第一章Fundamental Topics

Fundamental Topics

●1.1Introduction

Chapter 1 Introduction

●1.2Definition of international law

What are the crucial factors that make international law stand out among other kind of laws? How should we understand the term "International Law"? And what is international law? International law actually is the rule dimension of international relations, on the one hand, it is the method of rules of international relations, among other methods such as diplomatic settlement, political means, economic means, and even force means.And on the other hand, we have many fields in international relations.

●1.3Nature of international law

What is law? Whether international law is a kind of law? When we compare international law with domestic law, the legal mode set by Hart, we can come to the conclusion that international law would not be law, and it has no opportunity to be law. But from other aspects we can find that international law also includes secondarily rules, since international law is a specific of a special type of law,that is: it is horizontal, based on consent, also weak and asymmetric.

●1.4History of IL

International law has a long history. Although the modern international law system we are familiar with has been gradually constructed over the past 100 years, the practice of international law has emerged among European countries since the 15th century. The treaty system of Westphalia, the Vienna system, Versailles - Washington system and Yalta system after World War II are all based on the corresponding international legal order. The development history of international law is closely related to the development of international politics, economy and culture.

●1.5International law and municipal law

Theories of international law has two sets of theories, that is: natural law tradition and positive law tradition. The so-called natural law means that rules without any man made factors,these kind of rules ask people to behave in a good way. And the positive law related to treaties, agreement, customs, institutions and every other things man-made.Natural law has a very long tradition and positive law developed a lot with the development of international society, and plays a more and more important role in international law. While positive law just care about man-made rules, sometimes people make misstate, and hysteric than reality.

第二章Sources of international law

Sources of international law

●2.1Sources of International Law

Chapter 2 Sources of International Law

●2.2The definition and category of the sources

What are the specific legal resources make up international law? How can we distinguish an international law rule among other kinds of rules? How many sorts of legal resources in international law? These are the basic questions about international legal resources. Article 38 of the Statute of International Court of Justice has provided us a definite structure. It`s the most influential list of international law sources, and has established a customary international law. But since new situations happen everyday, this list of international sources is old.

●2.3Treaties - law-making treaties and contract treaties

Treaty has two sorts, the law-making treaties and contract treaties. Law making treaties are meant to create general law applicable to all the states, while contract treaties just specify some general rights and obligations. Nevertheless, the law-making treaties and contract treaties are not so fundamentally differentiate and both the two types of treaties are qualified as the sources of international law.

●2.4Customs - elements of customs

What are the elements of customary international law? Actually the objective element is general practice of states and the subjective element is opinion juris. Relevant states act in the way as the establishment of such a custom and opinion juris means that the acceptance of law by the states.

●2.5Customs - the persistent objector

Nor all customary international law have binding force for all the international actors, most just binding for relative actors.And persistent objector rule or doctrine is the exception.While this kind of doctrine can not be applied in erga omnes, or else it will be a disaster for the whole humankind.

●2.6Relations between Customary International Law and Treaties

General principle is listed as kind of international legal resource in article 38 of the Statute of International Court of Justice. While this article does not provide a definite definition of "principle". Is it general principles set in domestic law which are shared by all the states or almost all the states in the world or general principles rooted in international law? The so-called principles of law, mean both those principles accepted by all legal systems and these principles created just in international law.

●2.7General principles of law and equity

General principle of law or general legal principle refers to a principle that is recognized in all kinds of legal relations, regardless of the legal system to which it belongs. It can also be a principle that is widely recognized by people whose legal order has attained a certain level of sophistication.

●2.8Judicial decisions

Since we have already discussed about treaty, customary international law and general principles as legal sources stipulated in article 38 of the Statute of ICJ, we come to the next legal source: precedent, the case law. It`s the subsidiary means for the determination of rules of law, as provided in article 59. The decision shall only be binding for parties in respect of that particular case.While in practices, ICJ decisions always deemed and also used as a source of international law, therefore, ICJ has created its own case law.The practice have done something new to the sources of international law.

●2.9Soft law

International legal sources have newly developed a lot and expand the contents provided in article 38 of the Statue of ICJ.Such as general resolutions of international organization an international conference. ICJ did regard this kind of resolutions as a part of international law in practices. Soft law has its own status in legal source of international law and at least an evidence of international law.

