The Institute Of International Laws Resolution On State Succession And State Responsibility
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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 | : James Crawford |
Publisher | : Cambridge University Press |
Total Pages | : 907 |
Release | : 2013-07-18 |
Genre | : Law |
ISBN | : 0521822661 |
This book reviews the responsibility of states for acts contrary to international law and examines the connections between institutions, rules and practice.
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 | : Alan E. Boyle |
Publisher | : Oxford University Press, USA |
Total Pages | : 372 |
Release | : 2007 |
Genre | : Law |
ISBN | : |
1. Introduction 2. Participants in International Law-making 3. Multilateral Law-making Processes 4. Codification and Progressive Development of International law 5. Law-making Instruments 6. The Role of Courts.
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 | : 560 |
Release | : 2006-03-21 |
Genre | : Law |
ISBN | : 9780521849289 |
This book is a comprehensive study of secession from an international law perspective.
Author | : Joanne Foakes |
Publisher | : Oxford University Press |
Total Pages | : 257 |
Release | : 2014 |
Genre | : History |
ISBN | : 0199640289 |
A comprehensive and in-depth study of the legal position in international law of heads of state, heads of government and other senior state officials, this book analyses relevant treaties, case law, and custom to set out the law in this area and provide practical guidance.
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 | : Marcelo G. Kohen |
Publisher | : Cambridge University Press |
Total Pages | : 191 |
Release | : 2019-02-14 |
Genre | : Law |
ISBN | : 1108751385 |
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 | : Helmut Philipp Aust |
Publisher | : Cambridge University Press |
Total Pages | : 521 |
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.