Law of International Responsibility

Zusatztext ...it cannot be doubted that some of the works contained in this commentary shall remain of enduring importance. Informationen zum Autor James Crawford SC! FBA! is Director of the Lauterpacht Centre! University of Cambridge! Whewell Professor of International Law and a Fellow of Jesus College. He was a Member of the United Nations International Law Commission from 1992-2001 and Special Rapporteur on State Responsibility (1997-2001). In addition to scholarly work on statehood! self-determination! collective rights and international responsibility! he has appeared frequently before the InternationalCourt of Justice including in the Advisory Opinions on Nuclear Weapons (1996) and the Israeli Wall/Barrier (2004). He has also appeared before other international tribunals! and is actively engaged as an international arbitrator. Alain Pellet teaches international law at the University of Paris X-Nanterre and was the Director of the Centre de Droit International (CEDIN) from 1991 to 2001. He has received many international decorations and was made a Knight of the Legion of Honour in 1998 for his services to the French state. He is one of the most distinguished French experts on international law and has not only been an advisor to the French Government for many years but has also made a name for himself as therepresentative of several other states before the International Court of Justice in The Hague. He is one of the most active practitioners before the International Court of Justice as a Counsel. In addition! he acts in an advisory capacity to international organisations in issues concerning administration andinternational legislation. A member of the International Law Commission of the United Nations since 1990! he was their chairman in 1997.Simon Olleson's practice specializes in public international law! providing advice and advocacy in relation to traditional inter-State disputes! including before the International Court of Justice! investment protection disputes! international human rights law! issues of sovereign immunity! State succession and the law of the sea. Prior to coming to the Bar! Simon was a Research Associate and subsequently Fellow at the Lauterpacht Centre for International Law of the University of Cambridge!with which he still retains links. He acted as assistant to Professor James Crawford! Special Rapporteur on State Responsibility! in the summer of 2001 during the International Law Commission's final consideration and adoption of the Articles on Responsibility of States for Internationally Wrongful Actsand accompanying commentaries. Klappentext The law of international responsibility is one of international law's core foundational topics. Written by a set of international experts! this book provides a comprehensive and authoritative 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. Zusammenfassung The law of international responsibility is one of international law's core foundational topics. Written by a set of international experts, this book provides a comprehensive and authoritative 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....

Sommario

• Part I Introduction - Responsibility and International Law


• 1: Alain Pellet: The Definition of Responsibility in International Law


• 2: James Crawford: The System of International Responsibility


• 3: Eric David: Primary and Secondary Rules


• Part II International Responsibility - Development and Relationship with Other Areas of Law


• 4: Patrick Daillier: The Development of the Law of Responsibility in the Case Law


• 5: Martti Koskenniemi: Doctrines of State Responsibility


• 6: Lucie Laithier: Private Codification Efforts


• 7: Clémentine Bories: The Hague Conference of 1930


• 8: Daniel Müller: The Work of García-Amador on State Responsibility for Injury Caused to Aliens


• 9: Alain Pellet: The ILC's Articles on State Responsibility


• 10: Alan Boyle: Liability for Injurious Consequences of Acts Not Prohibited by International Law


• 11: Joe Verhoeven: The Law of Responsibility and the Law of Treaties


• 12: Vera Gowlland-Debbas: Responsibility and the United Nations Charter


• 13: Bruno Simma and Dirk Pulkowski: Leges speciales and Self-Contained Regimes


• 14: Jean-Marc Sorel: The Emergence of "Soft" Responsibility


• 15: Pierre-Marie Dupuy: Relations between the International Law of Responsibility and Responsibility in Municipal Law


• Part III The Sources of International Responsibility


• 16: Gilbert Guillaume: Overview of Part One of the Articles on State Responsibility


• 17: Brigitte Stern: The Elements of an Internationally Wrongful Act


• 18: Luigi Condorelli and Claus Kress: The Rules of Attribution: General Considerations


• 19: Djamchid Momtaz, Gérard Cahin and Olivier de Frouville: Attribution of Conduct to the State


• 20: Christian Domincé: Attribution of Conduct to Multiple States and the Implication of a State in the Act of Another State


• 21: Václav Mikulka: State Succession and Responsibility


• 22: Pierre Klein: Attribution of Conduct to International Organizations


• 23: Christian Tomuschat, Gérard Cahin and Anna-Karin Lindblom: The Responsibility of Other Entities


• 24: Franck Latty: Actions and Omissions


• 25: Yumi Nishimura: Source of the Obligation


• 26: Constantin Economides: Content of the Obligation: Obligations of Means and Obligations of Result


