Theories Of International Responsibility Law
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| Author | : Samantha Besson |
| Publisher | : Cambridge University Press |
| Total Pages | : 371 |
| Release | : 2022-09-08 |
| Genre | : Law |
| ISBN | : 1009208543 |
There is no issue more central to a legal order than responsibility, and yet the dearth of contemporary theorizing on international responsibility law is worrying for the state of international law. The volume brings philosophers of the law of responsibility into dialogue with international responsibility law specialists. Its tripartite structure corresponds to the three main theoretical challenges in the contemporary practice of international responsibility law: the public and private nature of the international responsibility of public institutions; its collective and individual dimensions; and the place of fault therein. In each part, two international lawyers and two philosophers of responsibility law address the most pressing questions in the theory of international responsibility law. The volume closes with a comparative 'world tour' of the responsibility of public institutions in four different legal cultures and regions, identifying stepping-stones and stumbling blocks on the path towards a common law of international responsibility.
| 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 | : Emmanuel Roucounas |
| Publisher | : BRILL |
| Total Pages | : 731 |
| Release | : 2019-09-16 |
| Genre | : Law |
| ISBN | : 9004385363 |
The book explores the main characteristics of contemporary theory in international law. It examines in an analytical fashion 32 schools, movements, and trends as well as the works of more than 500 authors on substantive issues of international law.
| 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 | : 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 | : Samantha Besson |
| Publisher | : Cambridge University Press |
| Total Pages | : 371 |
| Release | : 2022-09-08 |
| Genre | : Law |
| ISBN | : 1009208535 |
A dialogue between international responsibility lawyers and legal philosophers laying the groundwork for new research and legal reform.
| Author | : Mark G. Burgstaller |
| Publisher | : BRILL |
| Total Pages | : 242 |
| Release | : 2004-11-26 |
| Genre | : Law |
| ISBN | : 9047406761 |
This book examines some of the most prominent contemporary theories of compliance with international law. It is argued that these theories ultimately rely on some political philosophy and that therefore their strengths and weaknesses can be traced back to those of the respective philosophical background. The approach finally taken is based on some recent empirical and theoretical research undertaken and as such provides new insights to the major works of the authors that are at the core of the discussion.
| Author | : Cezary Mik |
| Publisher | : |
| Total Pages | : 0 |
| Release | : 2024 |
| Genre | : Law |
| ISBN | : 9781032287447 |
"Examining the fulfilment of international obligations by subjects of this law, this book explores the normative and functional links between the sources and rules of international law on the one hand, and the responsibility for violating international law on the other. In the sphere of law-making, the theory of obligations allows for a more precise and considered formulation of international obligations. It has the potential to enable subjects of international law to behave more rationally, allowing deeper reflection on whether to take on obligations and how to properly perform them. This book proposes a new approach to the issue of the proper operation of international law, with the theory of obligations at its heart. Linking the institutions and concepts of international law into a rational whole, the book offers an analysis of the operation of international law and the behaviour of its subjects, to develop a framework for ensuring the ultimate effectiveness of international law. Analysing sources of law including treaties and common law, alongside the resolutions of international organizations, this book demonstrates the practical application of the subject with reference to the jurisprudence of international courts and other bodies. The volume will be of interest to scholars, students and practitioners concerned with international law - its creation, performance, application, compliance and enforcement"--
| 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 | : Lachezar D. Yanev |
| Publisher | : BRILL |
| Total Pages | : 654 |
| Release | : 2018-05-07 |
| Genre | : Law |
| ISBN | : 9004357505 |
The proper construction of co-perpetration responsibility in international criminal law has become one of the most enduring controversies in this field, with the UN Tribunals endorsing the theory of joint criminal enterprise, and the International Criminal Court adopting the alternative joint control over the crime theory to define this mode of liability. This book seeks to reconcile the ICTY/R’s and ICC’s jurisprudence by providing a definition of co-perpetration that could be uniformly applied in the two justice models that these institutions represent: the ad hoc- and the treaty-based model. An evaluation framework is adopted, pursuant to which the origins, merits and deficiencies of the said competing theories are critically assessed, and a refined legal framework of co-perpetration responsibility is proposed.
