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International Law and the Reasonable Nee of Governments to Govern Inaugural Lecture, London School of Economics and Political Science 22nd November, 1982

Rosalyn Higgins Dbe Qc

in Themes and Theories

Published in print August 2009 | ISBN: 9780198262350
Published online March 2012 | e-ISBN: 9780191682322 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780198262350.003.0051
International Law and the Reasonable Nee of Governments to Govern Inaugural Lecture, London School of Economics and Political Science 22nd November, 1982

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This chapter argues that international law and national governments are mutually interdependent. Indeed, international law’s appreciation of the reasonable need of governments to govern is part of what we may term the ecological balance of international society. International law is still, of course, largely concerned with sovereign states. States are the most important of the actors in the international legal system, and their sovereignty is at the heart of this system. It is not only in the human rights area that international tribunals — whether interpreting treaties or otherwise — are faced with difficult problems relating to governments’ claims to be allowed to govern without interference. This chapter discusses the role of international treaties and international tribunals, the concept of domestic jurisdiction, the question of international law rights associated with property, the concept of sovereign immunity from jurisdiction, and the act of state doctrine.

Keywords: international law; national governments; sovereignty; human rights; international tribunals; international treaties; domestic jurisdiction; property; sovereign immunity; act of state doctrine

Chapter.  7510 words. 

Subjects: Public International Law

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