The International Law of State Responsibility

The International Law of State Responsibility PDF

Author: Robert Kolb

Publisher: Edward Elgar Publishing

Published: 2017-04-28

Total Pages: 296

ISBN-13: 1786434717

DOWNLOAD EBOOK →

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.

State Responsibility in the International Legal Order

State Responsibility in the International Legal Order PDF

Author: Katja Creutz

Publisher: Cambridge University Press

Published: 2020-09-24

Total Pages: 379

ISBN-13: 1108788696

DOWNLOAD EBOOK →

State responsibility in international law is considered one of the cornerstones of the field. For a long time it remained the exclusive responsibility system due to the primacy of States as subjects of international law. Its unique position has nonetheless been challenged by several developments both within and outside the international legal order, such as the rise of alternative responsibility ideas and practices, as well as globalization and its consequences. This book adopts a critical and holistic approach to the law of State responsibility and analyzes the functionality of the general rules of State responsibility in a changed international landscape characterized by the fragmentation of responsibility. It is argued that State responsibility is not equally relevant across the broad spectrum of international obligations, and that alternative constructions of responsibility, namely international criminal law and international liability, have increased in standing.

State Responsibility in International Law

State Responsibility in International Law PDF

Author: René Provost

Publisher: Routledge

Published: 2017-03-02

Total Pages: 589

ISBN-13: 1351898035

DOWNLOAD EBOOK →

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.

The Law of International Responsibility

The Law of International Responsibility PDF

Author: James Crawford

Publisher: Oxford University Press

Published: 2010-05-20

Total Pages: 1364

ISBN-13: 0199296979

DOWNLOAD EBOOK →

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.

Accountability of Armed Opposition Groups in International Law

Accountability of Armed Opposition Groups in International Law PDF

Author: Liesbeth Zegveld

Publisher: Cambridge University Press

Published: 2002-07-25

Total Pages: 294

ISBN-13: 113943795X

DOWNLOAD EBOOK →

Who is accountable under international law for the acts committed by armed opposition groups? In today's world the majority of political conflicts involve non-state actors attempting to exert political influence (such as overthrowing a government or bringing about secession). Notwithstanding their impact on the course of events, however, we often know little about these groups, and even less about how to treat their actions legally. In this award-winning scholarship, Liesbeth Zegveld examines the need to legally identify the parties involved when internal conflicts arise, and the reality of their demands for rights. Her study draws upon international humanitarian law, human rights law and international criminal law to consider a fundamental question: who is accountable for the acts committed by non-state actors, or for the failure to prevent or repress these acts? This study will be of interest to academics, postgraduate students and professionals involved with armed conflict and international relations.

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

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

Author: Marcelo G. Kohen

Publisher: Cambridge University Press

Published: 2019-02-14

Total Pages: 191

ISBN-13: 1108751385

DOWNLOAD EBOOK →

Marcelo Kohen and Patrick Dumberry explore in an article-by-article commentary the Resolution adopted in 2015 by the Institute of International Law, on state succession in matters of state responsibility. They analyse the content and scope of application of each provision based on a comprehensive survey of existing state practice and judicial decisions (both domestic and international), as well as taking into account the works of scholars and that of the ILC Special Rapporteur in his proposed Draft Articles on the same topic. This book explains the rationale and the reasons behind why the Institute adopted specific solutions to address particular problems of succession to responsibility for each provision, including the need to achieve a fair outcome given the specific circumstances and relevant factors for each case.

Principles of Shared Responsibility in International Law

Principles of Shared Responsibility in International Law PDF

Author: André Nollkaemper

Publisher: Cambridge University Press

Published: 2014-12-04

Total Pages: 399

ISBN-13: 1316195384

DOWNLOAD EBOOK →

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.

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

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

Author: Philipp Wendel

Publisher: Springer Science & Business Media

Published: 2007-09-19

Total Pages: 300

ISBN-13: 3540743324

DOWNLOAD EBOOK →

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.

Responsibility of International Organizations

Responsibility of International Organizations PDF

Author: Maurizio Ragazzi

Publisher: Martinus Nijhoff Publishers

Published: 2013-07-04

Total Pages: 515

ISBN-13: 9004256083

DOWNLOAD EBOOK →

In December 2011, the United Nations General Assembly adopted the International Law Commission's articles on the responsibility of international organizations, bringing to conclusion not only nearly ten years of reflection by the Commission, governments and organizations on this specific topic, but also decades of study of the wider subject of international responsibility, which had initially focused on State responsibility. Parallel to this reflection by the Commission, diplomats and public officials, the body of international case-law and literature on the many facets of the topic has steadily been growing. Responsibility of International Organizations: Essays in Memory of Sir Ian Brownlie contributes to the body of international literature by collecting a broad spectrum of different and sometimes differing perspectives from well-known experts in the field, ranging from the bench to the Commission, academia, and the world of in-house counsel. The book is also a memorial to the renowned Sir Ian Brownlie, himself a former Chairman of the International Law Commission who, as a leading scholar and practitioner, greatly contributed to the reflection on international responsibility, including the responsibility of international organizations. Edited by Maurizio Ragazzi, a former pupil of Sir Ian, the book is an ideal companion to International Responsibility Today, a collection of essays on international responsibility which the same editor presented in 2005 in memory of Oscar Schachter, and to which Sir Ian Brownlie had contributed. The essays collected in Responsibility of International Organizations: Essays in Memory of Sir Ian Brownlie, conveniently grouped by the editor under broad areas for the reader's benefit, will be relevant not only to all those interested in this specific subject but also, more generally, to all those engaged in the field of international law and the law of international organizations.