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State Responsibility

State Responsibility Author James Crawford
ISBN-10 9780521822664
Release 2013-07-18
Pages 825
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Reviews the responsibility of states for acts contrary to international law and examines the connections between institutions, rules and practice.



Transboundary Damage in International Law

Transboundary Damage in International Law Author Hanqin Xue
ISBN-10 1139438107
Release 2003-03-13
Pages
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The Chernobyl disaster, the Amoco Cadiz oil spill and the Colorado River dispute are examples of an activity conducted by one state which has serious adverse effects in the territory of another, or in global common areas. This book details the international rules and compensation procedures and is intended for use by governmental officials, international lawyers and jurists. It discusses existing laws on international liability and considers the underlying legal issues that require further development. It is one of the few books on the subject written from the perspective of a developing country with rapid economic and social development.



War Crimes in Internal Armed Conflicts

War Crimes in Internal Armed Conflicts Author Eve La Haye
ISBN-10 9781139469845
Release 2008-04-03
Pages
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Does international law make individuals responsible for perpetrating war crimes during internal armed conflicts? Eve La Haye explores the content of international criminal law applicable in such conflicts and questions the 1995 finding of the Appeals Chamber of the International Criminal Tribunal for the Former Yugoslavia that responsibility could be enforced on the basis of customary international law. This finding is evaluated with regard to state practice and the practice of international organisations. The means to enforce individual criminal responsibility for such crimes are also investigated. The states on whose territory the crimes took place have sometimes tried such perpetrators, but can other states prosecute perpetrators of war crimes under the principle of universal jurisdiction? The applicability of universal jurisdiction to war crimes committed in civil wars and the practice of domestic courts are examined, alongside the role and achievements of prosecutions carried out by international courts and tribunals.



The Right to Reparation in International Law for Victims of Armed Conflict

The Right to Reparation in International Law for Victims of Armed Conflict Author Christine Evans
ISBN-10 9781139510806
Release 2012-06-28
Pages
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In this evaluation of the international legal standing of the right to reparation and its practical implementation at the national level, Christine Evans outlines State responsibility and examines the jurisprudence of the International Court of Justice, the Articles on State Responsibility of the International Law Commission and the convergence of norms in different branches of international law, notably human rights law, humanitarian law and international criminal law. Case studies of countries in which the United Nations has played a significant role in peace negotiations and post-conflict processes allow her to analyse to what extent transitional justice measures have promoted State responsibility for reparations, interacted with human rights mechanisms and prompted subsequent elaboration of domestic legislation and reparations policies. In conclusion, she argues for an emerging customary right for individuals to receive reparations for serious violations of human rights and a corresponding responsibility of States.



State Responsibility for Breaches of Investment Contracts

State Responsibility for Breaches of Investment Contracts Author Jean Ho
ISBN-10 9781108415842
Release 2018-10-25
Pages 384
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This book critically analyses the origins, the creation, and the evolution of an international law on investment contract protection.



Complicity and the Law of State Responsibility

Complicity and the Law of State Responsibility Author Helmut Philipp Aust
ISBN-10 9781139499620
Release 2011-09-01
Pages
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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.



Justification and Excuse in International Law

Justification and Excuse in International Law Author Federica Paddeu
ISBN-10 9781107106208
Release 2018-01-11
Pages 400
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The first comprehensive study of the distinction between justification and excuse under the international law of state responsibility.



Accountability of Armed Opposition Groups in International Law

Accountability of Armed Opposition Groups in International Law Author Liesbeth Zegveld
ISBN-10 9781139437950
Release 2002-07-25
Pages
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Who is accountable under international law for the acts committed by armed opposition groups? In today's world the majority of political conflicts involve non-state actors attempting to exert political influence (such as overthrowing a government or bringing about secession). Notwithstanding their impact on the course of events, however, we often know little about these groups, and even less about how to treat their actions legally. In this award-winning scholarship, Liesbeth Zegveld examines the need to legally identify the parties involved when internal conflicts arise, and the reality of their demands for rights. Her study draws upon international humanitarian law, human rights law and international criminal law to consider a fundamental question: who is accountable for the acts committed by non-state actors, or for the failure to prevent or repress these acts? This study will be of interest to academics, postgraduate students and professionals involved with armed conflict and international relations.



State Control over Private Military and Security Companies in Armed Conflict

State Control over Private Military and Security Companies in Armed Conflict Author Hannah Tonkin
ISBN-10 9781139499453
Release 2011-08-11
Pages
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The past two decades have witnessed the rapid proliferation of private military and security companies (PMSCs) in armed conflicts around the world, with PMSCs participating in, for example, offensive combat, prisoner interrogation and the provision of advice and training. The extensive outsourcing of military and security activities has challenged conventional conceptions of the state as the primary holder of coercive power and raised concerns about the reduction in state control over the use of violence. Hannah Tonkin critically analyses the international obligations on three key states - the hiring state, the home state and the host state of a PMSC - and identifies the circumstances in which PMSC misconduct may give rise to state responsibility. This analysis will facilitate the assessment of state responsibility in cases of PMSC misconduct and set standards to guide states in developing their domestic laws and policies on private security.