• 27: Jean Salmon: Duration of the Breach


• 28: Paul Tavernier: Relevance of the Inter-temporal Law


• 29: James Crawford: International Crimes of States


• 30: Antonio Cassese: The Character of the Violated Obligation


• 31: Paola Gaeta: The Character of the Breach


• 32: Sandra Szurek: The Notion of Circumstances Precluding Wrongfulness


• 33: Affef Ben Mansour, Maja Ménard, Jean-Marc Thouvenin, Hubert Lesaffre, Sandra Szurek and Sarah Heathcote: Circumstances Precluding Wrongfulness in the ILC Articles on State Responsibility


• 34: Michel Montjoie: The Concept of Liability in the Absence of an Internationally Wrongful Act


• 35: Philippe Guttinger: Alloc

  Info autore

  James Crawford SC, FBA, is Director of the Lauterpacht Centre, University of Cambridge, Whewell Professor of International Law and a Fellow of Jesus College. He was a Member of the United Nations International Law Commission from 1992-2001 and Special Rapporteur on State Responsibility (1997-2001). In addition to scholarly work on statehood, self-determination, collective rights and international responsibility, he has appeared frequently before the International Court of Justice including in the Advisory Opinions on Nuclear Weapons (1996) and the Israeli Wall/Barrier (2004). He has also appeared before other international tribunals, and is actively engaged as an international arbitrator.
  
  Alain Pellet teaches international law at the University of Paris X-Nanterre and was the Director of the Centre de Droit International (CEDIN) from 1991 to 2001. He has received many international decorations and was made a Knight of the Legion of Honour in 1998 for his services to the French state. He is one of the most distinguished French experts on international law and has not only been an advisor to the French Government for many years but has also made a name for himself as the representative of several other states before the International Court of Justice in The Hague. He is one of the most active practitioners before the International Court of Justice as a Counsel. In addition, he acts in an advisory capacity to international organisations in issues concerning administration and international legislation. A member of the International Law Commission of the United Nations since 1990, he was their chairman in 1997.
  
  Simon Olleson's practice specializes in public international law, providing advice and advocacy in relation to traditional inter-State disputes, including before the International Court of Justice, investment protection disputes, international human rights law, issues of sovereign immunity, State succession and the law of the sea. Prior to coming to the Bar, Simon was a Research Associate and subsequently Fellow at the Lauterpacht Centre for International Law of the University of Cambridge, with which he still retains links. He acted as assistant to Professor James Crawford, Special Rapporteur on State Responsibility, in the summer of 2001 during the International Law Commission's final consideration and adoption of the Articles on Responsibility of States for Internationally Wrongful Acts and accompanying commentaries.

  Riassunto

  The law of international responsibility plays a fundamental role in the modern system of international law, surpassed by none and paralleled only by the law of treaties. The volume seeks to cover the entirety of the field of international responsibility, with a particular focus on the work of the International Law Commission. It provides detailed discussion and analysis of the historically predominant topics of State responsibility, on which the ILC completed its work in 2001, and the specific sub-topic of diplomatic protection, work on which was completed by the ILC in 2006. However, it also covers both the topic of responsibility of international organizations, on which the ILC's work is ongoing (a set of draft Articles having been adopted on first reading in 2009), and that of liability for harmful activities not prohibited under international law on which the ILC adopted drafts in 2001 and 2006.
  
  The volume comprises contributions on specific issues in the international law of responsibility, authored by an international team of specialists in the field, which provides a comprehensive commentary of all aspects of the topic. The chapters are detailed in their coverage, discussing both international jurisprudence and doctrinal controversies, as well as providing a critical assessment of the relevant work of the ILC. In addition to providing detailed consideration of the general secondary rules of international responsibility, coverage is also included of certain specific systems of responsibility and their relationship with the general rules under a number of specialised regimes, in particular under certain human rights treaties, the WTO, and investment protection treaties.

  Testo aggiuntivo

  ...it cannot be doubted that some of the works contained in this commentary shall remain of enduring importance.

  Relazione

  Despite international law's breadth and depth, it is difficult to find a topic which would not somehow benefit from insights included in this book. The bookshould be a first port of call for academics and practitioners of international law interested in this area. With its carefully written entries and wealth of information, this book makes a great systematic contribution to international law scholarship. Gentian Zyberi, International Law Observer

Dettagli sul prodotto

• Autori: James Crawford, Simon Olleson, Dr Kate (Associate Parlett, Kate Parlett, PARLETT KATE, Alain Pellet
• Con la collaborazione di: James Crawford (Editore), Simon Olleson (Editore), Alain Pellet (Editore)
• Editore: Oxford University Press
• Lingue: Inglese
• Formato: Copertina rigida
• Pubblicazione: 20.05.2010
• EAN: 9780199296972
• ISBN: 978-0-19-929697-2
• Pagine: 1376
• Serie: Oxford Commentaries on International Law; Oxford Commentaries on Interna; Oxford Commentaries on International Law; Oxford Commentaries on Interna
• Categoria: Scienze sociali, diritto, economia > Diritto > Diritto internazionale, diritto degli stranieri