State Responsibility In The International Legal Order
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Author | : Katja Creutz |
Publisher | : Cambridge University Press |
Total Pages | : 379 |
Release | : 2020-09-24 |
Genre | : Law |
ISBN | : 1108788696 |
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 | : Katja Creutz |
Publisher | : Cambridge University Press |
Total Pages | : 379 |
Release | : 2020-09-24 |
Genre | : Law |
ISBN | : 1108494293 |
The book analyzes State responsibility in international law from a holistic and critical perspective.
Author | : Katja Creutz |
Publisher | : |
Total Pages | : |
Release | : 2020 |
Genre | : Government liability (International law) |
ISBN | : 9781108736930 |
"This book represents an addition to the growing scholarship on the law of state responsibility in international law. It seeks to assess this body of law in a comprehensive and critical manner as such efforts have so far been relatively few. While the issues regulated by international law have expanded and diversified, as has the range of actors, state responsibility has remained a central institution of international law. These developments nevertheless motivate taking a fresh look at the law of state responsibility in order to ponder whether international lawyers need to adjust their thinking about state responsibility. My interest in state responsibility awakened in the aftermath of the commission of the abuses in the Abu Ghraib prison in 2004. International legal scholars tended to have different ideas about what state responsibility was supposed to achieve in this particular case, and by what means. At times, remedying concrete wrongs appeared to be juxtaposed with the larger concerns for legality in the international legal order. Moreover, different opinions seemed to exist with regard to whether or not state responsibility had materialized with respect to the Abu Ghraib abuses. Around the same time, the ICC became operative and promised a different approach to the most serious violations of international law. International responsibility expanded to encompass various practices and ideas of responsibility, yet, a comprehensive understanding of the developments occurring within responsibility in international law seemed to be missing"--
Author | : Robert Kolb |
Publisher | : Edward Elgar Publishing |
Total Pages | : 417 |
Release | : 2017-04-28 |
Genre | : Law |
ISBN | : 1786434717 |
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 | : James Crawford |
Publisher | : Oxford University Press |
Total Pages | : 1364 |
Release | : 2010-05-20 |
Genre | : Law |
ISBN | : 0199296979 |
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 |
Total Pages | : 589 |
Release | : 2017-03-02 |
Genre | : Law |
ISBN | : 1351898035 |
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 | : Helmut Philipp Aust |
Publisher | : Cambridge University Press |
Total Pages | : |
Release | : 2011-09-01 |
Genre | : Law |
ISBN | : 1139499629 |
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 | : Marcelo G. Kohen |
Publisher | : Cambridge University Press |
Total Pages | : 191 |
Release | : 2019-02-14 |
Genre | : Law |
ISBN | : 1108496504 |
Analysis of the 2015 Resolution adopted by the Institute of International Law on state succession in matters of state responsibility.
Author | : Anne Peters |
Publisher | : Cambridge University Press |
Total Pages | : 645 |
Release | : 2016-10-27 |
Genre | : Law |
ISBN | : 1107164303 |
Beyond Human Rights, previously published in German and now available in English, is a historical and doctrinal study about the legal status of individuals in international law.
Author | : Lyal S. Sunga |
Publisher | : Martinus Nijhoff Publishers |
Total Pages | : 254 |
Release | : 1992-01-16 |
Genre | : Law |
ISBN | : 0792314530 |
What rules of international law make the individual, even a Head of State, responsible for perpetrating serious human rights violations, such as war crimes, torture or genocide? This question is becoming more critical in our increasingly interdependent world, and the recent invasion of Kuwait and the brutalization of its people by Iraqi leader Saddam Hussein has heated up the debate even further. The author argues that a new rule of international law stipulating individual responsibility for all serious human rights violations is currently emerging. To show how this is coming about, he explores relevant norms in classic laws of war, international humanitarian law and modern international human rights law and surveys patterns in their implementation. He then takes account of codification efforts of the International Law Commission, the changing position of the individual in international law, and other important developments in the context of general international law as an evolving system.