Complicity And The Law Of State Responsibility

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Complicity and the Law of State Responsibility

Helmut Philipp Aust
Complicity and the Law of State Responsibility Book PDF

Author : Helmut Philipp Aust
Publisher : Cambridge University Press
Page : 128 pages
File Size : 50,7 Mb
Release : 2011-09-01
Category : Law
ISBN : 9781139499620

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Complicity and the Law of State Responsibility by Helmut Philipp Aust Pdf

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.

Complicity in International Law

Miles Jackson
Complicity in International Law Book PDF

Author : Miles Jackson
Publisher : Oxford Monographs in Internati
Page : 273 pages
File Size : 44,9 Mb
Release : 2015
Category : Law
ISBN : 9780198736936

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Complicity in International Law by Miles Jackson Pdf

Analysing the nature of complicity in international criminal law, this book provides an account of the growing attention being paid to the issue. Exploring the responsibilities of individuals, states, and non-state actors in their obligations, the changing status of complicity in international law is demonstrated.

Complicity and the Law of International Organizations

Magdalena Pacholska
Complicity and the Law of International Organizations Book PDF

Author : Magdalena Pacholska
Publisher : Edward Elgar Publishing
Page : 288 pages
File Size : 42,9 Mb
Release : 2020-04-24
Category : Law
ISBN : 9781839101366

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Complicity and the Law of International Organizations by Magdalena Pacholska Pdf

This timely book examines the responsibility of international organizations for complicity in human rights and humanitarian law violations. It comprehensively addresses a lacuna in current scholarship through an analysis of the mandates and modus operandi of UN peace operations, offering workable normative solutions and striking a balance between the UN’s duty not to contribute to international law violations and its need to discharge mandated tasks in a highly volatile environment.

Complicity in International Criminal Law

Marina Aksenova
Complicity in International Criminal Law Book PDF

Author : Marina Aksenova
Publisher : Bloomsbury Publishing
Page : 297 pages
File Size : 50,6 Mb
Release : 2016-12-15
Category : Law
ISBN : 9781509900091

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Complicity in International Criminal Law by Marina Aksenova Pdf

This book tackles one of the most contentious aspects of international criminal law – the modes of liability. At the heart of the discussion is the quest for balance between the accused's individual contribution and the collective nature of mass offending. The principle of legality demands that there exists a well-defined link between the crime and the person charged with it. This is so even in the context of international offending, which often implies 'several degrees of separation' between the direct perpetrator and the person who authorises the atrocity. The challenge is to construct that link without jeopardising the interests of justice. This monograph provides the first comprehensive treatment of complicity within the discipline and beyond. Extensive analysis of the pertinent statutes and jurisprudence reveals gaps in interpreting accessorial liability. Simultaneously, the study of complicity becomes a test for the general methods and purposes of international criminal law. The book exposes problems with the sources of law and demonstrates the absence of clearly defined sentencing and policy rationales, which are crucial tools in structuring judicial discretion. Awarded The Paul Guggenheim Prize in International Law 2017!

The Law of International Responsibility

James Crawford,Alain Pellet,Simon Olleson,Dr Kate Parlett
The Law of International Responsibility Book PDF

Author : James Crawford,Alain Pellet,Simon Olleson,Dr Kate Parlett
Publisher : Oxford University Press
Page : 1364 pages
File Size : 48,5 Mb
Release : 2010-05-20
Category : Law
ISBN : 9780199296972

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The Law of International Responsibility by James Crawford,Alain Pellet,Simon Olleson,Dr Kate Parlett Pdf

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.