●2.10Hierarchy of the sources

Since we have already learn about the legal sources stipulated in article 38 of the Statute of the ICJ, how can we apply one rule if there are several rules derived from different source of international law? This issue touches upon the crucial problem in international law: hierarchy of international law. Are there any hierarchy of international law? In domestic law system, we have already known about some methods to deal with the hierarchy law: Spacial law derogate the older rules, the new rules derogate the older rules. Are they also applicable in international law system?

●2.11Jus cogens

Though international law is a set of rules based on consent, there are still some rules called "jus cogens". Then what is "jus cogen"? Obviously, the emerge of jus cogens conflicts with the traditional concept of international law. How can a rule apply to all the states in the international society even without their consent to accept it? And closely related to jus cogens, erga omenes are also worth thinking about. What`s the rationale behind these kind of compulsory obligations? What does the practices show? What are the most important issues toward jus cogens?

第三章States and governments

States and governments

●3.1States and governments

Chapter 3 States and governments

●3.2Criteria of the state

As we know, there are lots of sovereign states in international society, what factors are crucial and necessary for a state to be a "state"? How can we differentiate state with other kinds groups? Answers have been given: defined territory, population, effective control of the central government, and the capacity to enter into relations with other states. New situations give us some new issues.

●3.3Self-determination

Recently, Scotland referendum or independence form the UK has arisen lots of hit arguments. It is an issue related to state`s self-determination. Date back to U.N. Charter and other international announcement, this kind of right can only be applied to colonies. But after all the colonies became independent, how should we understand self-determination? Obviously, self-determination can be divided into two parts: inside self-determination and outside self-determination. Then can a region inside a state declare its independence? We must refer to the constitution of this state. Since this is the inner matter of this state, and is a domestic issue.

●3.4Recognition of government

After the elements of "state", we come to another crucial issue: the recognition of states. Is it an inherent right of a state to recognize another state? In China, 1949, there were some special rules of state recognition.

●3.5Jurisdiction

After the elements of "state", we come to another crucial issue: the recognition of states. Is it an inherent right of a state to recognize another state? In China, 1949, there were some special rules of state recognition.

●3.6Criminal jurisdiction - Universality principle

State has jurisdiction. The jurisdictions may conflict with each other on a specific case when several states claim jurisdiction simultaneously. Then what`s the concept of universal jurisdiction? Is this kind of jurisdiction accepted by international society? How can we deal with the concept of state sovereignty and universal jurisdiction? What are the practices in international society?

●3.7 Conflicts of jurisdiction

States have jurisdiction. What kinds of jurisdiction does a state have in modern internationl society? Then, when these kinds of jurisdictions conflcit with each other, which kind of jurisdiction would derogate? How to jude which court can exercise jurisdiction over the specific case? There are two important principles: territorial jurisdiction shall be used first and then, actual control is important.

●3.8Immunity from jurisdiction

As we known, state has jurisdiction . While not in all the circumstances, a state or its judicial bodies can exercise its jurisdiction over the specific cases. This is the issue related to "state immunity". State immunity has two levels, the first level is exemption from the jurisdiction and the other level is exemption from the enforcement measures against state`s property. What are the theories about state immunity in modern international society? And which kind of theory does states prefer in reality? And what`s the jurisprudence behind this immunity? What kinds of actions equals to the waiver of immunity? And how can a state waive its immunity?

第四章International organizations

International organizations

●4.1International Organization

Chapter 4 International Organization

●4.2Status of international organization

How the international institutions are created? What are international organizations? What are the functions of international organizations? There are WTO,WB,IMF,UN,WHO.....How can international organizations exist and have a lond life? Why can these organizations last for so long?

●4.3Collective security and enforcement action

How does the U.N. keep security of international society? What is collective security? What`s the history of international collective security? Who owns the last word to decide what measures to take? All these questions are related to the meachanism of U.N. Security Council. How does this mechanism operate?

