State Succession To Rights And Obligations Arising From The Commission Of Internationally Wrongful Acts In International Law
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| Author | : Patrick Dumberry |
| Publisher | : |
| Total Pages | : 573 |
| Release | : 2006 |
| Genre | : |
| ISBN | : |
The present thesis addresses the issue of State succession to international responsibility. The analysis of State practice shows that the solution to the question whether or not there is a succession of States to the consequences of internationally wrongful acts committed by the predecessor State before the date of succession is not uniform ; it depends essentially on the different types of succession of States and the specific circumstances involved. There are many situations where the obligation to repair is transferred to the successor State after the date of succession. Similarly, there are several examples of State practice where the successor State claimed (and received) reparation in the opposite context of internationally wrongful acts committed (before the date of succession) against the predecessor State or one of its nationals. Modern State practice supports the principle of continuity of the obligation to repair and the right to reparation in international law.
| Author | : Grega Pajnkihar |
| Publisher | : BRILL |
| Total Pages | : 403 |
| Release | : 2023-08-28 |
| Genre | : Law |
| ISBN | : 9004679413 |
Ongoing work of the International Law Commission on State succession with respect to State responsibility begs the question: how does this new matter fit into the broader concept of State succession? This book presents a detailed analysis of the complete codified field of State succession, with new observations and the relevant elements of State responsibility. Dr. Grega Pajnkihar provides insight into how these two areas of international law are interlinked and why State responsibility should not be treated differently from other matters of succession.
| Author | : Patrick Dumberry |
| Publisher | : BRILL |
| Total Pages | : 540 |
| Release | : 2007-07-30 |
| Genre | : Law |
| ISBN | : 9047420667 |
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.
| Author | : Patrick Dumberry |
| Publisher | : BRILL |
| Total Pages | : 534 |
| Release | : 2024-09-05 |
| Genre | : Law |
| ISBN | : 9004703810 |
In the context of the break-up of the Soviet Union and Yugoslavia, the independence of Montenegro and the unification of Germany, can a new State be held responsible for wrongful acts committed before its independence by the predecessor State? This book is the most comprehensive analysis of State practice, case law and scholarship identifying the factors and circumstances under which the rights and obligations arising from wrongful acts committed before independence can be transferred to a new State. This updated and revised second edition covers new developments, including the recent works of the International Law Commission and the Institute of International Law.
| 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 | : United Nations. International Law Commission |
| Publisher | : Cambridge University Press |
| Total Pages | : 428 |
| Release | : 2002 |
| Genre | : Law |
| ISBN | : 9780521013895 |
Note on sources and style
| Author | : United Nations. International Law Commission |
| Publisher | : Martinus Nijhoff Publishers |
| Total Pages | : 416 |
| Release | : 1991-05-29 |
| Genre | : Law |
| ISBN | : 9780792311799 |
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.
| Author | : Patrick Dumberry |
| Publisher | : |
| Total Pages | : |
| Release | : 2013 |
| Genre | : |
| ISBN | : |
There is a well-established principle of international law according to which whenever an insurrectional movement succeeds in creating a new state, the new state should be held responsible for obligations arising from internationally wrongful acts committed by the insurrectional movement against third states during the armed struggle for independence. The principle is clearly stated in Article 10(2) of the International Law Commission's Articles on Responsibility of States for Internationally Wrongful Acts. The issue has, surprisingly, not been the object of great attention by legal scholars. This article examines the different possible theoretical foundations in support of this principle. It is submitted that the new state should remain responsible for acts which took place before its independence because there is a 'structural' and 'organic' continuity of the legal personality of the organization of the rebels with that of the new state. There is, however, only limited state practice in support of this principle. The analysis of the concrete application of this principle for different types of succession of states leads the author to conclude that it should find application in all cases because of its fair and equitable consequences.
| Author | : James Crawford |
| Publisher | : Cambridge University Press |
| Total Pages | : |
| Release | : 2013-07-18 |
| Genre | : Law |
| ISBN | : 1107276365 |
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.
| Author | : Tai-Heng Cheng |
| Publisher | : BRILL |
| Total Pages | : 500 |
| Release | : 2006-07-19 |
| Genre | : Law |
| ISBN | : 9047440021 |
State Succession and Commercial Obligations sets out to answer once and for all the age-old question: Do commercial obligations survive state succession? Tai-Heng Cheng accomplishes this goal via careful analyses of efforts by the United Nations to codify the law of state succession, as well as of recent state successions involving East Timor, Hong Kong, Macau, Yugoslavia, Czechoslovakia and the Soviet Union. The insightful text identifies a common thread running through these seemingly disparate events. Because of globalization and our interdependence, transnational decision-makers have collectively shaped international law to protect the international infrastructure from being disrupted by state succession and to protect entities from being debilitated by post-succession obligations. State Succession and Commercial Obligations makes another major breakthrough by showing that the policy considerations and decision-making processes are similar in both state and government successions. Unlike prior theories that were bound by technical distinctions between state and government succession, this book’s approach helps decision-makers bring order to both state and government successions that continue to be problematic today, such as the “regime changes” in Iraq, Afghanistan and Kosovo. State Succession and Commercial Obligations is the only major treatise in fifty years to appraise the global development of the law of state succession and commercial obligations. This treatise is indispensable to legal scholars seeking to understand contemporary international law, judges and arbitrators adjudicating succession disputes, and transactional and trial lawyers representing financial institutions, corporations and states when succession is imminent or has occurred. Because this book distills complex legal concepts into elegant ideas, it is also fascinating reading for a general audience that has an interest in global affairs and the transformative successions since the end of the Cold War. Published under the Transnational Publishers imprint.