The Diversification and Fragmentation of International Criminal Law

Larissa van den Herik,Carsten Stahn
The Diversification and Fragmentation of International Criminal Law Book PDF

Author : Larissa van den Herik,Carsten Stahn
Publisher : Martinus Nijhoff Publishers
Page : 735 pages
File Size : 42,5 Mb
Release : 2012
Category : Law
ISBN : 9789004214590

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The Diversification and Fragmentation of International Criminal Law by Larissa van den Herik,Carsten Stahn Pdf

This volume deals with the tension between unity and diversification which has gained a central place in the debate under the label of ‘fragmentation’. It explores the meaning, articulation and risks of this phenomenon in a specific area: International Criminal Justice. It brings together established and fresh voices who analyse different sites and contestations of this concept, as well as its context and specific manifestations in the interpretation and application of International Criminal Law. The volume thereby connects discourse on ‘fragmentation’ with broader inquiry on the merits and discontents of legal pluralism in ‘Public International Law’.

Principles of Shared Responsibility in International Law

André Nollkaemper,Ilias Plakokefalos
Principles of Shared Responsibility in International Law Book PDF

Author : André Nollkaemper,Ilias Plakokefalos
Publisher : Cambridge University Press
Page : 0 pages
File Size : 44,5 Mb
Release : 2016-10-06
Category : Law
ISBN : 1107435803

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Principles of Shared Responsibility in International Law by André Nollkaemper,Ilias Plakokefalos Pdf

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.

State Responsibility in the International Legal Order

Katja Creutz
State Responsibility in the International Legal Order Book PDF

Author : Katja Creutz
Publisher : Cambridge University Press
Page : 379 pages
File Size : 42,9 Mb
Release : 2020-09-24
Category : Law
ISBN : 9781108494298

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State Responsibility in the International Legal Order by Katja Creutz Pdf

The book analyzes State responsibility in international law from a holistic and critical perspective.

Complicity and its Limits in the Law of International Responsibility

Vladyslav Lanovoy
Complicity and its Limits in the Law of International Responsibility Book PDF

Author : Vladyslav Lanovoy
Publisher : Bloomsbury Publishing
Page : 440 pages
File Size : 50,7 Mb
Release : 2016-09-22
Category : Law
ISBN : 9781782259381

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Complicity and its Limits in the Law of International Responsibility by Vladyslav Lanovoy Pdf

This book examines the responsibility of States and international organizations for complicity (aid or assistance) in an internationally wrongful act. Despite the recognition of responsibility for complicity as a rule of customary international law by the International Court of Justice, this book argues that the effectiveness and utility of this form of responsibility is fraught with systemic and operational limits. These limits include a lack of clarity in its constituent elements, its co-existence with primary rules prohibiting complicity and the obligations of due diligence, its implementation and the underlying causal tests, its uncertain relationship to other forms of shared and indirect responsibility, and its potential as a form of attribution of conduct. This book submits that the content and elements of this form of responsibility need adjustments to respond more effectively to the phenomenon of complicity in international affairs. Awarded The Paul Guggenheim Prize in International Law 2017!

The International Law of State Responsibility

Robert Kolb
The International Law of State Responsibility Book PDF

Author : Robert Kolb
Publisher : Edward Elgar Publishing
Page : 296 pages
File Size : 48,8 Mb
Release : 2017-04-28
Category : Electronic
ISBN : 9781786434715

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The International Law of State Responsibility by Robert Kolb Pdf

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.

State Responsibility

James Crawford
State Responsibility Book PDF

Author : James Crawford
Publisher : Cambridge University Press
Page : 907 pages
File Size : 42,6 Mb
Release : 2013-07-18
Category : Law
ISBN : 9780521822664

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State Responsibility by James Crawford Pdf

This book reviews the responsibility of states for acts contrary to international law and examines the connections between institutions, rules and practice.