第五章Individuals, companies and groups

Individuals, companies and groups

●5.1Individuals, Companies and Groups

Chapter 5 Individuals, Companies and Groups

第六章Acquisition of territory

Acquisition of territory

●6.1Acquisition of territory

Chapter 6 Acquisition of territory

●6.2Modes of acquisition of territory-Cession

How can a state gain or transfer territory? How many means are there recognized by the international society? In this part, we talk about cession, which is based on treaties.When we refer to the history of world, we know that there were many examples of cession, such as Qing Dynasty and Russian Government. In cession, an agreement is necessary, but do all the treaties about cession of territory are legal and peaceful? History can give us the answer.

●6.3Modes of acquisition of territory-Occupation (of terra nullius)

We know that another method to gain territory is occupation. This method means that a state can gain a territory if there is a terra nullius, which is a area a territory without occupation by any state. However, with the development of modern society, this kind of method has changed over time. This kind of method almost disappear in the past times. However recent years, there are several states claimed some territory on the Antarctica. Maybe in the future this method will get new development both in theory and practice.

●6.4Modes of acquisition of territory-Prescription

Another important method to gain territory is by prescription, which is based on effective control over territory. This kind of method actually come from the ancient Roman law.It means that if a state effectively control a territory smoothly and without any interruption, then, the state gain this territory by prescription. However, what criteria shall be satisfied to judge a prescription? May be we can come to a conclusion that prescription is just a legal claim, could not be really applied in international relations today.

●6.5Modes of acquisition of territory--Operations of nature

Another important method to gain territory is through operations of nature. And there are many examples. And today, both the operation of nature and operation of human beings are accepted as legal means to acquire territory.

●6.6Modes of acquisition of territory--Adjudication（1）

Adjudication is also a mode of acquisition. While in reality ,there are several obstacles. The first question is that international court`s jurisdiction is based on state consents. And another question is that not all the judicial decision are accepted by the losing countries.

●6.7Modes of acquisition of territory--Adjudication（2）

By conquest, one state can also gain territory. Since conquest is closely related to the use of force, it is usually related to war. Peace and war are two traditional parts in international law. Date back to the old times, use of force was generally deemed as legal methods. Until the U.N. Charter established, use of force turned into an illegal method. So the boundary line is the year 1945. Thus, seen from the history, there was legal conquest according to the states` practices, and now, it is definitely unlawful

●6.8Acquiescence, recognition and estoppel

Under the premise that there exists a dispute on a definite area of territory, and if one state declares rights over this territory and the other state stays silent, then it is acquiescence. And estoppel means that a state can not say what it has said before is wrong. It is a legal principle, recognized both by international law and national law all over the world. But how to define estoppel, or to say, what kind of declaration and expressions constitute estoppel in reality.

第七章The law of the sea

The law of the sea

●7.1The law of the sea

Chapter 7 The law of the sea

●7.2Development of LoS

Limited resources leads to competition, and also in the area of sea. There are many resources in the sea, and we need the sea to develop modern economy. Thus, it is really important for every state now in the modern international society,and every state has its own strategy to gain more and more rights in this area. Thus, we need the law to regulate the relations. Several discussions and negotiations appeared about the rules of the sea, including the width of the territorial sea and some other areas in the sea for the benefit of the coastal states and other states. Then, we finally have UNCLOS.

●7.3Internal waters

When we talk about sea, internal water is the most important part. While actually internal water is not really a part of the sea, but a part of territory of a state. States can exercise all kinds of sovereign powers over its territory. What about the internal water? How to define internal water?

●7.4Territory

Every state has its territory, and there are many kinds of boundary lines. If there are mountains between two states, the watershed could be deemed as boundary line;if there are rivers, the central line or the navigation line may be deemed as boundary. But that`s not all the situations. An example is the Yalv River, the whole river is the boundary line of China and Korea.

●7.5Territorial sea (1)

Coastal states definitely can have some rights over the territorial sea, just like its land territory. However there are some exceptions, that is "right of innocent passage". But all in all, compared with contiguous zone, exclusive economic zone and high seas, territorial sea is still the most important under controlled sea zone, under the coastal states` sovereignty.

