The International Law Commission s Articles on State Responsibility

Author: United Nations. International Law Commission
Publisher: Cambridge University Press
ISBN: 0521013895
Release Date: 2002
Genre: Law

In 2001 the International Law Commission completed its work on State responsibility, begun 40 years previously. The Articles on Responsibility of States for Internationally Wrongful Acts marks a major step in the codification and progressive development of international law, comparable in significance to the Vienna Convention on the Law of Treaties. The Articles cover such topics as attributing conduct to the State; defining when there has been a breach of international law and the excuses or justifications for breaches; reparation for injustices, the invocation of responsibility, especially standing of States in the public interest, and the rules relating to countermeasures. The Articles develop basic concepts of international law, in particular peremptory norms and obligations to the international community as a whole. They signal definitively how international law has moved away from a purely bilateral conception of responsibility to accommodate categories of general public interest (human rights, the environment etc.).

The International Law Commission s Articles on State Responsibility

Author: United Nations. International Law Commission
Publisher:
ISBN: 0521813530
Release Date: 2002-01-17
Genre: Law

In 2001 the International Law Commission completed its work on State responsibility, begun 40 years previously. The Articles on Responsibility of States for Internationally Wrongful Acts marks a major step in the codification and progressive development of international law, comparable in significance to the Vienna Convention on the Law of Treaties. The Articles cover such topics as attributing conduct to the State; defining when there has been a breach of international law and the excuses or justifications for breaches; reparation for injustices, the invocation of responsibility, especially standing of States in the public interest, and the rules relating to countermeasures. The Articles develop basic concepts of international law, in particular peremptory norms and obligations to the international community as a whole. They signal definitively how international law has moved away from a purely bilateral conception of responsibility to accommodate categories of general public interest (human rights, the environment etc.).

State Responsibility

Author: James Crawford
Publisher: Cambridge University Press
ISBN: 9780521822664
Release Date: 2013-07-18
Genre: Law

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

The Law of International Responsibility

Author: James Crawford
Publisher: Oxford University Press
ISBN: 9780199296972
Release Date: 2010-05-20
Genre: Law

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.

Yearbook of the International Law Commission 2001

Author: United Nations
Publisher: United Nations Publications
ISBN: 9211335914
Release Date: 2008-02-01
Genre: Law

This volume contains the report of the International Law Commission on the work of its fifty-third session (23 April - 1 June and 2 July - 10 August 2001). The issues discussed at that session included: reservations to treaties, diplomatic protection, unilateral acts of States, state responsibility, and international liability for injurious consequences arising out of acts not prohibited by international law.

The International Law of State Responsibility

Author: Robert Kolb
Publisher: Edward Elgar Publishing
ISBN: 9781786434715
Release Date: 2017-04-28
Genre:

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.

Multiple Nationality And International Law

Author: Alfred Michael Boll
Publisher: Martinus Nijhoff Publishers
ISBN: 9789004148383
Release Date: 2007
Genre: Law

This book is a comprehensive overview of multiple nationality in international law, and contains a survey of current State practice covering over 75 countries. It examines the topic in light of the historical treatment of multiple nationality by States, international bodies and commentators, setting out the general trends in international law and relations that have influenced nationality. While the book's purpose is not to debate the merits of multiple nationality, but to present actual state practice, it does survey arguments for and against multiple nationality, and considers States' motivations in adopting a particular attitude toward the topic. As a reference work, the volume includes a detailed examination of the nature of nationality under international law and the concepts of nationality and citizenship under municipal law. The survey of State practice also constitutes a valuable resource for practitioners.

Commentary on the 1969 Vienna Convention on the Law of Treaties

Author: Mark Eugen Villiger
Publisher: BRILL
ISBN: 9789004168046
Release Date: 2009
Genre: Law

The 1969 Vienna Convention on the Law of Treaties, regulating treaties between States, lies at the heart of international law. This commentary interprets the Conventiona (TM)s 85 articles clearly and precisely. It covers such major topics as reservations to treaties, their interpretation and the grounds for terminating a treaty, for instance breach. Emphasis is placed on the practice of States and tribunals and on academic writings. It contains further sections on customary international law and the Conventiona (TM)s history while providing up-to-date information on ratifications and reservations. This commentary is a must for practitioners and academics wishing to establish the meaning and scope of the provisions of the Vienna Convention on the Law of Treaties.

The International Law Commission 1949 1998 Volume One The Treaties

Author: Arthur Watts
Publisher: Oxford University Press
ISBN: 019829803X
Release Date: 1999-09-09
Genre: Law

This is the first of a three volume set, the publication of which will mark the fiftieth anniversary of the International Law Commission, the UN body principally responsible for the codification and development of international law. Together, the three volumes will collect the full texts of the Commission's final draft Articles and Commentaries, and other final reports, on all the topics on which it has completed work during its first fifty years, up to and including 1998. They will also contain the texts of all the treaties which have been concluded on the basis of the Commission's draft Articles.