International Law as a Belief System

International Law as a Belief System Author Jean d'Aspremont
ISBN-10 9781108386364
Release 2017-11-09
Pages
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International Law as a Belief System considers how we construct international legal discourses and the self-referentiality at the centre of all legal arguments about international law. It explores how the fundamental doctrines (e.g. sources, responsibility, statehood, personality, interpretation and jus cogens etc.) constrain legal reasoning by inventing their own origin and dictating the nature of their functioning. In this innovative work, d'Aspremont argues that these processes constitute the mark of a belief system. This book invites international lawyers to temporarily suspend some of their understandings about the fundamental doctrines they adhere to in their professional activities. It aims to provide readers with new tools to reinvent the thinking about international law and combines theory and practice to offer insights that are valuable for both theorists and practitioners.



The Law of International Responsibility

The Law of International Responsibility Author James Crawford
ISBN-10 9780199296972
Release 2010-05-20
Pages 1296
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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.



Legal Consequences of Peremptory Norms in International Law

Legal Consequences of Peremptory Norms in International Law Author Daniel Costelloe
ISBN-10 9781108509541
Release 2017-09-07
Pages
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When is a norm peremptory? This is a question that has troubled legal scholars throughout the development of modern international law. In this work, Daniel Costelloe suggests - through an examination of State practice and international materials - that it is the legal consequences of a norm which distinguish it as peremptory. This book sheds new light on the legal consequences that peremptory norms have, for instance, in the law of treaties, international responsibility and state immunity. Unlike their substance or identification, the consequences of peremptory norms have remained under-studied. This book is the first specifically on this topic and is essential reading for all scholars and practitioners of public international law.



Humanity at Sea

Humanity at Sea Author Itamar Mann
ISBN-10 9781316785294
Release 2016-09-29
Pages
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This interdisciplinary study engages law, history, and political theory in a first attempt to crystallize the lessons the global 'refugee crisis' can teach us about the nature of international law. It connects the dots between the actions of Jewish migrants to Palestine after WWII, Vietnamese 'boatpeople', Haitian refugees seeking to reach Florida, Middle Eastern migrants and refugees bound to Australia, and Syrian refugees currently crossing the Mediterranean, and then legal responses by states and international organizations to these movements. Through its account of maritime migration, the book proposes a theory of human rights modelled around an encounter between individuals in which one of the parties is at great risk. It weaves together primary sources, insights from the work of twentieth-century thinkers such as Hannah Arendt and Emmanuel Levinas, and other legal materials to form a rich account of an issue of increasing global concern.



Enforcing Obligations Erga Omnes in International Law

Enforcing Obligations Erga Omnes in International Law Author Christian J. Tams
ISBN-10 1139448803
Release 2005-12-01
Pages
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The concept of obligations erga omnes - obligations to the international community as a whole - has fascinated international lawyers for decades, yet its precise implications remain unclear. This book assesses how this concept affects the enforcement of international law. It shows that all States are entitled to invoke obligations erga omnes in proceedings before the International Court of Justice, and to take countermeasures in response to serious erga omnes breaches. In addition, it suggests ways of identifying obligations that qualify as erga omnes. In order to sustain these results, the book conducts a thorough examination of international practice and jurisprudence as well as the recent work of the UN International Law Commission in the field of State responsibility. By so doing, it demonstrates that the erga omnes concept is solidly grounded in modern international law, and clarifies one of the central aspects of the international regime of law enforcement.



Third Party Countermeasures in International Law

Third Party Countermeasures in International Law Author Martin Dawidowicz
ISBN-10 9781107014794
Release 2017-06
Pages 426
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This book examines an important unresolved question of current international law: the legal position of third-party countermeasures.



Shipping Interdiction and the Law of the Sea

Shipping Interdiction and the Law of the Sea Author Douglas Guilfoyle
ISBN-10 9780521760195
Release 2009-08-13
Pages 374
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In this comparative study of shipping interdiction, Douglas Guilfoyle considers the State action of stopping, searching and arresting foreign flag vessels and crew on the high seas in cases such as piracy, slavery, drug smuggling, fisheries management, migrant smuggling, the proliferation of weapons of mass destruction and maritime terrorism. Interdiction raises important questions of jurisdiction, including: how permission to board a foreign vessel is obtained; whether boarding State or flag State law applies during the interdiction (or whether both apply); and which State has jurisdiction to prosecute any crimes discovered. Rules on the use of force and protection of human rights, compensation for wrongful interdiction and the status of boarding State officers under flag State law are also examined. A unified and practical view is taken of the law applicable across existing interdiction regimes based on an extensive survey of state practice.



Sovereignty Statehood and State Responsibility

Sovereignty  Statehood and State Responsibility Author Christine Chinkin
ISBN-10 9781316218099
Release 2015-02-12
Pages
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This collection of essays focusses on the following concepts: sovereignty (the unique, intangible and yet essential characteristic of states), statehood (what it means to be a state, and the process of acquiring or losing statehood) and state responsibility (the legal component of what being a state entails). The unifying theme is that they have always been and will in the future continue to form a crucial part of the foundations of public international law. While many publications focus on new actors in international law such as international organisations, individuals, companies, NGOs and even humanity as a whole, this book offers a timely, thought-provoking and innovative reappraisal of the core actors on the international stage: states. It includes reflections on the interactions between states and non-state actors and on how increasing participation by and recognition of the latter within international law has impacted upon the role and attributes of statehood.