●7.6Territorial sea (2)

The width of territorial sea decides the definite scope of territorial sea of states`. There is a process of development and expansion of width of territorial sea in the history. That is the necessary consequence of the development of modern society. Sea has more and more economic meanings. After Geneva Convention on the law of the sea in 1958, United Nations Convention on the Law of the Sea gives us a maximal width of territorial sea.

●7.7Territorial sea (3)

Baseline is actually the very basis for us to measure internal waters, to measure territorial sea, contiguous zone and also exclusive economic zone. And there are two types of baseline, normal baseline and straight line.

●7.8The contiguous zone

Contiguous zone is a very important belt of the sea, and UNCLOS has stipulated a lot of regulations about this kind of area. What kinds of rights do coastal states have on contiguous zone? What`s the width of contiguous zone? How to measure contiguous zone?

●7.9Exclusive fishery zones and exclusive economic zones

Rules develop and complete with the development of international society. And especially for some states who claim much wider belt of the sea under their own jurisdiction so that they can get their economic harvest by this kind of claim. But there were lots of disagreements. And in 1982, the Convention on the Law of the Sea creates a new type of maritime zone, that is exclusive economic zone.

●7.10Hot pursuit

Hot pursuit is a legal right of coastal states according to Convention on the High Seas and UNCLOS. Coastal states have the right to pursue a foreign ship when it reasonably believes that the ship has violated the laws and regulations of the state. And there are five requirements for the appliance of right of hot pursuit.

●7.11Piracy

The issue of piracy is very popular these days and it has a very long history in the old times. Due to the importance of this issue, it is within the universal jurisdiction. But can other states intervene a specific piracy happen in other areas instead of high seas?
Somalia situation provides us an example. If one state has no consent to exercise jurisdiction over the related situations, or has no ability to exercise its jurisdiction, the international community can do something to deal with the issue:

第八章Air space and outer space

Air space and outer space

●8.1Air space and outer space

Chapter 8 Air space and outer space

第九章Human rights

Human rights

●9.1Human Rights

Chapter 9 Human Rights

●9.2Human rights on the universal level

Recent days, human rights protection of region level has developed a lot especially in Europe. In European Convention for the Protection of Human Rights and Fundamental freedoms, many rules have been created. This convention is legal binding for all the state parties, and it has enforcement machinery. Also, it has special protection on individual property. With the development, European convention has changed from semi-judicial to total judicial.

●9.3Human rights on the regional level

U.N. Charter has shown its attitude toward human rights: it respect human rights and fundamental freedoms for all without any distinction. However these articles are weak and without any enforcement mechanism. All, includes the three generations of human rights in the history.

●9.4Right of humanitarian intervention

Recent years, there are many practices of humanitarian intervention, especially committed by European powers. While there exists another basic principle in international society: non-interference principle. Do they conflict with each other? How should we deal with this kind of issue? And how to define humanitarian violation? These questions are crucial.

第十章Treaties

Treaties

●10.1Treaties

Chapter 10 Treaties

●10.2The amendment and modification of treaties

The circumstances under which the treaty was signed are likely to evolve and change in future practice, resulting in the provisions of the treaty itself not being accurately adapted to its original intention. In this case, it is necessary to revise and supplement the treaty. International treaty law provides for such changes to treaties.

●10.3Treaty interpretation

As we all know, the regulations need to be interpreted in judicial practice. But how should we interpret a treaty? Vienna Convention of the Law of Treaties has provides us some methods. Firstly, we should interpret a treaty in good faith in accordance with the ordinary meaning, and then we should comprise the context of the purpose and so on. But is there hierarchy in these methods? When there are conflicts among these methods, which one shall derogate?

●10.4Invalid treaties - Circumstances

Contracts can be invalid in some specific situations, and so does treaties. Treaties will be invalid in these situations: if it is entered in to by persons who are not authorized states, or it breaches the specific restrictions on authority to express the consent of a state, or it conflicts with jus cogens, or it is entered into by coercion. Only when a treaty entered into without these four situations, can a treaty be a valid one.

●10.5Termination of treaties - circumstance

Since we have talked about the interpretation and invalidy of treaties, we come to the end or the termination of treaties. In what circumstances will the treaties end its force? Is it similar to the termination of contracts of civil law in domestic law system? Vienna Convention can give us some instructions.

