1
,INTERNATIONAL LAW
Hennie Strydom (Editor)
Christopher Gevers
Laurence Juma
Gerhard Kemp
Oliver C. Ruppel
Werner Scholtz
Frans Viljoen
Patrick Vrancken
2
, Oxford University Press is a department of the University of Oxford. It furthers the University’s objective of excellence in
research, scholarship, and education by publishing worldwide. Oxford is a registered trade mark of Oxford University Press
in the UK and in certain other countries.
Published in South Africa by
Oxford University Press Southern Africa (Pty) Limited
Vasco Boulevard, Goodwood, N1 City, Cape Town, South Africa, 7460
P O Box 12119, N1 City, Cape Town, South Africa, 7463
© Oxford University Press Southern Africa (Pty) Ltd 2016
The moral rights of the authors have been asserted.
First published 2016
All rights reserved. No part of this publication may be reproduced, stored in a retrieval system, or transmitted, in any form
or by any means, without the prior permission in writing of Oxford University Press Southern Africa (Pty) Ltd, or as
expressly permitted by law, by licence, or under terms agreed with the appropriate reprographic rights organisation,
DALRO, The Dramatic, Artistic and Literary Rights Organisation at . Enquiries concerning reproduction
outside the scope of the above should be sent to the Rights Department, Oxford University Press Southern Africa (Pty) Ltd,
at the above address.
You must not circulate this work in any other form
and you must impose this same condition on any acquirer.
International Law
Print ISBN: 978-0-199050-15-4
ePUB ISBN: 978-0-190420-06-2
First impression 2016
Typeset in Utopia Std 9.5 pt on 12 pt
Acknowledgements
Publisher: Penny Lane Development editor: Victoria Truter
Project manager: Marguerite Lithgow
Copy editor: Helena Janisch
Indexer: Clifford Perusset
Cover production by: Janine Damon
The authors and publisher gratefully acknowledge permission to reproduce copyright material in this book. Every effort has
been made to trace copyright holders, but if any copyright infringements have been made, the publisher would be grateful
for information that would enable any omissions or errors to be corrected in subsequent impressions.
Links to third party websites are provided by Oxford in good faith and for information only. Oxford disclaims any
responsibility for the materials contained in any third party website referenced in this work.
For Matty, Clea, and Jessica
(15 August 1995 – 19 March 2015) who took her
life to another universe during the final
phases of this book
Hennie Strydom
3
, Contents in brief
PART ONE INTERSTATE RELATIONS: ORIGINS, DEVELOPMENT
AND INTERNATIONAL LAW MAKING
CHAPTER 1 DEFINING EPOCHS
CHAPTER 2 STATEHOOD AND RECOGNITION
CHAPTER 3 INTERNATIONAL LAW MAKING AS AN ATTRIBUTE OF
STATE SOVEREIGNTY
PART TWO FOUNDATIONAL PRINCIPLES AND ENFORCEMENT OF
INTERNATIONAL LAW
CHAPTER 4 THE FUNDAMENTAL PRINCIPLES OF THE
INTERNATIONAL LEGAL ORDER
CHAPTER 5 MAINTAINING INTERNATIONAL PEACE AND SECURITY:
THE ENFORCEMENT OF INTERNATIONAL LAW
PART THREE JURISDICTION AND CONTROL OVER TERRITORY
AND PERSONS
CHAPTER 6 JURISDICTION OF STATES
CHAPTER 7 TREATMENT OF ALIENS
CHAPTER 8 EXTRADITION AND DEPORTATION
CHAPTER 9 REFUGEES
CHAPTER 10 DIPLOMATIC PRIVILEGES AND IMMUNITIES
PART FOUR THE INTERNATIONAL LAW OF HUMAN SECURITY
INTRODUCTION
CHAPTER 11 INTERNATIONAL PROTECTION OF HUMAN RIGHTS
CHAPTER 12 INTERNATIONAL HUMANITARIAN LAW
CHAPTER 13 INTERNATIONAL CRIMINAL LAW
CHAPTER 14 INTERNATIONAL TRADE AND SUSTAINABLE
DEVELOPMENT
CHAPTER 15 PROTECTION OF INTERNATIONAL INVESTMENTS:
SELECTED CONTEMPORARY ASPECTS
CHAPTER 16 LEGAL PROTECTION OF THE ENVIRONMENT
4
,INTERNATIONAL LAW
Hennie Strydom (Editor)
Christopher Gevers
Laurence Juma
Gerhard Kemp
Oliver C. Ruppel
Werner Scholtz
Frans Viljoen
Patrick Vrancken
2
, Oxford University Press is a department of the University of Oxford. It furthers the University’s objective of excellence in
research, scholarship, and education by publishing worldwide. Oxford is a registered trade mark of Oxford University Press
in the UK and in certain other countries.
