The International Law of State ResponsibilityThe International Law of State Responsibility



This highly readable book examines the law of State responsibility, presenting it as a fundamental aspect of public international law.

Author: Robert Kolb

Publisher: Edward Elgar Publishing

ISBN: 9781786434715

Category:

Page: 296

View: 263

This highly readable book examines the law of State responsibility, presenting it as a fundamental aspect of public international law. Covering the key aspects of the topic, it combines a clear overview with use of specific case studies in order to provide a deeper understanding.
Article 55 Lex specialis

State Responsibility in International LawState Responsibility in International Law



In the wake of the adoption by the International Law Commission of a complete set of articles on state responsibility in international law in 2001, this collection assembles a number of essays tracing key debates which have marked the ...

Author: René Provost

Publisher: Routledge

ISBN: 9781351898034

Category:

Page: 608

View: 402

In the wake of the adoption by the International Law Commission of a complete set of articles on state responsibility in international law in 2001, this collection assembles a number of essays tracing key debates which have marked the evolution of this field over the last fifty years. These include explorations of the general theory of state responsibility (link between ’primary’ and ’secondary’ rules, the place of due diligence, the link between liability and wrongfulness), the consequences of an internationally wrongful act (nature of remedies, suitability of countermeasures, third states and the shift from bilateralism to community interests in the law of state responsibility), the debate over criminalizing state responsibility, and the continuing relevance of the law of injuries to aliens. The collection also contains a series of essays offering critical perspectives on state responsibility, including feminist and developing world perspectives. It is completed by an extensive and up-to-date bibliography.

State Responsibility for Interferences with the Freedom of Navigation in Public International LawState Responsibility for Interferences with the Freedom of Navigation in Public International Law



This book analyses all relevant compensation provisions and compares them to the general law of state responsibility.

Author: Philipp Wendel

Publisher: Springer Science & Business Media

ISBN: 9783540743323

Category:

Page: 286

View: 187

Conventions covering the law of the sea contain provisions on compensation for wrongful interferences with navigation, though they are rarely applied. This book analyses all relevant compensation provisions and compares them to the general law of state responsibility. The author discusses such issues as the responsibility of international organizations, liability for lawful conduct, and several and joint liability in public international law.

Complicity and the Law of State ResponsibilityComplicity and the Law of State Responsibility



The book shows that the concept of State complicity is firmly grounded in international law, and that the international rule of law may serve as a conceptual paradigm for today's international legal order.

Author: Helmut Philipp Aust

Publisher: Cambridge University Press

ISBN: 9781139499620

Category:

Page:

View: 869

This systematic analysis of State complicity in international law focuses on the rules of State responsibility. Combining a theoretical perspective on complicity based on the concept of the international rule of law with a thorough analysis of international practice, Helmut Philipp Aust establishes what forms of support for wrongful conduct entail responsibility of complicit States and sheds light on the consequences of complicity in terms of reparation and implementation. Furthermore, he highlights how international law provides for varying degrees of responsibility in cases of complicity, depending on whether peremptory norms have been violated or special subject areas such as the law of collective security are involved. The book shows that the concept of State complicity is firmly grounded in international law, and that the international rule of law may serve as a conceptual paradigm for today's international legal order.

Principles of Shared Responsibility in International LawPrinciples of Shared Responsibility in International Law



This book reviews the ability of current international responsibility law to address situations where multiple actors combine to produce harmful outcomes.

Author: André Nollkaemper

Publisher: Cambridge University Press

ISBN: 9781107078512

Category:

Page: 397

View: 929

The Shared Responsibility in International Law series examines the underexplored problem of allocation of responsibilities among multiple states and other actors. The International Law Commission, in its work on state responsibility and the responsibility of international organisations, recognised that attribution of acts to one state or organisation does not exclude possible attribution of the same act to another state or organisation, but has provided limited guidance on allocation or reparation. From the new perspective of shared responsibility, this volume reviews the main principles of the law of international responsibility as laid down in the Articles on State Responsibility and the Articles on Responsibility of International Organizations, such as attribution of conduct, breach, circumstances precluding wrongfulness and reparation. It explores the potential and limitations of current international law in dealing with questions of shared responsibility in areas such as military operations and international environmental law.

