Examining the fulfilment of international obligations by subjects of this law, this book explores the normative and functional links between the sources and rules of international law on the one hand, and the responsibility for violating international law on the other.
In the sphere of law-making, the theory of obligations allows for a more precise and considered formulation of international obligations. It has the potential to enable subjects of international law to behave more rationally, allowing deeper reflection on whether to take on obligations and how to properly perform them. This book proposes a new approach to the issue of the proper operation of international law, with the theory of obligations at its heart. Linking the institutions and concepts of international law into a rational whole, the book offers an analysis of the operation of international law and the behaviour of its subjects to develop a framework for ensuring the ultimate effectiveness of international law. Analysing sources of law including treaties and common law, alongside the resolutions of international organisations, this book demonstrates the practical application of the subject with reference to the jurisprudence of international courts and other bodies.
The volume will be of interest to scholars, students, and practitioners concerned with international law – its creation, performance, application, compliance, and enforcement.
Preface viii
List of abbreviations xi
1 The theory of international obligations: methodological issues 1
2 Sources of international obligations 51
3 The concept and structure of the obligation in international law 114
4 Types of international obligations 158
5 Freedom to incur obligations in international law 266
6 The fulfilment of obligations under international law: notion, principles, and standards 357
7 Feasibility and conditions of fulfilling international obligations: compliance, management, and enforcement of international obligations 472
8 Stability and continuity of fulfilment of international obligations 514
Conclusions 576
Index 579
Biography
Cezary Mik is Professor of Law, Head of the Chair of International and European Law at Cardinal Stefan Wyszyński University in Warsaw (Poland). He specialises in the theory of international law, law of treaties, human rights, the law of the sea, and the international law aspects of EU law. He is also interested in the influence of processes of internationalisation, integration, globalisation on states, the international community, and international law. Author of more than 200 publications, he is included in the list of arbitrators of the Permanent Court of Arbitration and the list of conciliators and arbitrators of UNCLOS. He is the editor-in-chief of Polish Review of International and European Law.