第十一章Diplomacy

Diplomacy

●11.1Diplomacy

Diplomacy has played an important role in international relations and is more and more important recently. Diplomacy promotes communication between national and international political entities leaders, and without the communication there could be no international society. Then what are the specific and fundamental functions in diplomacy?

●11.2Functions of diplomacy

Functions of diplomacy

●11.3 Diplomatic immunity: immunity from the jurisdiction of the courts

Due to the special status of ambassadors, they can enjoy immunity of jurisdiction of another state. Not only civil jurisdiction but also criminal jurisdiction. While the immunity for criminals are absolute,but for civil and administrative are not absolute.The reason is rooted in the nature and punishment mechanism of criminal cases and civil or administrative cases. Is the sending state responsible for the civil or administrative conducts of diplomat in reality? Maybe there should be two kinds of situations.

●11.4Diplomatic immunity

Diplomatic immunity is a form of legal immunity that ensures diplomats are given safe passage and are considered not susceptible to lawsuit or prosecution under the host country's laws, although they can still be expelled. It was agreed as international law in the Vienna Convention on Diplomatic Relations (1961), though the concept and custom have a much longer history.

●11.5Consular immunity

Consular immunity privileges are described in the Vienna Convention on Consular Relations of 1963 (VCCR). Consular immunity offers protections similar to diplomatic immunity, but these protections are not as extensive, given the functional differences between consular and diplomatic officers.

●11.6Waiver of immunity

How can a state waive its immunity? Both implicitly waiver explicitly waive are applicable. But what kinds of actions can be deemed as implicit waiver of immunity? And what are the consequences of waiver of immunity of a state?

第十二章Economy

Economy

●12.1Economy

What is international economic law? How shall we understand this term? How many kinds of understandings are there in international society toward this term? While there are three different understandings of international economic law. Each has different definition and different scope of international economic law.

●12.2The concept of international economic law

The concept of international economic law

●12.3The Bretton Woods system and international economic organizations

The Bretton Woods system of monetary management established the rules for commercial and financial relations among the United States, Canada, Western Europe countries, Australia, and Japan after the 1944 Bretton Woods Agreement. The Bretton Woods system was the first example of a fully negotiated monetary order intended to govern monetary relations among independent states. The chief features of the Bretton Woods system were an obligation for each country to adopt a monetary policy that maintained its external exchange rates within 1 percent by tying its currency to gold and the ability of the IMF to bridge temporary imbalances of payments. Also, there was a need to address the lack of cooperation among other countries and to prevent competitive devaluation of the currencies as well

●12.4The International Monetary Fund (IMF)

After the world war, there was a Bretton woods system, and this system actually has two parts:the first issue is international monetary. It linked all that money of each state to U.S. Dollar and lined the U.S. Dollar to gold. And the second issue is that it meant to establish a liberal system of international economy, and there emerged IMF, GATT and also the successor of WTO. Is this system still operating in modern society? We may go back to the history and analyze it with states` practice.

●12.5The World Bank

World Band was established in 1944 in the Bretton Woods. It provides needed capital an technical assistance to needed states and prohibits the political activities. The initial aim of WB was to benefit European states but by and by the developing countries try to get some benefits form the WB system also. So, what status does WB hold in modern society?

●12.6From the GATT to the WTO

WTO is one of the most important and most influential international organization in the world today. It is the successor of GATT . GATT emerged as a surprise gift though the attempt to establish a international trade organization, the ITO, failed. GATT is a series of agreements based on states` consents. And generally in Uruguay round, agreement reached, a new international trade organization was established.

●12.7The new World Trade Organization

After the establishment of WTO, the members have never stopped to look for an opportunity to begin a new round of negotiation on trade issues. They tried to settle some problems in texitile and argriculture goods. Though this process is not smooth at all, in Bali conference, the ministers had reached several agreements.

●12.8NIEO

The New International Economic Order ever advocated in the past years but not recently. What is the reason behind this kind of phenomenon? Why do some states make more efforts to advocate multilateral agreements of regional level instead of world level? Why they resort to other systems instead of WTO?