State Responsibility and the Individual

Author: Albrecht Randelzhofer
Publisher: Martinus Nijhoff Publishers
ISBN: 9041111476
Release Date: 1999-03-11
Genre: Law

The book reviews the modern tendency to recognize individuals aggrieved by a (grave) violation of their rights as holders of claims to reparation directly under international law. Indeed, the European as well as the American Convention on Human Rights empower the relevant Courts to grant appropriate compensation to any person whose complaint is successful. Under general international law, however, this tendency still lacks solid foundations, although a draft declaration currently pending before the UN Human Rights Commission ('van Boven Principles') would confirm the individual's entitlement to reparation as a matter of international law. Likewise, some US Courts have already tried to entertain suits against foreign States in instances of egregious human rights violations. At first glance, to accept persons victims of grave violations as actors at the level of international law seems to be a big step forward, strengthening significantly the regime of human rights. Yet care must be taken not to lose sight of the advantages of the traditional configuration according to which the State alone is entitled to assert reparation claims in cases where its nationals have suffered injury at the hands of another State. In particular, the consequences of developments of catastrophic dimensions like wars cannot be sensibly settled in the same way as any other tort claim. At the inter-State level, in particular, globalization of reparation is indispensable. To apply the simple maxim that all the consequences of an internationally wrongful act must be wiped out would in many instances be tantamount to negating the possibility ever to make a fresh start after a devastating international conflict.

The Statute of the International Court of Justice

Author: Andreas Zimmermann
Publisher: OUP Oxford
ISBN: 9780191632549
Release Date: 2012-10-11
Genre: Law

The International Court of Justice is the principal judicial organ of the United Nations and plays a central role in both the peaceful settlement of international disputes and the development of international law. This comprehensive Commentary on the Statute of the International Court of Justice, now in its second edition, analyses in detail not only the Statute of the Court itself but also the related provisions of the United Nations Charter as well as the relevant provisions of the Court's Rules of Procedure. Five years after the first edition was published, the second edition of the Commentary embraces current events before the International Court of Justice as well as before other courts and tribunals relevant for the interpretation and application of its Statute. The Commentary provides a comprehensive overview and analysis of all legal questions and issues the Court has had to address in the past and will have to address in the future. It illuminates the central issues of procedure and substance that the Court and counsel appearing before it face in their day-to-day work. In addition to commentary covering all of the articles of the Statute of the ICJ, plus the relevant articles of the Charter of the United Nations, the book includes three scene-setting chapters: Historical Introduction, General Principles of Procedural Law, and Discontinuation and Withdrawal. The second edition of the Commentary adds two important and instructive chapters on Counter-Claims and Evidentiary Issues. The combination of expert editors and commentators, and their assessment of new developments in the important work of the ICJ, make this a landmark publication in the field of international law.

The International Law of Migrant Smuggling

Author: Anne T. Gallagher
Publisher: Cambridge University Press
ISBN: 9781139991988
Release Date: 2014-07-21
Genre: Political Science

Whether forced into relocation by fear of persecution, civil war, or humanitarian crisis, or pulled toward the prospect of better economic opportunities, more people are on the move than ever before. Opportunities for lawful entry into preferred destinations are decreasing rapidly, creating demand that is increasingly being met by migrant smugglers. This companion volume to the award-winning The International Law of Human Trafficking presents the first-ever comprehensive, in-depth analysis into the subject. The authors call on their experience of working with the UN to chart the development of new international laws and to link these specialist rules to other relevant areas of international law, including law of the sea, human rights law, and international refugee law. Through this analysis, the authors explain the major legal obligations of States with respect to migrant smuggling, including those related to criminalization, interdiction and rescue at sea, protection, prevention, detention, and return.

Vienna Convention on the Law of Treaties

Author: Oliver Dörr
Publisher: Springer
ISBN: 9783662551608
Release Date: 2018-03-18
Genre: Law

The Commentary on the Vienna Convention on the Law of Treaties provides an in-depth article-by-article analysis of all of the Vienna Convention’s provisions. Each provision’s analysis consists of (I) Purpose and Function of the Article, (II) Historical Background with Negotiating History, (III) Elements of the Article and finally (IV) Treaties of International Organizations. In short, the present Commentary contains a comprehensive legal analysis of all aspects of the international law of treaties. Furthermore, where the law of treaties reaches into other fields of international law, e.g. the law of state responsibility, the relevant interfaces are discussed and contextualized. With its focus on international practice, the Commentary is an invaluable reference for both academia and practitioners of international law.

The International Law of Investment Claims

Author: Zachary Douglas
Publisher: Cambridge University Press
ISBN: 9780521855679
Release Date: 2009-06-11
Genre: Law

This book is a codification of the principles and rules relating to the prosecution of investment claims.