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Duality of Responsibility in International Law

Author : Thomas Weatherall
Publisher : BRILL
Page : 401 pages
File Size : 13,8 MB
Release : 2022-03-16
Category : Law
ISBN : 9004505377

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This book explores consequences arising in the field of State responsibility in relation to those arising for the individual in international criminal law, a relationship that broadly defines duality of responsibility in international law.

State Responsibility in International Law

Author : René Provost
Publisher : Routledge
Page : 589 pages
File Size : 36,73 MB
Release : 2017-03-02
Category : Law
ISBN : 1351898035

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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 Practice of Shared Responsibility in International Law

Author : André Nollkaemper
Publisher : Cambridge University Press
Page : 1229 pages
File Size : 32,97 MB
Release : 2017-02-02
Category : Law
ISBN : 1107107091

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This book reviews the practice of shared responsibility in multiple issue areas of international law, to assess its application and development.

The International Law of State Responsibility

Author : Robert Kolb
Publisher : Edward Elgar Publishing
Page : 417 pages
File Size : 28,73 MB
Release : 2017-04-28
Category : Law
ISBN : 1786434717

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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.

Principles of Shared Responsibility in International Law

Author : André Nollkaemper
Publisher : Cambridge University Press
Page : 399 pages
File Size : 25,44 MB
Release : 2014-12-04
Category : Law
ISBN : 1316195384

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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.

The Intersection of International Law and Domestic Law

Author : Davíd Thór Björgvinsson
Publisher : Edward Elgar Publishing
Page : 201 pages
File Size : 24,3 MB
Release : 2015-11-27
Category : Law
ISBN : 1785361872

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What are the theoretical and practical issues relating to the intersection between domestic and international law? This important new book discusses how general theories, including monism and dualism, transpire in practice. The author examines several key areas: the rules relating to treaty making and the ratification of treatises, the doctrine of automatic incorporation and transformation, the direct effect of international norms in the domestic system, and a discussion of the principle of consistent interpretation. With a focus on the European Convention on Human Rights, the author concludes that, although traditional theories are still relevant, they fall short in grasping the complexity of the different ways in which the legislator and the courts have given effect to international law on the domestic level. Students and scholars of international and domestic law will find this book to be useful in their studies. It will also be of interest to academics, judges, and practicing lawyers.

Permutations of Responsibility in International Law

Author :
Publisher : BRILL
Page : 288 pages
File Size : 12,75 MB
Release : 2019-02-11
Category : Law
ISBN : 9004390480

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In Permutations of Responsibility in International Law the contributors offer an account of the variety of manifestations of responsibility in international law tackled from the angle of its nature, the actors involved and the different regimes in which it may emerge.

The Responsibility to Protect in International Law

Author : Susan Breau
Publisher : Routledge
Page : 325 pages
File Size : 16,21 MB
Release : 2016-03-02
Category : Law
ISBN : 1317569601

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This book will consider a rapidly emerging guiding general principle in international relations and, arguably, in international law: the Responsibility to Protect. This principle is a solution proposed to a key preoccupation in both international relations and international law scholarship: how the international community is to respond to mass atrocities within sovereign States. There are three facets to this responsibility; the responsibility to prevent; the responsibility to react, and the responsibility to rebuild. This doctrine will be analysed in light of the parallel development of customary and treaty international legal obligations imposing responsibilities on sovereign states to the international community in key international law fields such as international human rights law, international criminal law and international environmental law. These new developments demand academic study and this book fills this lacuna by rigorously considering all of these developments as part of a trend towards assumption of international responsibility. This must include the responsibility on the part of all states to respond to threats of genocide, crimes against humanity, ethnic cleansings and large-scale war crimes. The discussion surrounding aggravated state responsibility is also explored, with the author concluding that this emerging norm within international law is closely related to the responsibility to protect in its imposition of an international responsibility to act in response to an international wrong. This book will be of great interest to scholars on international law, the law of armed conflict, security studies and IR in general.

State Responsibility in the International Legal Order

Author : Katja Creutz
Publisher : Cambridge University Press
Page : 379 pages
File Size : 33,73 MB
Release : 2020-09-24
Category : Law
ISBN : 1108788696

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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.