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Theory of International Law 2nd ed

G.I. Tunkin

ISBN13: 9781898029601

ISBN: 1898029601

Published: September 2003

Publisher: Wildy, Simmonds and Hill Publishing

Country of Publication: UK

Format: Hardback

Price: Out of print

Subjects:: Public International Law, Wildy, Simmonds and Hill

Contents:: Introduction.; Translation Note.; Foreword to the Russian Edition.;; Part I: The Development of International Law After the Great October Revolution;; Chapter I. The International Legal Ideas of the October; Revolution and the Making of Contemporary International Law;; 1. The Principles of Socialist Internationalism; 2. The Principles of Equality and of Self-Determination of Nations;; 3. The Principles of Peaceful Coexistence;; Chapter 11. Peaceful Coexistence and General international; Law. The Influence of the Breakup of the Colonial System;; 1. The Unfoundedness of the Theory that the Developmental Base of International Law is Contracting;; 2. Peaceful Coexistence of States with Different Social Systems and General International Law;; Chapter 111 Modification of the Fundamental Principles of International Law During the Period of Coexistence of the Two Systems;; 1. The Emergence of New Principles of International Law; (a) The principle of nonaggression;; (b) The principle of peaceful settlement of disputes; (c) The principle of self-determination of peoples; (d) The principle of peaceful coexistence;; (e) The principle of disarmament;; (f) The principle of respect for human rights; (g) The prohibition of war propaganda; 2. The Development and Strengthening of the Old Democratic Principles of International Law;; Part II The Process of Forming Norms of Contemporary General International Law;; Chapter IV The Basic Processes of Forming Norms of International Law;; 1. International Treaties;; (a) Treaties between States;; (b) Treaties between States concluded within the framework of international organizations; 108; (c) Regulations adopted by specialized international organizations; (d) Treaties of international organizations; 2. International Custom; 3. Treaty and Custom in Contemporary International Law;; (a) The predominant role of the treaty in the development of international law;; (b) The international treaty and general international law ;; (c) The interaction of treaty and custom;; 4. The Principles of Jus Cogens; Chapter V. Subsidiary Processes of Forming Norms; 1. Resolutions of the United Nations General Assembly; 2. Recommendations of Specialized International Organizations; 3. Decisions of the International Court and of International Arbitration Tribunals;; 4.National Legislation and Decisions of National Judicial Instances;; Chapter VI Doctrine and the Opinions of Social Organizations;; 1. International Legal Doctrine; 2. Opinions and Resolutions of Social and Scientific Organizations;; Chapter VII. The Problem of General Principles of Law;; Part III: The Legal Nature and Essence of Contemporary International Law; Chapter VIII. The Legal Nature of Agreement as the; Mode of Creating Norms of International Law;; 1. The Bourgeois Doctrine of Agreement;; 2. Agreement as the Result and the Embodiment of the Concordance of the Wills of States; 3. The International Legal Positions of States and Concordant Wills Reflected in Norms of Inter national Law;; 4. The Unfoundedness of the Concept of the Fundamental Norm; Chapter IX. The Character and Essence of Contemporary General International Law; 1. Bourgeois Science on the Social Nature of Inter national Law; 2. The Societal Laws of the Development of International Law;; (a) The laws of the development of society and international law;; (b) The unfoundedness of the bourgeois concept of ubi .societas ibijus; (c) International law and international organization; 3. Modification of the Character and Essence of General International Law During the Past Half Century;; (a) Fundamental changes in general international law after the Great October Socialist Revolution;; (b) The position of bourgeois practice and doctrine on the question of changes in international law;; The Question of an Intermediate Status Between War and Peace;; Part IV: International Law, Foreign Policy, and Diplomacy ;; Chapter X. The Influence of Foreign Policy and Diplomacy Upon the Development of lntemational Law; Chapter XL The Influence of International Law on Foreign Policy and Diplomacy;; Chapter XII. International Law as a Support for Foreign Policy; Part V: The Legal Nature of Contemporary General International Organizations; Chapter XIIL The Laws of Societal Development and International Organizations;; 1. The Internationalization of Economic Life and International Organizations; 2. Coexistence of the Two Opposed Social Systems and International Organizations; 3. The Breakup of the Colonial System and International Organization;; 4. The Existence of Sovereign States and International Organizations;; Chapter XIV. The Basic Features of the Legal Nature of General International Organizations. The Charteras the Basis of an Organizations Activity;; 1. Charters of International Organizations:Treaties or Constitutions?; 2. The Jurisdiction of International Organizations; (a) The concept of inherent jurisdiction; (b) The concept of implied powers; 3. Change of the Charters of International Organizations; Chapter XV. The Basic Features of the Legal Nature; of Contemporary General International Organizations; 1. The Interstate Character of General International Organizations; (a) The principle of equality of States in international organizations;; (b) The right to withdraw from an international organization;; 2. International Organizations as Organs of Peaceful Coexistence;; (a) The legal basis and extent of the legal personality of international organizations;; Chapter XVI The Problem of a World State and Prospects for the Developnient of International Organizations; I. Bourgeois Concepts of a World State;; 2. Marxism and the Problem of a World State;; 3. Ways of Strengthening the United Nations;; Part VI: The General Character and Forms of State Responsibility Under International Law; Chapter XVII. The Character of State Responsibility Under International Law Before the Great October Socialist Revolution; Chapter XVIII. State Responsibility Under Contemporary international Law; 1. The Concept of the International Legal Criminal Responsibility of a State; 2. Some New Aspects of State Responsibility; (a) Prohibition of the use of force and State Responsibility; (b)Subjects of legal relations in instances of international legal State responsibility; (c) Types and forms of State responsibility in contemporary international law; Annex:Several Reflections in Connection with the Draft; Charter of an International Tribunal for the Consideration of Cases Concerning Crimes Committed on; the Territory of Fonner Yugoslavia - G.I.Tunkin; Bibliography of Works by G. I. Tunkin;; Glossary of International Legal Terms;; Table of Treaties and of United Nations General Assembly Resolutions; Index;