●12.9Expropriation and standard of compensation

In what circumstance can a state apply expropriation? Are there any standards for expropriation? What are the state practices on this issue? There are at least four requirements, that are: aim of the expropriation should for the public interest, the process should be legal, non-discrimination, and the last one: Compensation is reasonable degree. While, the specific standard of compensation is still in controversy.

●12.10Disguised expropriation

What is disguised expropriation? In modern international law, there is no recognition on disguised expropriation. The criteria to value whether a expropriation is unlawful is that whether the conduct touches the basic interest of the foreign investors. Whatever the reason is, and whatever the nation is, the conduct shall be regarded as disguised expropriation.

●12.11The right to development

What is the so-called "right to development"? What`s the background of this kind of right? What`s the significance of this kind of right? While the right to development is always defined as one of the third generation of human rights. This kind of human right not only related to individuals but also to collectives. It means that all the individuals and also the groups have the opportunity to develop themselves fully, not just in economic sense but also in the meaning of social and culture.

第十三章Armed Conflicts

Armed Conflicts

●13.1Armed Conflicts

If we look back to the history of international law, we can see there is a trend from the use of force to diplomacy, and then form diplomacy to law. How to distinguish legal wars form illegal wars? It is very hard to distinguish. Generally, the international community just recognizes the winner should judge the nature of the war.

●13.2Lawful and unlawful wars

Lawful and unlawful wars

●13.3The prohibition of the use of force in the United Nations Charter

What`s the consequence of war? As we have seen from history, war brings about casualties and wars are real catastrophe in human history. With the development of methods of war, unclear weapons are also used in modern war. This kind of method brings about not only casualties but also pollution of the environment.

●13.4Exception

Self-determination is an exception to the principle of the prohibition of the use of force in U.N. Charter. Is preemptive self-defense legal or not? Is there any rule toward preemptive self-defense? What is collective self-defense?

●13.5Self-determination and the use of force

Self-determination is explicitly mentioned in the U.N. Charter in aritle 1, and implicitly referred to in article 73 and 76. Whether the ethnic groups inside one state can be regarded as "people"? What`s the meaning of self-determination in different periods of time in the history?

●13.6Lawful and unlawful means of waging war--nuclear weapons

With the development of modern technology, new weapons also developed a lot. Chemical weapons and nuclear weapons are used in wars. International law and domestic law are not changing so fast, while the international society and domestic society change very fast. Do we need to change the law to match the change of the society? Do we think we should have some principles which may be used to applied with the change of the international or domestic society? How can we protect civilians and also, civilian objects in modern wars?

●13.7Rules governing the conduct of civil wars

Recently in international community, there are lots of civil wars. In the old days, humanitarian law could only be used in the armed conflicts of international character. But by and by, the international law develops, so today there are some rules related to non-international armed conflicts. As we know, the Geneva Conventions and two protocol to this convention is the general rules of armed conflict. And international society pays more and more attentions to domestic conflicts.

●13.8War crimes trials

According to article 12 of the Rome Statute, International Criminal Court has the jurisdiction like the universal jurisdiction actually, states which are not the parties of this Statute may involved in ICC. While, the jurisdiction of universal character is the jurisdiction by a state. Whether the jurisdiction of ICC conflicts with the state sovereignty?

第十四章Environment

Environment

●14.1Environment

International environment law is a law developed recently, with the natural environment become worse and worse. From the 1970s, the international community began to work on international cooperation to face with this kind of environmental problems and create some international treaties and conventions.

●14.2Development of environmental protection

Development of environmental protection

●14.3The scope and nature of international environmental law

What is the scope of international environment law? And what is the nature of international environment law? Since international environmental law is a newly developed area of international law, most of the legal rules are the so-called soft law. In this fields, international society just ask states to take care of the environment. Whether we have hard laws in this field?

●14.4Customary law and general principles

Besides the general principles of international law, there are also some specific principles of international environment law, that are: principles of prevention, common but differentiated responsibilities principle and sustainable development principle. Are these principles the principles stipulated in article 38 of Statute of ICJ? Or these are just customs? However, we should differentiate more on the nature of rules or principles as soft or hard instead of principles or non-principles.

