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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.
Author: Robert Kolb
Publisher:
Published: 2017
Total Pages: 0
ISBN-13: 9781786434708
DOWNLOAD EBOOK →"Covering the key aspects of the topic [of public international law], [this book] combines an...overview with use of specific case studies in order to provide a deeper understanding. The...chapters are organized into two parts. Part one provides a structural overview of the law, with up-to-date coverage of practice and case law reflecting the key international law reports. Part two offers specific case studies, asking probing questions in order to explore how the international legal order deals with breaches of its norms and what rights and faculties are accorded to the aggrieved state."--
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.
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.
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.
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.
Author: United Nations. International Law Commission
Publisher: Cambridge University Press
Published: 2002
Total Pages: 428
ISBN-13: 9780521013895
DOWNLOAD EBOOK →Note on sources and style
Author: Helmut Philipp Aust
Publisher: Cambridge University Press
Published: 2011-09-01
Total Pages:
ISBN-13: 1139499629
DOWNLOAD EBOOK →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.
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.
Author: Patrick Dumberry
Publisher: BRILL
Published: 2007-07-30
Total Pages: 540
ISBN-13: 9047420667
DOWNLOAD EBOOK →The break-up of the Soviet Union, Yugoslavia and Czechoslovakia and the unification of Germany in the 1990s marked the dramatic return to center stage in international law of the issue of State succession. This book deals with one particularly controversial aspect of State succession that until now has not received much attention: the question of State succession to international responsibility. In State Succession to International Responsibility the international lawyer and scholar Patrick Dumberry addresses the question, critical for our times, whether or not a new State may be held responsible for wrongful acts committed before its independence by the predecessor State. He also considers the reverse situation: whether or not a new State may claim reparations for wrongful acts committed before its independence by third parties and which affected the predecessor State or one of its nationals. State Succession to International Responsibility contains the most comprehensive analysis ever published of doctrine and State practice related to these questions. It is the first attempt to examine systematically State conduct, both historical and modern, with a view to identifying the factors and circumstances under which rights and obligations of a predecessor State may be transferred to a new State. Winner 2008 ASIL Certificate of Merit for High Technical Craftsmanship And Utility To Practicing Lawyers And Scholars.
