This chapter considers how resort to the use of force is addressed in the UN Charter, with particular reference to self-defence, including collective self-defence, and anticipatory self-defence. The contemporary right of self-defence is also assessed in light of the rise and influence of non-State actors. United Nations-sanctioned use of force is considered, with particular reference to the mechanisms that exist in Chapter VII of the UN Charter. The use of force by invitation, humanitarian intervention and the 'responsibility to protect' are also considered.

Jurisdiction refers to the ability of a State to make and enforce its laws. While often related to sovereignty, and intrinsically linked to its territory, jurisdiction can exist without a connection to territory. Jurisdiction can be held to exist in a variety of contexts, depending on the location of events, the nationality of participants or the surrounding circumstances, and will also indicate whether a State may be able to undertake enforcement action to uphold its law. This chapter considers the nature of jurisdiction insofar as it affects persons, corporations, ships and aircraft. The different types of recognised international law jurisdiction are each assessed, including territorial jurisdiction, nationality jurisdiction, universal jurisdiction, the protective principle, and passive personality jurisdiction. Jurisdictional immunities as they apply to States, Heads of States, State officials and diplomats are also considered.

International trade law is a subset of public international law and consists of the rules governing trade between nations. Historically this area of law was primarily concerned with trade in goods, but now includes trade in services (effectively the cross-border supply and consumption of services) and trade in intellectual property. International trade law has relevance to other fields of international economic law, including investment law. However, the focus of this chapter is on trade law as conducted under the auspices of the World Trade Organization (WTO), an organisation that commenced on 1 January 1995. This chapter briefly introduces these concepts, and then explains the current structure of the WTO. It then covers the core disciplines of the General Agreement on Tariffs and Trade 1994 and the main exceptions to these disciplines, before turning to the safeguards, dumping and subsidies regimes. The chapter then introduces the two agreements that cover regulatory standards at the WTO, and finally provides an overview of the General Agreement on Trade in Services.

This chapter considers the various means and methods for the peaceful settlement of international disputes as envisaged under the UN Charter and associated mechanisms. The key provisions of the UN Charter are considered, followed by an assessment of various methods of dispute settlement: negotiation, enquiry, mediation and conciliation, arbitration and adjudication. Given its significance to international law, particular attention is given to the ICJ and its jurisdiction in contentious cases and to deliver advisory opinions. The relationship between the ICJ and the Security Council is assessed, as are trends in dispute settlement.

A central feature of the international legal system is that States are the predominant actors within the system and possess international legal personality. States are able to enter into legal relations with each other by way of treaties, possess certain international legal rights as bestowed under international law, and are capable of enforcing those legal rights in international litigation or of being the subject of a claim if they are derelict in meeting their international legal obligations. This raises two important issues. First, how are 'States' characterised and recognised under international law? Second, are States the only international actors that possess international legal personality? This chapter first consides the characteristics of statehood and the legal tests for recognition of a State. Next, the political and legal dimensions of recognition of a State are considered. This is followed by a focus on the international legal personality of non-State actors, including international organisations, individuals and transnational corporations. Finally, the related issues of peoples and their right to self-determination, and secession are considered.

International environmental law provides a useful example of a rapidly developing field of international law, and demonstrates some of the difficulties involved in resolving modern global problems within the traditional legal framework. The environment did not feature in the Charter of the United Nations and none of the constituent bodies of the United Nations was expressly given an environmental mandate. Since the 1960s, however, and reflecting a similar trend in Australian domestic law, we can trace a steady growth in international law concerned with environmental issues. Early developments primarily focussed on particular instances of harm, resulting in international agreements that deal with a single issue such as the prevention of one type of pollution or protection of a particular wildlife species. As truly global problems became apparent - for example, depletion of the ozone layer, and global warming - the international community has developed agreements that are broader and more strategic in their approach.

A number of factors must be considered when reflecting on State responsibility and they are assessed in this chapter. First, what constitutes an internationally wrongful act for which a State may be responsible? Second, what conduct may be attributed to the State? Third, what reparation must a State make in the event it is held responsible for a wrongful act? Fourth, what defences might be available to a State that would preclude a finding of wrongfulness? Related issues such as diplomatic protection, nationality of claims, and the exhaustion of local remedies are also considered in this chapter.

The idea of sovereignty over territory is fundamental to international law. No State can exist without land, and thus the ways in which land can be acquired and retained are concerns of great importance for States. Many international disputes involve land, and are intrinsically bound up with land, and relative to the use of land, so as an issue, sovereignty sits at the heart of international relations as well as international law. This chapter begins by assessing occupation and acquiescence, and then turns to review the distinctive issue for Australia of terra nullius and indigenous rights. The significance of each of critical date, discovery and accretion is reviewed. Postcolonial critiques regarding sovereignty over territory are considered, as are distinctive issues associated with sovereignty over Antarctica and the principle of common heritage.

While the international law frameworks regulating the relations between States are relatively well developed, the role of international law at a municipal level is equally important. This can be illustrated in various ways. This chapter assesses the role of international law in municipal law; this includes a review of theoretical perspectives as reflected in the so-called monism-dualism debate, and a consideration of how the 'transformation' and 'incorporation' approaches have been dealt with by the courts. The chapter then examines the relationship between Australian law and international law, starting with an assessment of Australia's international personality; this is followed by a review of treaty-making in Australia, and the position taken by Australian courts on some of these matters. We then consider the impact of customary international law upon the common law, with particular reference to Australia. Following is a discussion of the relationship between treaties and municipal law, taking account of basic principles, implementation of treaties and the role of the courts. The chapter concludes with a review of constitutional and legislative options.

International law is a system of rules, institutions and practices that govern the relations of States with one another. It is designed to distribute resources and solve problems that States identify as relevant for creating order in the world. In a world without a centralised government States use international law and its institutions to generate solutions for emerging and complex issues and problems, such as climate change and terrorism. The effectiveness of international law is often called into question when it fails to stop certain kinds of activities that appear abhorrent to most people from around the world. However, it also manages to resolve and address issues and challenges that would otherwise get ignored without international cooperation. A lot of international law is designed to meaningfully contribute to establishing order. States also use it to legitimise disruptions to global relations.

This chapter considers examples of State enforcement of international law, including in cases of war crimes and genocide. It then assesses collective enforcement under mechanisms provided for in the UN Charter, giving particular consideration to UN sanctions, including Australian law and policy approaches giving effect to sanctions, and peacekeeping.

The international law of the sea has developed over many hundreds of years. Modern principles can be traced back to the 17th-century debates between scholars such as Grotius and Selden over whether or not nations had the right to control areas of the ocean. At that time, nations were primarily concerned over access to fishing grounds and trading routes; today the international law of the sea has importance for a large range of diverse maritime interests relating to security, international trade, communications, scientific research, seabed minerals, human rights, climate change, fishing, biodiversity conservation and more. The law of the sea is today dominated by the monumental 1982 United Nations Convention on the Law of the Sea (LOSC). Much of the content of the LOSC represents customary international law and the legal regime for the oceans continues to evolve in response to emerging issues.