●14.5The Rio Declaration and Agenda 21

Rio Declaration contains references to common but differentiated principles. Then, what is the concept of this principle? How should we understand it? There is another instrument called "agenda 21", which is made in the U.N. conferences on economic and environment on 1992 Rio conferences. These kinds of declarations are soft law, without any binding force. But states would like to regard them as a direction for their behaviors.

第十五章State responsibility

State responsibility

●15.1State Responsibility

When we talk about the treatment of aliens, we come to the term:" international minimum standard". Then, how should we understand this term? What kind of states usually call for this standard? What`s the states aim to call for this standard?

●15.2The treatment of aliens

The treatment of aliens

●15.3Imputability

A state is liable only for its own acts. Thus the immutability is crucial in international cases. Whether the subject elements shall be taken into consideration? While in reality, the intent of a state is not only difficult to find but also not necessary. Thus, if a state has some activities which violate international law and cause consequences, also, immutability exists, the state shall be liable for these illegal conducts.

●15.4Nationality of claims

What are the ways to acquire a state`s nationality? By birth, by marriage, by adoption or legitimating, by naturalization and transfer of territory can make a person acquire a nationality. Then how can a person lose his or her nationality? Does state have the obligation to protect its people? While, diplomatic protection is based on the political consideration.

●15.5Exhaustion of local remedies

An injured individual or company can sue the state only after the exhaustion of local remedies. What are the basic jurisprudence behind this basic rule? Are there any exceptions of this basic rule, means, is what circumstance can a injured person or company sue a state without exhaustion of local remedies. But what specific requirements are needed?

●15.6Unreasonable delay and improper behaviour by the injured alien

States have the right to defend its citizens. While there are exceptions. One state can punish the citizens of another state, if that person has committed something wrong or violated the domestic law of that state, and the state of which the person is a nationality, can not bring up a law suit against the other state. This is the famous principle called "clean hands" principle. While, it is the territorial jurisdiction of a state to punish any crimes happen inside its territory, the state shall always punish crimes in a proper way, within the proportionality principle.

●15.7Consequences of an internationally wrongful act

What are international crimes? What are transnational crimes? What`s the differences between these two terms? What are international wrongful acts? What are the differences between international wrongful acts and international crimes? How should we understand these terms?

●15.8Countermeasures and dispute settlement

What is countermeasure? What are the substantial requirements of countermeasure? What kinds of countermeasures are legal in international legal system? Are there any procedural requirements? Who has the right to take countermeasures? All these questions have definite answers.

第十六章Peaceful settlement of disputes between states

Peaceful settlement of disputes between states

●16.1Peaceful settlement and disputes between states

The vast majority of disputes between states are settled by direct diplomatic negotiations. Negotiations are the most satisfactory means to resolve disputes. In some certain circumstances there is a "duty" to enter into negotiations. Are these rules the real obligations? What`s the significance to stipulate these rules?

●16.2Diplomatic methods of dispute settlement--Negotiations

In the settlement of international disputes, fact-finding and inquiry are two important means. Fact finding means that actor should try to get the facts by themselves. Inquiry actually means that the actors just get the witnesses and make some interviews and get the realities. The using of fact finding and inquiry are in two categories, the first one is that the two parties in disputes have already get an agreement on how to settle their disputes, and the second one is that the parties in dispute are not really agreeable on who has done something wrong.

●16.3Diplomatic methods of dispute settlement-finding and inquiry

Diplomatic methods of dispute settlement-finding and inquiry

●16.4Conciliation

Conciliation and arbitration are two kinds of settlements of international disputes. What`s the relationship and difference between these two kinds of methods? We can say that conciliation is a part of arbitration, conciliation may include arbitration. These two methods are alike but different. For conciliation, the parties are states. While for arbitration, the parties are states and arbitrator. Arbitration is more formal than conciliation.

●16.5Legal methods of dispute settlement- Adjudication -ICJ

The International Court of Justice is the principal judicial organ of the United Nations. It settles legal disputes between member states and gives advisory opinions to authorized UN organs and specialized agencies. It comprises a panel of 15 judges elected by the General Assembly and Security Council for nine-year terms. It is seated in the Peace Palace in The Hague, Netherlands.