The International Law Commission s Draft Articles on State ResponsibilityThe International Law Commission s Draft Articles on State Responsibility



In the meantime, the articles of Part One, now concentrated for the first time in a single volume, are the major starting point for this work. This volume will be of great value to practitioners, teachers and students of international law.

Author: United Nations. International Law Commission

Publisher: Martinus Nijhoff Publishers

ISBN: 0792311795

Category:

Page: 380

View: 315

This volume contains a consolidated reproduction of Part One (articles 1 to 35) of the Draft Article on State Responsibility and their important Commentaries, prepared by the International Law Commission in the period ending in 1980. These articles deal with the origin of international responsibility, including general principles, the act of State, breach of an international obligation, and circumstances precluding wrongfulness. They were drawn up on the basis of eight reports submitted by the Special Rapporteur, Professor, now Judge Roberto Ago. An introduction written by Shabtai Rosenne traces the history of the official codification of the topic of State Responsibility since the League of Nations first broached the matter in 1924. State Responsibility is central to the daily practice of international law, and its systematic treatment is central to the codification process. The International Law Commission is continuing work on the topic. In the meantime, the articles of Part One, now concentrated for the first time in a single volume, are the major starting point for this work. This volume will be of great value to practitioners, teachers and students of international law. Shabtai Rosenne was a member of the International Law Commission from 1962 to 1971, when the basic decisions regarding the approach to the current phase of the work were taken.

The International Law Commission s Articles on State ResponsibilityThe International Law Commission s Articles on State Responsibility



In 2001 the International Law Commission completed its work on State responsibility, begun 40 years previously.

Author: United Nations. International Law Commission

Publisher:

ISBN: 0521813530

Category:

Page: 387

View: 180

In 2001 the International Law Commission completed its work on State responsibility, begun 40 years previously. The Articles on Responsibility of States for Internationally Wrongful Acts marks a major step in the codification and progressive development of international law, comparable in significance to the Vienna Convention on the Law of Treaties. The Articles cover such topics as attributing conduct to the State; defining when there has been a breach of international law and the excuses or justifications for breaches; reparation for injustices, the invocation of responsibility, especially standing of States in the public interest, and the rules relating to countermeasures. The Articles develop basic concepts of international law, in particular peremptory norms and obligations to the international community as a whole. They signal definitively how international law has moved away from a purely bilateral conception of responsibility to accommodate categories of general public interest (human rights, the environment etc.).

The Law of International ResponsibilityThe Law of International Responsibility



Written by international experts, this book provides an overview of the modern law of international responsibility, both as it applies to states and to international organizations, with a focus on the ILC's work.

Author: James Crawford

Publisher: Oxford University Press

ISBN: 9780199296972

Category:

Page: 1296

View: 496

The law of international responsibility is one of international law's core foundational topics. Written by international experts, this book provides an overview of the modern law of international responsibility, both as it applies to states and to international organizations, with a focus on the ILC's work.

State ResponsibilityState Responsibility



With this book, he provides a detailed analysis of the general law of international responsibility and the place of state responsibility in particular within that framework.

Author: James Crawford

Publisher: Cambridge University Press

ISBN: 9781107276369

Category:

Page:

View: 669

Annexed to GA Resolution 56/83 of 2001, the International Law Commission's Articles on Responsibility for Internationally Wrongful Acts put the international law of responsibility on a sound footing. As Special Rapporteur for the second reading, James Crawford helped steer it to a successful conclusion. With this book, he provides a detailed analysis of the general law of international responsibility and the place of state responsibility in particular within that framework. It serves as a companion to The International Law Commission's Articles on State Responsibility: Introduction, Text and Commentaries (Cambridge University Press, 2002) and is essential reading for scholars and practitioners concerned with issues of international responsibility, whether they arise in interstate relations, in the context of arbitration or litigation, or in bringing international claims.

