Table of Abbreviations
14
THE NATURE AND DEFINITION OF INTERNATIONAL LAW
I. DEFINITION OF INTERNATIONAL LAW
15
A. Traditional Definition of International Law
15
B. Modern Definition of International Law
16
II. IS INTERNATIONAL LAW A TRUE LAW?
17
SOURCES OF INTERNATIONAL LAW
I. THE SOURCES PROBLEM
21
1. Definition of Treaties
22
2. Formation of Treaties
23
3. Authority to Negotiate, Draft and Sign a Treaty
23
4.1. Consent by Signature
25
4.2. Consent by Exchange of Instruments
25
4.3. Consent by Ratification
25
4.4. Consent by Accession
26
5. Reservations to Treaties
26
6. Entry into Force of Treaties
29
7. Treaty Interpretation
30
8. Successive Treaties
30
9. Invalidity of the Treaties
32
10. Termination and Suspension of Treaties
32
10.1. By Treaty ProvisionAgreement
33
10.3. Impossibility of Performance
33
10.4. Fundamental Change of Circumstances
33
B. Customary International Law
34
2. Opinio Juris (Psychological Element)
35
C. General Principles of Law
35
III. SUBSIDIARY SOURCES
36
IV. UNILATERAL DECLARATIONS
37
SUBJECT OF INTERNATIONAL LAW
C. The Territorial Principle
42
D. The Nationality Principle
42
II. INTERNATIONAL ORGANIZATIONS
43
A. Definition and Brief Explanation
43
1. The Key Objectives of the United Nations
45
2. The Organs of the United Nations
46
2.3. International Court of Justice
47
2.4. Economic and Social Council
47
2.5. Trusteeship Council
47
I. MARITIME ZONES UNDER INTERNATIONAL LAW
49
3. Jurisdiction Over Foreign Ships
57
3.1. Criminal Jurisdiction of the Coastal State
57
3.2. Civil Jurisdiction of the Coastal State
58
4. Delimitation of the Territorial Sea
59
D. Exclusive Economic Zone
61
1. Rights and Duties of the Coastal State in the EEZ
61
2. Rights and Duties of Other States in the EEZ
63
1. The Rights and Duties of the Coastal State
63
2. Comparison of Rights and Duties Between the Continental Shelf and the EEZ
65
1. The Freedoms of the High Seas
66
2. What is Flag State Jurisdiction?
66
3. Right of Hot Pursuit
66
II. THE AEGEAN MARITIME DISPUTES
67
A. The Delimitation of Territorial Sea Issue
68
B. The Delimitation of Continental Shelf Issue
70
C. Misuse of FIR Responsibility by Greece
73
III. THE TURKISH STRAITS
74
1. Passage Regime Through the Turkish Straits for Warships in Time of Peace
76
2. Passage Regime Through the Turkish Straits for Warships in Time of War When Türkiye is Not Belligerent
77
3. Passage Regime Through the Turkish Straits for Warships in Time of War When Türkiye is Belligerent
77
4. Passage Regime Through the Turkish Straits for Warships When Türkiye Considers Itself to be Threatened with Imminent Danger of War
77
I. RECOGNITION OF STATES
79
A. Legal Effects of Recognition
79
1. Constitutive Theory
80
B. Modes of Recognition
80
1. De facto Recognition
81
2. De Jure Recognition
81
3. The Distinction Between De Facto and De Jure Recognition
81
C. Forms of Recognition
82
1. Expressed Recognition
82
2. Implied Recognition
82
D. Withdrawal of Recognition
82
II. RECOGNITION OF GOVERNMENTS
82
DIPLOMATIC AND CONSULAR RELATIONS
I. DIPLOMATIC RELATIONS
83
A. Inviolability of Missions
83
2. Archives, Documents and Official Correspondence
84
B. Immunities and privileges of Diplomatic Agents
85
1. Inviolability of Diplomatic Agents
85
3. Papers, Correspondence and Property
85
4. Personal Immunities from Local Jurisdiction
85
6. Exemption from Taxes
86
7. Exemption from Personal Services
86
8. Members of the Family of a Diplomatic Agent
86
C. Immunities and Privileges of Members of the Administrative and Technical Staff of the Mission
86
D. Immunities and Privileges of Members of the Service Staff of the Mission
86
E. Immunities and Privileges of Private Servants of Members of the Mission
87
F. Duration of Privileges and Immunities
87
G. Term of Office of the Diplomatic Agent
87
II. CONSULAR RELATIONS
87
A. Inviolability of the Consular Premises
88
B. Exemption from Taxation of Consular Premises
88
C. Inviolability of the Consular Archives and Documents
88
D. Inviolability of the Correspondence of the Consulate
88
E. Protection of Consular Officers
89
F. Personal Inviolability of Consular Officers
89
G. Immunity from Jurisdiction
89
III. THE DIFFERENCES BETWEEN DIPLOMATIC AND CONSULAR IMMUNITIES AND PRIVILEGES
90
I. ELEMENTS OF AN INTERNATIONALLY WRONGFUL ACT OF A STATE
91
II. CIRCUMSTANCES PRECLUDING WRONGFULNESS
94
III. REPARATION FOR THE INJURY CAUSED BY THE INTERNATIONALLY WRONGFUL ACT
94
IV. DIPLOMATIC PROTECTION
94
THE SETTLEMENT OF DISPUTES BY PEACEFUL MEANS
E. Inquiry & Fact–Finding
99
II. JUDICIAL SETTLEMENT
100
B. International Tribunal – The International Court of Justice (ICJ)
100
1. Composition of the ICJ
101
2. The Selection of the Fifteen Judges
101
4. Jurisdiction in Contentious Cases
103
6. Enforcement of Judgments
104
SANCTIONS, COUNTERMEASURES, AND COLLECTIVE SECURITY
I. INADIMPLENTI NON EST ADIMPLENDUM (NON–PERFORMANCE EXCUSES NON–PERFORMANCE)
107
III. REPRISALS AND COUNTERMEASURES
108
IV. COLLECTIVE SECURITY
110
V. THE ROLE OF THE GENERAL ASSEMBLY (UNITING FOR PEACE)
112
INTERNATIONAL CRIMINAL COURT
I. WHY WAS THE INTERNATIONAL CRIMINAL COURT ESTABLISHED?
113
II. WHAT IS THE INTERNATIONAL CRIMINAL COURT?
113
III. THE ORGANS OF THE ICC
115
1. The Pre–Trial Chamber
116
3. The Appeal Chamber
117
C. The Office of the Prosecutor
117
IV. CRIMES WITHIN THE JURISDICTION OF THE ICC
118
B. Crimes Against Humanity
119
D. The Crime of Aggression
124
V. COURT PROCEEDINGS AND PROCEDURES
124
A. Initiation of Cases Before the Court
124
B. The Prosecutor’s Initiative to Open an Investigation
124
C. Process Upon Referral of a Situation to the ICC for Investigation
125
D. Warrant of ArrestSummons to Appear
125
E. Procedural Steps Following Issuance of ICC Warrant of Arrest
126
F. The Rights of the Suspect
127
G. Conduct of the Trial
127
H. Appeal and Revision
128
İ. Victims’ Participation
128
J. Protection of Victims Participating in Proceedings
129
K. Decisions Regarding Reparations for Victims at the Conclusion of a Trial
129
L. Witness Protection
130
Further Reading Recommendations
131