Brownlie's Principles of Public International Law

Citation

Crawford, J. (2019). Brownlie's Principles of Public International Law (9th ed.). Oxford University Press.

Chapter Summary

The ninth edition runs to 785 pages, with thirty-three chapters in eleven parts, and carries the name of its original author, Ian Brownlie, in the title. Oxford University Press describes it as a single-volume introduction to the field as a whole and one of the classic treatises on international law, with extensive references as a foundation for further research. The book opens with a preface and a note on what is new in the edition, followed by tables of treaties, legislation and cases, a list of abbreviations and a glossary. The parts and chapters below follow the table of contents.

Part I, Chapters 1–3: Preliminary Topics

The first part (pp. 1–102) covers "Introduction", "The sources of international law" and "The relations of international and national law". It sets out what international law is, where its rules come from, and how it connects with domestic legal systems.

Part II, Chapters 4–7: Personality and Recognition

Four chapters ask who counts in the system: "Subjects of international law", "Creation and incidence of statehood", "Recognition of states and governments" and "International organizations".

Part III, Chapters 8–10: Territorial Sovereignty

The third part, about fifty pages, comprises "Forms of governmental authority over territory", "Acquisition and transfer of territorial sovereignty" and "Status of territory: further problems".

Part IV, Chapters 11–13: Law of the Sea

The three chapters of the fourth part are "The territorial sea and other maritime zones", "Maritime delimitation and associated questions" and "Maritime transit and the regime of the high seas".

Part V, Chapters 14–15: The Environment and Natural Resources

The short fifth part has two chapters: "Common spaces and co-operation in the use of natural resources" and "Legal aspects of the protection of the environment".

Part VI, Chapters 16–19: International Transactions

Four chapters on "The law of treaties", "Diplomatic and consular relations", "Unilateral acts, acquiescence, and estoppel" and "Succession to rights and duties".

Part VII, Chapters 20–22: State Jurisdiction

The seventh part comprises "Sovereignty and equality of states", "Jurisdictional competence" and "Privileges and immunities of foreign states".

Part VIII, Chapters 23–24: Nationality and Related Concepts

Two chapters, "The relations of nationality" and "Nationality of corporations and assets".

Part IX, Chapters 25–27: The Law of Responsibility

The ninth part sets out "The conditions for international responsibility", "Consequences of an internationally wrongful act" and "Multilateral public order and issues of responsibility". The Google Books record of the edition's frequent terms includes the ILC's Articles on State Responsibility and peremptory norms.

Part X, Chapters 28–30: The Protection of Individuals and Groups

The tenth part includes "The international minimum standard: diplomatic protection and protection of investments", "International human rights" and "International criminal justice".

Part XI, Chapters 31–33: Disputes

The final part covers "The claims process", "Third-party settlement of international disputes" and "Use of threat of force by states".

Key Concepts

Parts I–II: Sources, national law and personality

• Sources of international law: the subject of chapter 2.
• Statehood and recognition: how states come into being and how states and governments are recognised.
• International organizations: their place among the subjects of the system.

Parts III–V: Territory, sea and environment

• Territorial sovereignty: forms of authority over territory, and its acquisition and transfer.
• Maritime zones and delimitation: the territorial sea, other zones and the regime of the high seas.
• Environmental protection: the legal aspects treated in chapter 15.

Parts VI–VIII: Transactions, jurisdiction and nationality

• Law of treaties: the rules governing agreements between states.
• Jurisdictional competence and immunities: the reach of state power and the privileges of foreign states.
• Nationality: its relations, and the nationality of corporations and assets.

Parts IX–XI: Responsibility, individuals and disputes

• International responsibility: the conditions and consequences of an internationally wrongful act.
• Diplomatic protection, human rights and international criminal justice: the protection of individuals and groups.
• Settlement of disputes and the use of force: the claims process, third-party settlement and the threat of force.

Critical Analysis

Strengths

• A single-volume treatment of the whole field. The eleven parts range from sources to disputes, so a reader can follow a topic from its basics to its practical application in one book.
• Extensive references. The publisher stresses that the references provide a solid foundation for further research, and the lists of treaties, legislation and cases are long.
• Authorship. The ninth edition is by James Crawford, a Judge of the International Court of Justice and formerly Whewell Professor of International Law at Cambridge, continuing the work of Ian Brownlie.
• Logical sequence. The sequence from sources and personality, through territory, sea and jurisdiction, to responsibility, individuals and dispute settlement, moves from foundations to application.

Limitations

• Density and level. It is a treatise of 785 pages, with the tables and apparatus of a reference work, so it is demanding for a reader meeting the subject for the first time.
• Reference character. The book states the law with close reference to cases and state practice, rather than arguing a thesis, so it will not by itself supply a critical or theoretical account of the field.
• Edition dating. The edition is from 2019, and developments since then in cases and practice need a current source.
• Short parts. Several parts, such as Part V on the environment, have only two or three chapters, so a student with a special interest in them will need to supplement the book.

Where It Fits in the Course

The public international law group has books at different levels. Lowe's International Law: A Very Short Introduction is the briefest entry point, and Akehurst's Modern Introduction to International Law, now revised by Orakhelashvili, is a compact introductory textbook. Shaw's International Law is a comprehensive textbook with extensive citation of cases, treaties and practice, and Evans's International Law is an edited textbook with each chapter written by a specialist. Koskenniemi's From Apology to Utopia is a study of the structure of international legal argument.

Brownlie is the single-volume treatise that one reaches for after a course and a textbook. It overlaps with Shaw in its comprehensive coverage and use of authorities, and where the textbooks guide a student through the subject, Brownlie is the one for checking a point against the cases and practice. Koskenniemi is a different kind of book: it asks how international legal argument works, while Brownlie states what the law is, so they are best read as companions.

How to Use This Book

It is for readers who have completed a first course in public international law, or have a strong background in public law, and who need a precise and authoritative statement of the law, such as advanced undergraduates, graduate students and practitioners.

A practical plan:

• Start with Part I. The chapters on sources and on international and national law frame everything else.
• Then choose by course topic. Use Parts II, III and VII for statehood, territory and jurisdiction, Part IV for the law of the sea, Part IX for responsibility, and Part X for human rights and criminal justice.
• Read Part XI last for dispute settlement and the use of force.
• Use the tables and references to trace treaties and cases cited, and the glossary for unfamiliar terms.
• Pair it with a textbook for a first pass through a topic, and check later developments in a current source.