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Cassese's International Law


Synopsis


Cassese's International Law is a new edition of an established classic. Authors Gaeta, Viñuales, and Zappalá have built on the legacy of international law luminary Antonio Cassese to offer a thought-provoking and lucid account for today's undergraduates and postgraduates. The authors have refreshed Cassese's original approach, ensuring the book continues to compare the traditional legal position with the developing and evolving law. Advancing areas such as the law of the sea, territorial matters, and international environmental law have been expanded to give proper place to their evolving development, while brand new chapters on international trade and foreign investment have been written to reflect the advancements of these areas. In maintaining the broad structure and approach but providing new material, the authors bring fresh context to Cassese's thinking and provide students with an up-to-date, compelling account of the landscape of international legal thinking. Digital formats This edition is available for students and institutions to purchase in a variety of formats. The e-book offers a mobile experience and convenient access along with functionality tools, navigation features, and links that offer extra learning support: www.oxfordtextbooks.co.uk/ebooks

Paola Gaeta, Jorge E. Viñuales, Salvatore Zappalà, Antonio Cassese

Summary



This chapter-by-chapter review of Antonio Cassese's International Law offers an overview of the concepts discussed in this book, as well as examples to further explain the principles of international law.

Chapter 1
The first chapter of Cassese's International Law focuses on the concept of sovereignty and the various ways in which it is viewed in international law. The author briefly touches on the historical roots of modern international law, including the Westphalian peace treaties, before moving on to discuss international law and its implications for nation states. This chapter explains how some nations are considered to have absolute sovereignty, while others are subject to regional or international agreements and how these agreements affect the power of the state. To illustrate, the creation of the European Union is a good example of nations pooling their sovereignty to work together towards a common goal.

Chapter 2
The second chapter deals with the various sources of international law, such as treaties, custom, and general principles. It explains how these source materials are used in determining the law; for example, treaties are considered to be binding legal agreements between states, custom involves the established practices between states, and general principles serve as accepted norms of human behavior. In addition, the author discusses the development of international courts and tribunals, such as the International Court of Justice, and how they are used to arbitrate disputes between states. As an example, the Genocide Convention was implemented in 1948 to hold individuals accountable for mass atrocities, providing a clear illustration of international law in action.

Chapter 3
In this chapter, Cassese provides an overview of the main branches of international law, such as public international law and private international law. He highlights the differences between these two branches, discussing the purposes, principles, and methods behind each one. Examples of public international law include the UN Charter, the Geneva Conventions, and the International Covenant on Civil and Political Rights, while private international law includes issues such as international contracts, marriage and inheritance laws, and intellectual property laws. As an example, a multinational corporation's agreement to abide by certain environmental standards in a host country is a good illustration of private international law in practice.

Chapter 4
The fourth chapter focuses on the concept of state responsibility in the realm of international law. Cassese discusses how states are held accountable for their actions, including their compliance with international treaties and other obligations. He further examines the duty of states to abide by international law, and the legal consequences of breaches or violations of those laws. The Arctic Sunrise case serves as an illustration of how states can be held responsible for non-compliance with international law. In this case, Russia was ordered to pay reparations for violating the freedom of navigation rights of a Greenpeace vessel in international waters.

Chapter 5
The fifth chapter takes a closer look at the concept of statehood and the recognition of states in international law. The author goes through the various criteria that must be met for a state to be recognized in the international community, such as its possession of a stable government and the ability to perform international functions. This chapter also sheds light on diplomatic recognition, exploring the different ways recognition can be granted or withheld and the legal consequences of this decision. A good example is Ecuador, which has been considered a state since 1822 and is now recognized by the majority of the international community.

Chapter 6
The last chapter deals with the topic of international organizations and the role they play in international law. Cassese examines the different types of international organizations and how they operate and interact with states. He also provides an overview of the main functions of these organizations, including how they can play a part in collective security, economic cooperation, and environmental protection. The European Union is an excellent example of an international organization, with its wide array of institutions and programs working to advance the common interests of its members.