh edition 2008
Eighth edition 2012

Impression: 1

All rights reserved. No part of this publication may be reproduced, stored in
a retrieval system, or transmitted, in any form or by any means, without the
prior permission in writing of Oxford University Press, or as expressly permitted
by law, by licence or under terms agreed with the appropriate reprographics
rights organization. Enquiries concerning reproduction outside the scope of the
above should be sent to the Rights Department, Oxford University Press, at the
address above

You must not circulate this work in any other form
and you must impose this same condition on any acquirer

Public sector information reproduced under Open Government Licence v3.0 ( http://www.nationalarchives.gov.uk/doc/open-government-licence/open-government-licence.htm )

Published in the United States of America by Oxford University Press

198 Madison Avenue, New York, NY 10016, United States of America

British Library Cataloguing in Publication Data

Data available

Library of Congress Control Number: 2018964838

ISBN 978-0-19-257702-3

Printed in Great Britain by
Bell & Bain Ltd., Glasgow

Links to third party websites are provided by Oxford in good faith and
for information only. Oxford disclaims any responsibility for the materials
contained in any third party website referenced in this work.

OUTLINE CONTENTS

PART I PRELIMINARY TOPICS

PART II PERSONALITY AND RECOGNITION

PART III TERRITORIAL SOVEREIGNTY

ACQUISITION AND TRANSFER OF TERRITORIAL SOVEREIGNTY 203

PART IV LAW OF THE SEA

PART V THE ENVIRONMENT AND NATURAL RESOURCES

COMMON SPACES AND COOPERATION IN THE USE OF
LEGAL ASPECTS OF THE PROTECTION OF THE ENVIRONMENT 336

PART VI INTERNATIONAL TRANSACTIONS

PART VII STATE JURISDICTION

PART VIII NATIONALITY AND RELATED CONCEPTS

PART IX THE LAW OF RESPONSIBILITY

MULTILATERAL PUBLIC ORDER AND ISSUES OF RESPONSIBILITY 577 PART X THE PROTECTION OF INDIVIDUALS AND GROUPS
THE INTERNATIONAL MINIMUM STANDARD: DIPLOMATIC

PART XI DISPUTES

CONTENTS

Glossary Ixxxii

PART I PRELIMINARY TOPICS

PART II PERSONALITY AND RECOGNITION

CREATION AND INCIDENCE OF STATEHOOD
  1. Recognition of Governments 141

PART III TERRITORIAL SOVEREIGNTY

FORMS OF GOVERNMENTAL AUTHORITY OVER TERRITORY 191
ACQUISITION AND TRANSFER OF TERRITORIAL SOVEREIGNTY 203

PART IV LAW OF THE SEA

  1. The Seabed and Ocean Floor Beyond the Limits of National Jurisdiction 310

PART V THE ENVIRONMENT AND NATURAL RESOURCES

COMMON SPACES AND COOPERATION IN THE

USE OF NATURAL RESOURCES 317

LEGAL ASPECTS OF THE PROTECTION OF THE ENVIRONMENT 336

PART VI INTERNATIONAL TRANSACTIONS

THE LAW OF TREATIES 353
DIPLOMATIC AND CONSULAR RELATIONS 381
UNILATERAL ACTS, ACQUIESCENCE, AND ESTOPPEL 401
  1. Unilateral Acts 402
  2. Acquiescence 405
SUCCESSION TO RIGHTS AND DUTIES 409

PART VII STATE JURISDICTION

SOVEREIGNTY AND EQUALITY OF STATES 431
JURISDICTIONAL COMPETENCE 440
PRIVILEGES AND IMMUNITIES OF FOREIGN STATES

PART VIII NATIONALITY AND RELATED CONCEPTS

THE RELATIONS OF NATIONALITY 495
  1. Nationality of Corporations 512

PART IX THE LAW OF RESPONSIBILITY

THE CONDITIONS FOR INTERNATIONAL RESPONSIBILITY 523
CONSEQUENCES OF AN INTERNATIONALLY WRONGFUL ACT 552
MULTILATERAL PUBLIC ORDER AND ISSUES OF RESPONSIBILITY 577

PART X THE PROTECTION OF INDIVIDUALS AND GROUPS

THE INTERNATIONAL MINIMUM STANDARD:

DIPLOMATIC PROTECTION AND PROTECTION

OF INVESTMENTS 591

INTERNATIONAL HUMAN RIGHTS
INTERNATIONAL CRIMINAL JUSTICE 645
  1. Conclusion 663

PART XI DISPUTES

THE CLAIMS PROCESS 667
  1. Conclusion 691
  1. Conclusion 716
USE OR THREAT OF FORCE BY STATES 717
  1. Conclusion 748

Index

Preface James Crawford SC FBA From Brownlies Principles of Public - photo 3

Preface

James Crawford SC, FBA

From: Brownlie's Principles of Public International Law (9th Edition) James Crawford

Previous Edition (8 ed.)

Content type: Book content

Product: Oxford Scholarly Authorities on International Law [OSAIL]

Published in print: 09 July 2019

ISBN: 9780198737445

It is difficult to overestimate the importance of successive editions of Ian Brownlie's Principles for the teaching of international law over the past half century. It is not too much to say that several generations of Anglophone international lawyers have absorbed their sense of the structure of their subject from Principles . It was both an honour and responsibility to undertake an eighth edition following Ian Brownlie's tragic death in January 2010. This ninth edition follows some seven years later and captures the plethora of developments in international law which have occurred in the intervening period.

Ian was used to describing Principles as a 'legal handbook', but it was always much more than that, seeking to cover the broad subject matter of international law in 13 Parts and 32 chapters. In the eighth edition, these were somewhat simplified into 11 Parts and 33 chapters (with the introduction of an Introduction). Although there was some reorganization of Parts and chapters, the structure and the approach of this edition was recognizably that of earlier editions and has remained so.

As to structure, an initial review of general topics (history, sources, and the relations of international to municipal law) is followed by Parts on statehood and legal personality (into which the law of international organizations has been fitted); territorial sovereignty; law of the sea; the environment and natural resources; international transactions (including unilateral acts and succession); jurisdiction; nationality; responsibility; protection of individuals and groups; and disputes (including use of force). The result is coverage of all the major topics of classical and modern international law (with the exception of international trade law) in a form hopefully accessible to advanced undergraduates, graduate students, and legal professionals alike. A feature of the present edition, suggested by one of the readers, is a summary conclusion added to most chapters.

As to approach, this is unabashedly that of the international lawyer, historically informed but aware of the climate of changes, real and attempted, which seems to threaten the fragile international order. Due note has been taken of these changes and threats of change, but without any attempt to predict an uncertain future.

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