State Responsibility In The International Legal Order
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State Responsibility in the International Legal Order by Katja Creutz Pdf
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.
State Responsibility in the International Legal Order by Katja Creutz Pdf
"This book represents an addition to the growing scholarship on the law of state responsibility in international law. It seeks to assess this body of law in a comprehensive and critical manner as such efforts have so far been relatively few. While the issues regulated by international law have expanded and diversified, as has the range of actors, state responsibility has remained a central institution of international law. These developments nevertheless motivate taking a fresh look at the law of state responsibility in order to ponder whether international lawyers need to adjust their thinking about state responsibility. My interest in state responsibility awakened in the aftermath of the commission of the abuses in the Abu Ghraib prison in 2004. International legal scholars tended to have different ideas about what state responsibility was supposed to achieve in this particular case, and by what means. At times, remedying concrete wrongs appeared to be juxtaposed with the larger concerns for legality in the international legal order. Moreover, different opinions seemed to exist with regard to whether or not state responsibility had materialized with respect to the Abu Ghraib abuses. Around the same time, the ICC became operative and promised a different approach to the most serious violations of international law. International responsibility expanded to encompass various practices and ideas of responsibility, yet, a comprehensive understanding of the developments occurring within responsibility in international law seemed to be missing"--
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 in International Law by René Provost Pdf
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.
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.
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.
Individual Responsibility in International Law for Serious Human Rights Violations by Lyal S. Sunga Pdf
What rules of international law make the individual, even a Head of State, responsible for perpetrating serious human rights violations, such as war crimes, torture or genocide? This question is becoming more critical in our increasingly interdependent world, and the recent invasion of Kuwait and the brutalization of its people by Iraqi leader Saddam Hussein has heated up the debate even further. The author argues that a new rule of international law stipulating individual responsibility for all serious human rights violations is currently emerging. To show how this is coming about, he explores relevant norms in classic laws of war, international humanitarian law and modern international human rights law and surveys patterns in their implementation. He then takes account of codification efforts of the International Law Commission, the changing position of the individual in international law, and other important developments in the context of general international law as an evolving system.
Author : Helmut Philipp Aust Publisher : Cambridge University Press Page : 128 pages File Size : 53,9 Mb Release : 2011-09-01 Category : Law ISBN : 9781139499620
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.
Author : United Nations. International Law Commission Publisher : Martinus Nijhoff Publishers Page : 416 pages File Size : 44,7 Mb Release : 1991-05-29 Category : Law ISBN : 0792311795
The International Law Commission's Draft Articles on State Responsibility by United Nations. International Law Commission Pdf
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.
The International Legal Order by Ingrid Detter Delupis Pdf
This work is based on long-term research into State practice combined with the development of a theoretical foundation of such practice, which explains the behaviour of states as subject to clear legal restraints. It argues that state practice is not compatible with traditional concepts of international law and that a fresh approach is required.
The International Legal Order: Current Needs and Possible Responses by James Crawford,Abdul Koroma,Said Mahmoudi,Alain Pellet Pdf
This volume of essays addresses some of the most significant issues of contemporary international law. It particularly focuses on questions relating to international humanitarian law, the law of the sea, human rights, the use of force, international environmental law, and the settlement of international disputes. Recent developments in some other issues of international law such as State immunity and State responsibility are also dealt with. The Work contains a number of articles in French and is offered as a tribute to the prominent Iranian Professor of International Law, Djamchid Momtaz, on the occasion of his 75th birthday.
The Cambridge Companion to International Law by James Crawford,Martti Koskenniemi,Surabhi Ranganathan Pdf
A concise, intellectually rigorous and politically and theoretically informed introduction to the context, grammar, techniques and projects of international law.