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CHAPTER 1. WHAT IS “INTERNATIONAL LAW”？1

1.01 Introduction1

1.02 General Definition3

[A] International Law3

[B] Publc vs. Private International Law4

[C] The Blurring of Distinctions5

1.03 Is International Law “Law”？6

1.04 A Bit of History10

CHAPTER 2. HOW DOES INTERNATIONAL LAW RELATE TO NATIONAL （“MUNICIPAL”） LAW？15

2.01 Introduction15

[A] International Law in National Law15

[1] The Applicability of International Law in National Law16

[2] The Use of International and Comparative Law to Inform National Court Decisions22

[B] National Law in International Law23

2.02 “Monism” vs. “Dualism”23

2.03 International Law as Law of the United States25

2.04 The Effect of Actions of the President or Congress that Violate International Law27

2.05 Self-Executing Treaties28

CHAPTER 3. THE SOURCES OF INTERNATIONAL LAW33

3.01 Introduction33

3.02 What Gives the “Sources” of International Law Legal Force？34

3.03 Article 38 of the Statute of the International Court of Justice38

[A] Treaties40

[B] Customary International Law44

[1] “A General Practice”45

[2] “Accepted as Law”51

[3] Recent Challenges to Custom as a Source of Law55

[C] General Principles of National Law56

[D] “Subsidiary Means”： Judicial Decisions and Writings61

[1] Courts and Tribunals62

[2] Publicists63

[E] Decisions ex aequo et bono66

[1] The Unutilized Power67

[2] “Equity” Distinguished68

CHAPTER 4. THE LAW OF TREATIES71

4.01 Introduction72

4.02 Treaties as International “Legislation”73

4.03 Treaties as International “Contracts”75

4.04 Treaties and Customary International Law76

4.05 The Vienna Convention on the Law of Treaties78

[A] What Is a “Treaty”？79

[B] The Making of Treaties82

[1] General82

[a] Overview of the Treaty-Making Process83

[b] Obligations Prior to Entry Into Force85

[c] Consent to be Bound86

[2] Reservations90

[a] Multilateral Treaties91

[b] Bilateral Treaties92

[c] “Reservation” Defined93

[d] Permissibility of Reservations94

[e] Acceptance of and Objection to Reservations98

[C] The Legal Effect and Interpretation of Treaties102

[1] Pacta Sunt Seruanda103

[2] Non-retroactivity and Territorial Scope104

[3] Successive Treaties Relating to the Same Subject Matter104

[4] Interpretation105

[a] The General Rule106

[b] Supplementary Means of Interpretation110

[c] Treaties in More than One Language111

[5] Treaties and Third States112

[D] Amendment and Modification of Treaties113

[E] Invalidity and Termination of Treaties115

[1] Invalidity116

[a] Lack of Competence116

[b] Error117

[c] Fraud117

[d] Corruption117

[e] Coercion117

[f] Jus Cogens118

[2] Termination118

[a] Material Breach120

[b] Impossibility122

[c] Fundamental Change of Circumstances123

[d] Jus Cogeus125

4.06 The Relationship Between Treaties and State Responsibility125

4.07 The Law of Treaties and United States Law127

[A] The Position of the United States on the Vienna Convention127

[B] The Meaning of the Term “Treaty” in U.S.Domestic Law129

[C] Authority to Make International AgreementsUnder U.S. Law130

[1] Article Ⅱ Treaties131

[2] Executive Agreements133

[a] Congressional-Executive Agreements133

[b] Agreements Made Pursuant to Other Treaties134

[c] Sole Executive Agreements134

[D] Authority to Interpret Treaties and Other International Agreements under U.S. Law136

[E] Authority to Suspend or Terminate Treaties and Other International Agreements Under U.S. Law137

[F] Conflict between Treaty and Federal Statute：The Last-in-Time Rule137

CHAPTER 5. TO WHOM IS INTERNATIONAL LAW ADDRESSED？ STATES AND OTHER SUBJECTS OF INTERNATIONAL LAW139

5.01 Introduction139

5.02 States141

[A] Statehood： Objective Requirements141

[1] Permanent Population142

[2] Defined Territory143

[3] Government143

[4] Capacity to Enter into Relations with Other States145

[5] Summation145

[B] Recognition of States and Governments146

[1] Recognition of States146

[2] Recognition of Governments148

[C] State Succession150

[D] Self-Determination155

5.03 Other “Subjects” of International Law160

[A] Territorial Entities Other than States160

[B] International Organizations161

[C] Natural and Legal Persons165

[1] Natural Persons165

[a] Individuals165

[Ⅰ] The Individual as an “Object” of International Law165

[Ⅱ] The Individual as a Subject of International Law166

[Ⅲ] International Human Rights Law167

[Ⅳ] Terrorists and Terrorism168

[b] “Peoples”170

[2] Legal Persons170

CHAPTER 6. THE ALLOCATION OF COMPETENCE AMONG STATES： JURISDICTION173

6.01 Introduction173

6.02 Jurisdiction of States： General Considerations174

6.03 Bases of State Jurisdiction176

[A] Introduction176

[B] Territoriality and the Effects Principle176

[1] Conduct and Other Matters Within a State’s Territory176

[2] Effects Within a State’s Territory179

[C] Nationality180

[D] The Protective Principle182

[E] The Universality Principle184

[F] Other Possible Bases188

6.04 Immunity from Jurisdiction189

[A] Introduction189

[B] Historical Development189

[C] The United States Foreign Sovereign Immunities Act of1976194

[1] Introduction194

[2] The Commercial Activities Exception195

[3] The Non-Commercial Tort Exception197

[4] Enforcement of Judgments200

6.05 The Act of State Doctrine202

CHAPTER 7. REMEDIES： INTERNATIONAL RESPONSIBILITY211

7.01 Introduction211

7.02 General Principles215

[A] Attribution216

[B] “Defenses” — Circumstances Precluding Wrongfulness217

7.03 Obligations of the Wrongdoing State222

[A] Introduction222

[B] Reparation222

[1] Restitution223

[2] Compensation224

[3] Satisfaction225

7.04 Countermeasures226

7.05 Alternatives to the Traditional Approach：Accountability and Compliance229

CHAPTER 8. THE USE OF FORCE BY STATES233

8.01 Introduction233

[A] Historical Development233

[B] This Chapter235

8.02 The Basic Prohibition： Article 2（4）235

8.03 Self-Defense： Article 51240

8.04 Collective Use of Force246

[A] Collective Self-Defense246

[B] Action Under the Authority of the Security Council246

[C] Regional Arrangements248

CHAPTER 9. INTERNATIONAL HUMAN RIGHTS LAW251

9.01 Introduction251

[A] Background251

[B] State Responsibility for Injuries to Aliens253

[C] International Humanitarian Law256

[D] This Chapter259

9.02 The Universal System260

[A] The “International Bill of Human Rights”261

[1] The Universal Declaration262

[2] The Civil and Political Covenant265

[3] The Economic， Social and Cultural Covenant267

[4] Compliance Mechanisms269

[a] United Nations and Treaty-Based Systems269

[b] Enforcement of Human Rights Law in Domestic and International Tribunals273

[B] Customary International Human Rights Law276

9.03 Regional Systems278

CHAPTER 10. THE SETTLEMENT OF DISPUTES BETWEEN STATES283

10.01 Introduction283

10.02 The Basic Obligation： Peaceful Settlement284

10.03 Forms of Dispute Settlement286

10.04 The International Court of Justice289

[A] General289

[B] Jurisdiction290

[C] The Effect of the Court’s Judgments and Orders292