principles of shared responsibility in international law an appraisal of the state of the art

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Principles Of Shared Responsibility In International Law

Author : André Nollkaemper
ISBN : 9781316195383
Genre : Law
File Size : 44. 62 MB
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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.

Distribution Of Responsibilities In International Law

Author : André Nollkaemper
ISBN : 9781316404690
Genre : Law
File Size : 82. 19 MB
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This is the second book in the series Shared Responsibility in International Law, which examines the problem of distribution of responsibilities among multiple states and other actors. In its work on the responsibility of states and international organisations, the International Law Commission recognised that attribution of acts to one actor does not exclude possible attribution of the same act to another state or organisation. However, it provided limited guidance for the often complex question of how responsibility is to be distributed among wrongdoing actors. This study fills that gap by shedding light on principles of distribution from extra-legal perspectives. Drawing on disciplines such as political theory, moral philosophy, and economics, this volume enquires into the bases and justifications for apportionment of responsibilities that can support a critique of current international law, offers insight into the justification of alternative interpretations, and provides inspiration for reform and further development of international law.

Responsibilities And Liabilities For Commercial Activity In The Arctic

Author : Vibe Ulfbeck
ISBN : 9781317340829
Genre :
File Size : 71. 64 MB
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Given the magnitude of the risks associated with commercial activities in the Arctic arising as a result of the milder climate, new business opportunities raise important questions of responsibility and liability. This book analyses the issues of responsibility and liability connected with the exploitation of natural resources, marine transport and other activities in the Arctic. Applying a combined private and public law perspective on these issues, it considers both the business and societal interests related to Arctic development using Greenland as an example. The book focuses on problems that are specific to Greenland and wider issues that affect all Arctic states.

Third Party Countermeasures In International Law

Author : Martin Dawidowicz
ISBN : 9781107014794
Genre : Law
File Size : 80. 47 MB
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This book examines an important unresolved question of current international law: the legal position of third-party countermeasures.

Complicity And The Law Of State Responsibility

Author : Helmut Philipp Aust
ISBN : 9781139499620
Genre : Law
File Size : 29. 32 MB
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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.

The International Responsibility Of International Organisations

Author : Moritz P. Moelle
ISBN : 9781108210638
Genre : Law
File Size : 48. 39 MB
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The International Responsibility of International Organisations addresses the joint responsibility of organisations for violations of international law committed during the deployment of peacekeeping operations. More specifically, it inquires if and under which circumstances - in terms of the notion of control - international organisations can be jointly responsible. The author analyses the practice of international organisations (the United Nations, NATO, the European Union, the African Union and the Economic Community of West African States) on an inter-institutional level, as well as in the field in the form of five case studies. The likelihood and distribution of responsibility between international organisations engaged in peacekeeping operations is affected by the different layers of applicable primary norms (Security Council mandates, internal law of the organisations, international humanitarian and human rights law). Although external pressure may contribute to enhancing the effectiveness of holding international organisations jointly responsible, any substantial measures and mechanisms can only be implemented with the participation of states and international organisations.

System Criminality In International Law

Author : Harmen van der Wilt
ISBN : 9780521763561
Genre : Law
File Size : 49. 12 MB
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How does international law respond to situations where collective entities order, encourage or allow the committing of international crimes?

Complicity And Its Limits In The Law Of International Responsibility

Author : Vladyslav Lanovoy
ISBN : 9781782259374
Genre : Law
File Size : 64. 13 MB
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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.

The Max Planck Encyclopedia Of Public International Law

Author : Rudiger Wolfrum
ISBN : 9780199657919
Genre : Law
File Size : 63. 66 MB
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This index to the definitive reference work on international law contains detailed references to over 1,600 articles covering the full history and breadth of public international law, as well as other information to facilitate its use, such as tables and citation lists.

The Virtual Weapon And International Order

Author : Lucas Kello
ISBN : 9780300226294
Genre : Computers
File Size : 56. 28 MB
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An urgently needed examination of the current cyber revolution that draws on case studies to develop conceptual frameworks for understanding its effects on international order The cyber revolution is the revolution of our time. The rapid expansion of cyberspace brings both promise and peril. It promotes new modes of political interaction, but it also disrupts interstate dealings and empowers non-state actors who may instigate diplomatic and military crises. Despite significant experience with cyber phenomena, the conceptual apparatus to analyze, understand, and address their effects on international order remains primitive. Here, Lucas Kello adapts and applies international relations theory to create new ways of thinking about cyber strategy. Kello draws on a broad range of case studies, including the Estonian crisis, the Olympic Games operation against Iran, and the cyber attack against Sony Pictures. Synthesizing qualitative data from government documents, forensic reports of major incidents and interviews with senior officials from around the globe, this important work establishes new conceptual benchmarks to help security experts adapt strategy and policy to the unprecedented challenges of our times.

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