International Law in Domestic Courts

Andre Nollkaemper,August Reinisch,Ralph Janik,Florentina Simlinger
International Law in Domestic Courts Book PDF

Author : Andre Nollkaemper,August Reinisch,Ralph Janik,Florentina Simlinger
Publisher : Oxford University Press, USA
Page : 769 pages
File Size : 51,6 Mb
Release : 2019-01-28
Category : Law
ISBN : 9780198739746

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International Law in Domestic Courts by Andre Nollkaemper,August Reinisch,Ralph Janik,Florentina Simlinger Pdf

The Oxford ILDC online database, an online collection of domestic court decisions which apply international law, has been providing scholars with insights for many years. This ILDC Casebook is the perfect companion, introducing key court decisions with brief introductory and connecting texts. An ideal text for practitioners, judged, government officials, as well as for students on international law courses, the ILDC Casebook explains the theories and doctrines underlying the use by domestic courts of international law, and illustrates the key importance of domestic courts in the development of international law.

Complicity and the Law of International Organizations

Magdalena Pacholska
Complicity and the Law of International Organizations Book PDF

Author : Magdalena Pacholska
Publisher : Unknown
Page : 0 pages
File Size : 47,6 Mb
Release : 2020
Category : Human rights
ISBN : 1839101350

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Complicity and the Law of International Organizations by Magdalena Pacholska Pdf

This timely book examines the responsibility of international organizations for complicity in human rights and humanitarian law violations. It comprehensively addresses a lacuna in current scholarship through an analysis of the mandates and modus operandi of UN peace operations, offering workable normative solutions and striking a balance between the UN s duty not to contribute to international law violations and its need to discharge mandated tasks in a highly volatile environment. Building on existing scholarship on State responsibility for aid or assistance, this incisive book is the first to focus on how the complicity of international organizations in human rights and humanitarian law violations can be established. Through a re-examination of classic legal notions such as due diligence and effective control, and their application to the problem of UN responsibility for complicity, Dr. Magdalena Pacholska provides a pertinent analysis of the complex issues surrounding the UN's legal exposure for its activities in the field of peace and security. Legal advisers working for the UN and other international organizations, national Ministries of Defence, and courts with jurisdiction in this area, will find this book's insights both valuable and useful in practice. It will also be of interest to scholars and employees of NGOs with a focus on international humanitarian law and the accountability of international organizations.

Philosophy and International Law

David Lefkowitz
Philosophy and International Law Book PDF

Author : David Lefkowitz
Publisher : Cambridge University Press
Page : 289 pages
File Size : 51,6 Mb
Release : 2020-10-29
Category : Law
ISBN : 9781107138773

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Philosophy and International Law by David Lefkowitz Pdf

Offers an accessible discussion of conceptual and moral questions on international law and advances the debate on many of these topics.

War Law

Michael Byers
War Law Book PDF

Author : Michael Byers
Publisher : Open Road + Grove/Atlantic
Page : 224 pages
File Size : 46,8 Mb
Release : 2007-12-01
Category : Law
ISBN : 9781555848460

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War Law by Michael Byers Pdf

“Professor Byers’s book goes to the heart of some of the most bitterly contested recent controversies about the International Rule of Law.” —Chris Patten, Chancellor of Oxford University International law governing the use of military force has been the subject of intense public debate. Under what conditions is it appropriate, or necessary, for a country to use force when diplomacy has failed? Michael Byers, a widely known world expert on international law, weighs these issues in War Law. Byers examines the history of armed conflict and international law through a series of case studies of past conflicts, ranging from the 1837 Caroline Incident to the abuse of detainees by US forces at Abu Ghraib prison in Iraq. Byers explores the legal controversies that surrounded the 1999 and 2001 interventions in Kosovo and Afghanistan and the 2003 war in Iraq; the development of international humanitarian law from the 1859 Battle of Solferino to the present; and the role of war crimes tribunals and the International Criminal Court. He also considers the unique influence of the United States in the evolution of this extremely controversial area of international law. War Law is neither a textbook nor a treatise, but a fascinating account of a highly controversial topic that is necessary reading for fans of military history and general readers alike. “Should be read, and pondered, by those who are seriously concerned with the legacy we will leave to future generations.” —Noam Chomsky