Published in South Africa by
Oxford University Press Southern Africa (Pty) Limited
Vasco Boulevard, Goodwood, N1 City, Cape Town, South Africa, 7460
P O Box 12119, N1 City, Cape Town, South Africa, 7463
© Oxford University Press Southern Africa (Pty) Ltd 2016
The moral rights of the authors have been asserted.
First published 2016
All rights reserved. No part of this publication may be reproduced, stored in a retrieval system, or transmitted, in any form
or by any means, without the prior permission in writing of Oxford University Press Southern Africa (Pty) Ltd, or as
expressly permitted by law, by licence, or under terms agreed with the appropriate reprographic rights organisation,
DALRO, The Dramatic, Artistic and Literary Rights Organisation at . Enquiries concerning reproduction
outside the scope of the above should be sent to the Rights Department, Oxford University Press Southern Africa (Pty) Ltd,
at the above address.
You must not circulate this work in any other form
and you must impose this same condition on any acquirer.
International Law
Print ISBN: 978-0-199050-15-4
ePUB ISBN: 978-0-190420-06-2
First impression 2016
Typeset in Utopia Std 9.5 pt on 12 pt
Acknowledgements
Publisher: Penny Lane Development editor: Victoria Truter
Project manager: Marguerite Lithgow
Copy editor: Helena Janisch
Indexer: Clifford Perusset
Cover production by: Janine Damon
The authors and publisher gratefully acknowledge permission to reproduce copyright material in this book. Every effort has
been made to trace copyright holders, but if any copyright infringements have been made, the publisher would be grateful
for information that would enable any omissions or errors to be corrected in subsequent impressions.
Links to third party websites are provided by Oxford in good faith and for information only. Oxford disclaims any
responsibility for the materials contained in any third party website referenced in this work.
For Matty, Clea, and Jessica
(15 August 1995 – 19 March 2015) who took her
life to another universe during the final
phases of this book
Hennie Strydom
3
, Contents in brief
PART ONE INTERSTATE RELATIONS: ORIGINS, DEVELOPMENT
AND INTERNATIONAL LAW MAKING
CHAPTER 1 DEFINING EPOCHS
CHAPTER 2 STATEHOOD AND RECOGNITION
CHAPTER 3 INTERNATIONAL LAW MAKING AS AN ATTRIBUTE OF
STATE SOVEREIGNTY
PART TWO FOUNDATIONAL PRINCIPLES AND ENFORCEMENT OF
INTERNATIONAL LAW
CHAPTER 4 THE FUNDAMENTAL PRINCIPLES OF THE
INTERNATIONAL LEGAL ORDER
CHAPTER 5 MAINTAINING INTERNATIONAL PEACE AND SECURITY:
THE ENFORCEMENT OF INTERNATIONAL LAW
PART THREE JURISDICTION AND CONTROL OVER TERRITORY
AND PERSONS
CHAPTER 6 JURISDICTION OF STATES
CHAPTER 7 TREATMENT OF ALIENS
CHAPTER 8 EXTRADITION AND DEPORTATION
CHAPTER 9 REFUGEES
CHAPTER 10 DIPLOMATIC PRIVILEGES AND IMMUNITIES
PART FOUR THE INTERNATIONAL LAW OF HUMAN SECURITY
INTRODUCTION
CHAPTER 11 INTERNATIONAL PROTECTION OF HUMAN RIGHTS
CHAPTER 12 INTERNATIONAL HUMANITARIAN LAW
CHAPTER 13 INTERNATIONAL CRIMINAL LAW
CHAPTER 14 INTERNATIONAL TRADE AND SUSTAINABLE
DEVELOPMENT
CHAPTER 15 PROTECTION OF INTERNATIONAL INVESTMENTS:
SELECTED CONTEMPORARY ASPECTS
CHAPTER 16 LEGAL PROTECTION OF THE ENVIRONMENT
4
