The past two hundred years have seen the transformation of public international law from a rule-based extrusion of diplomacy into a fully-fledged legal system. Landmark Cases in Public International Law examines decisions that have contributed to the development of international law into an integrated whole, whilst also creating specialised sub-systems that stand alone as units of analysis. The significance of these decisions is not taken for granted, with contributors critically interrogating the cases to determine if their reputation as `landmarks' is deserved. Emphasis is also placed on seeing each case as a diplomatic artefact, highlighting that international law, while unquestionably a legal system, remains reliant on the practice and consent of states as the prime movers of development.
The cases selected cover a broad range of subject areas including state immunity, human rights, the environment, trade and investment, international organisations, international courts and tribunals, the laws of war, international crimes, and the interface between international and municipal legal systems. A wide array of international and domestic courts are also considered, from the International Court of Justice to the European Court of Human Rights, World Trade Organization Appellate Body, US Supreme Court and other adjudicative bodies. The result is a three-dimensional picture of international law: what it was, what it is, and what it might yet become.
Eirik Bjorge is Senior Lecturer in Public International Law in the University of Bristol Law School. Cameron Miles is a barrister of Gray's Inn, practising from 3 Verulam Buildings in London.
1. Introduction Eirik Bjorge and Cameron Miles 2. The Charming Betsy and The Paquete Habana (1804 and 1900) William S Dodge 3. Mavrommatis Palestine Concessions (Greece v Great Britain) (1924-27) Michael Waibel 4. Factory at Chorzow (Germany v Poland) (1927-28) Chester Brown 5. SS Lotus (France v Turkey) (1927) Douglas Guilfoyle 6. Island of Palmas (Netherlands v United States of America) (1928) Eirik Bjorge 7. Legal Status of Eastern Greenland (Denmark v Norway) (1933) Rolf Einar Fife 8. Trail Smelter (United States of America/Canada) (1938 and 1941) Duncan French 9. Trial Before the International Military Tribunal at Nuremberg (1945-46) Katherine O'Byrne and Philippe Sands 10. The Early United Nations Advisory Opinions (1948-62) Thomas D Grant and Rowan Nicholson 11. The South West Africa Cases (1949 to 1971) James Crawford and Paul Mertenskoetter 12. North Sea Continental Shelf (Federal Republic of Germany v Netherlands; Federal Republic of Germany v Denmark) (1969) Nikiforos Panagis and Antonios Tzanakopoulos 13. Barcelona Traction, Light and Power Company (Belgium v Spain) (1970) Giorgio Gaja 14. Tyrer v United Kingdom (1978) Nigel Rodley 15. Military and Paramilitary Activities in and against Nicaragua (Nicaragua v United States of America) (1984 to 1986) Robert Kolb 16. Tadic v Prosecutor (1995) Sarah MH Nouwen and Michael A Becker 17. The Nuclear Weapons Advisory Opinions (1996) Surabhi Ranganathan 18. Gabcikovo-Nagymaros Project (Hungary/Slovakia) (1997) Laurence Boisson de Chazournes and Makane Moise Mbengue 19. Vivendi v Argentina (1997-2010) Sam Luttrell 20. US-Import Prohibition of Certain Shrimp and Shrimp Products (1998) Callum Musto and Catherine Redgwell 21. LaGrand (Germany v United States of America) (2001) Cameron Miles 22. Legal Consequences of the Construction of a Wall in the Occupied Palestinian Territory (2004) John Dugard 23. Jurisdictional Immunities of the State (Germany v Italy;Greece intervening) (2012) Omri Sender and Michael Wood