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| 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 | : 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 | : 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 | : 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 | : 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 | : 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.
| Author | : André Nollkaemper |
| Publisher | : Cambridge University Press |
| Total Pages | : 399 |
| Release | : 2014-12-04 |
| Genre | : Law |
| ISBN | : 1316195384 |
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.
| Author | : Philipp Wendel |
| Publisher | : Springer Science & Business Media |
| Total Pages | : 300 |
| Release | : 2007-09-19 |
| Genre | : Law |
| ISBN | : 3540743324 |
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 | : Margaretha Wewerinke-Singh |
| Publisher | : Bloomsbury Publishing |
| Total Pages | : 214 |
| Release | : 2019-03-21 |
| Genre | : Law |
| ISBN | : 1509918450 |
The last decade has witnessed an increasing focus on the relationship between climate change and human rights. Several international human rights bodies have expressed concern about the negative implications of climate change for the enjoyment of human rights, and the Paris Agreement is the first multilateral climate agreement to refer explicitly to states' human rights obligations in connection with climate change. Yet despite this, there are still significant gaps in our understanding of the role of international human rights law in enhancing accountability for climate action or inaction. As the Paris Agreement has shifted the focus of the climate change regime towards voluntary action, and the humanitarian impacts of climate change are increasingly being felt around the world, accountability for climate change has become an increasingly salient issue. This book offers a timely and comprehensive analysis of the legal issues related to accountability for the human rights impact of climate change, drawing on the state responsibility regime. It explains when and where state action relating to climate change may amount to a violation of human rights, and evaluates various avenues of legal redress available to victims. The overall analysis offers a perceptive insight into the potential of innovative rights-based climate actions to shape climate and energy policies around the world.
