The Structure and process of international law : essays in legal philosophy, doctrine and theory

Ours is a world in which the volume of the external trade of the vast majority of nations has greatly expanded and continues to be on the rise. Transnational intercourse of all kinds is now a feature of an interdependent world economy in which no nation can afford to stand aloof from a market-place which has assumed global dimensions. It is also a world where many nations, and not only of the Socialist bloc, conduct some of their transnational business themselves, or else they entrust it to state-owned cor­ porations and to agencies of the state. In these circumstances it becomes of prime importance to know whether a foreign state or an agency or instrumentality thereof can be sued before the local courts and, if so, whether the final judgement obtained can be enforced against the funds or property of the judgement debtor. The question of the immunity of states from suit and from execution is thus one of direct practical relevance not only to the legal profession but also to governments and the business and banking communities all over the world. The economic effects of a particular legal stand on state immunity are obvious. The position of national courts on state immunity can either attract more business or discourage further dealings with foreign states or their agencies. It can thus affect the balance of payments and, in general, the role the country plays in the world market. Title Page Copyright Page Table of Contents International Legal Theory: New Frontiers of the Discipline I. The Schools of Jurisprudence 1. Natural Law: The Tradition of Universal Reason And Authority 2. Will and Order in the Nation-State System: Observations on Positivism and International Law 3. The Marxist-Leninist Approach: The Theory of Class Struggle and Contemporary International Law 4. International Law in Policy-Oriented Perspective 5. The Schools Revisited II. The Social Sciences 1. The Heritage of Political Thought in International Law 2. International Economic Theory and International Economic Law: On the Tasks of a Legal Theory of International Economic Order 3. A Sociological Perspective on International Law 4. Modern Conference Techniques: Insights from Social Psychology and Anthropology 5. The Influence of History on the Literature of International Law III. Fundamental Concepts 1. Subjects: Entitlement in the International Legal System 2. Sovereignty and International Law 3. Equality: Political Justice in an Unequal World 4. Consent: Strains in the Treaty System 5. Custom: The Future of General State Practice In a Divided World 6. Jurisdiction: Changing Patterns of Authority over Activities And Resources 7. State Responsibility: New Theories of Obligation In Inter-State Relations 8. Recognition in Theory and Practice 9. The Common Interest: Tension Between the Whole And the Parts 10. The Future of Regionalism in an Asymmetrical International Society 11. The Conceptual Apparatus of International Law IV. Some Modern Controversies 1. International and Municipal Law: The Complementarity of Legal Systems 2. The Nature and Process of Legal Development in International Society 3. The Impact of International Organizations on the Development and Application of Public International Law 4. Majority Rule and Consensus Technique in Law-Making Diplomacy 5. The United Nations Charter: Constitution or Contract? 6. The Role of Political Revolution in the Theory of International Law 7. The Third World and International Law 8. Human Rights: The Hard Road Towards Universality 9. The Minimum Standards in a World of Disparities 10. Towards a New World Information and Communication Order: Problems of Access and Cultural Development 11. The International Protection of the Environment 12. Peaceful Settlement of Disputes Between States: History and Prospects 13. The Future of Dispute Settlement 14. The Role of Controversy in International Legal Development 15. Coercion and the Theory of Sanctions in International Law 16. The Future of Idealism in International Law: Structuralism, Humanism, and Survival Contributors