International Law at a Time of PerplexityInternational Law at a Time of Perplexity



In the meantime, the articles of Part One, now concentrated for the first time in a single volume, are the major starting point for this work. This volume will be of great value to practitioners, teachers & students of international law.

Author: Yôrām Dinšṭein

Publisher: Martinus Nijhoff Publishers

ISBN: 9024736544

Category:

Page: 1

View: 273

This volume contains a consolidated reproduction of Part One (articles 1 to 35) of the Draft Article on State Responsibility & their important Commentaries, prepared by the International Law Commission in the period ending in 1980. These articles deal with the origin of international responsibility, including general principles, the act of State, breach of an international obligation, & circumstances precluding wrongfulness. They were drawn up on the basis of eight reports submitted by the Special Rapporteur, Professor, now Judge Roberto Ago. An introduction written by Shabtai Rosenne traces the history of the official codification of the topic of State Responsibility since the League of Nations first broached the matter in 1924. State Responsibility is central to the daily practice of international law, & its systematic treatment is central to the codification process. The International Law Commission is continuing work on the topic. In the meantime, the articles of Part One, now concentrated for the first time in a single volume, are the major starting point for this work. This volume will be of great value to practitioners, teachers & students of international law. Shabtai Rosenne was a member of the International Law Commission from 1962 to 1971, when the basic decisions regarding the approach to the current phase of the work were taken.

The Responsibility to Protect in International LawThe Responsibility to Protect in International Law



This book will consider a rapidly emerging guiding general principle in international relations and, arguably, in international law: the Responsibility to Protect.

Author: Susan Breau

Publisher: Routledge

ISBN: 9781317569596

Category:

Page: 324

View: 993

This book will consider a rapidly emerging guiding general principle in international relations and, arguably, in international law: the Responsibility to Protect. This principle is a solution proposed to a key preoccupation in both international relations and international law scholarship: how the international community is to respond to mass atrocities within sovereign States. There are three facets to this responsibility; the responsibility to prevent; the responsibility to react, and the responsibility to rebuild. This doctrine will be analysed in light of the parallel development of customary and treaty international legal obligations imposing responsibilities on sovereign states to the international community in key international law fields such as international human rights law, international criminal law and international environmental law. These new developments demand academic study and this book fills this lacuna by rigorously considering all of these developments as part of a trend towards assumption of international responsibility. This must include the responsibility on the part of all states to respond to threats of genocide, crimes against humanity, ethnic cleansings and large-scale war crimes. The discussion surrounding aggravated state responsibility is also explored, with the author concluding that this emerging norm within international law is closely related to the responsibility to protect in its imposition of an international responsibility to act in response to an international wrong. This book will be of great interest to scholars on international law, the law of armed conflict, security studies and IR in general.

Due Diligence in International LawDue Diligence in International Law



Due Diligence in International Law is the first ever international law monograph on the missing link between state responsibility and international liability that is the international law principle of due diligence, ensuring international ...

Author: Joanna Kulesza

Publisher: BRILL

ISBN: 9789004325197

Category:

Page: 380

View: 712

Due Diligence in International Law is the first ever international law monograph on the missing link between state responsibility and international liability that is the international law principle of due diligence, ensuring international cooperation, cybersecurity and preventing significant transboundary harm.

The Practice of Shared Responsibility in International LawThe Practice of Shared Responsibility in International Law



This book reviews the practice of shared responsibility in multiple issue areas of international law, to assess its application and development.

Author: Jessica Schechinger

Publisher: Cambridge University Press

ISBN: 9781107107090

Category:

Page: 1198

View: 272

This book reviews the practice of shared responsibility in multiple issue areas of international law, to assess its application and development.

The Institute of International Law s Resolution on State Succession and State ResponsibilityThe Institute of International Law s Resolution on State Succession and State Responsibility



Analysis of the 2015 Resolution adopted by the Institute of International Law on state succession in matters of state responsibility.

Author: Marcelo G. Kohen

Publisher: Cambridge University Press

ISBN: 9781108496506

Category:

Page: 200

View: 647

Analysis of the 2015 Resolution adopted by the Institute of International Law on state succession in matters of state responsibility.